| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23-3320
|
Farmers Direct Property and Casualty Insurance Co. v. Montez
The amount in controversy in insurer's action was not controlled by the insurance policy's limit because insurer could be liable for more than that limit. |
Civil Procedure, Insurance |
|
E. Wallach | Mar. 7, 2025 |
|
F085028
|
Modification: Wash v. Banda-Wash
Because a remittitur is not served on parties, defendant's motion for her attorney fees and costs was ineligible for statutory extension for service and the request deemed untimely. |
Civil Procedure |
|
M. Smith | Mar. 6, 2025 |
|
B332393
|
Politsch v. Metroplaza Partners, LLC
Trial court did not abuse discretion when its decision to vacate default judgment based on Defendant's mistake was well-supported and analyzed. |
Civil Procedure |
|
E. Grimes | Mar. 5, 2025 |
|
B331916
|
Kim v. New Life Oasis Church
Issue preclusion prevented attorney from relitigating validity of lien on real property securing attorney's fees because he was in privity with party to first litigation that necessarily decided the issue. |
Civil Procedure, Attorneys |
|
J. Wiley | Mar. 5, 2025 |
|
A168481
|
Moniz v. Adecco USA, Inc.
Private Attorneys General Act plaintiff lacked standing to move to vacate settlement reached in overlapping PAGA action against the same defendant. |
Employment Law, Civil Procedure |
|
T. Brown | Mar. 4, 2025 |
|
24-1612
|
50 Exchange Terrace LLC v. Mount Vernon Specialty Insurance Co.
Plaintiff lacked standing and ripeness to sue insurer prior to conducting an appraisal required by the parties' insurance policy. |
Insurance, Civil Procedure |
|
D. Hamilton | Mar. 4, 2025 |
|
A168100
|
Zaragoza v. Adam
Expert declaration concluding that medical negligence defendant acted within the standard of care without providing underlying facts and reasons was insufficient to satisfy defendant's burden at the summary judgment stage. |
Torts, Civil Procedure |
|
C. Fujisaki | Mar. 3, 2025 |
|
D085025
|
Maniago v. Desert Cardiology Consultants' Medical Group
Voluntary dismissal with prejudice was not an appealable final judgment, and it stripped the appellate court of jurisdiction to hear the appeal. |
Civil Procedure |
|
M. Buchanan | Feb. 28, 2025 |
|
23-35560
|
Cedar Park Assembly of God v. Kreidler
Washington church failed to establish constitutional standing when challenging the state's Reproductive Parity Act's requirements with respect to providing health insurance for employees. |
Civil Procedure, Constitutional Law |
|
S. Graber | Mar. 7, 2025 |
|
23-971
|
Waetzig v. Halliburton Energy Services, Inc.
Because a Federal Rule of Civil Procedure voluntary dismissal with prejudice is a final judgment, courts may reopen such a case under Federal Rule of Civil Procedure 60(b). |
Civil Procedure |
|
S. Alito | Feb. 27, 2025 |
|
23-15887
|
Six v. IQ Data International, Inc.
Single letter from debt collector to alleged debtor who was represented by counsel was sufficient for standing to sue under the Fair Debt Collection Practices Act. |
Consumer Law, Civil Procedure |
|
R. Desai | Feb. 25, 2025 |
|
23-55288
|
In re: Kirsten v. California Pizza Kitchen Data Breach Litigation
Despite brevity of district court's final class action approval order, because the record supported no procedural error or abuse of discretion, settlement's approval was affirmed. |
Civil Procedure |
|
K. Lee | Feb. 25, 2025 |
|
23-191
|
Williams v. Reed
Courts may not deny 42 U.S.C. Section 1983 claims on failure-to-exhaust grounds where application of the exhaustion requirement would effectively immunize state officials from claims challenging administrative process delays. |
Civil Rights, Civil Procedure |
|
B. Kavanaugh | Feb. 24, 2025 |
|
22-56206
|
U.S. Securities & Exchange Commission v. Chicago Title Company
To ensure protection of receivership assets obtained from a Ponzi scheme, district court had authority and appropriately issued order barring further litigation against third-party. |
Securities, Civil Procedure |
|
D. Ebel | Feb. 21, 2025 |
|
22-16613
|
Litekyan v. U.S. Dept. of the Airforce
Plaintiff nonprofit had standing to challenge U.S. Air Force's hazardous waste disposal operations in important natural and cultural site in Guam. |
Environmental Law, Civil Procedure |
|
M. Berzon | Feb. 14, 2025 |
|
G062788
|
Elmi v. Related Management Co., L.P.
Code of Civil Procedure Section 998 limits only prejudgment costs and fees--not costs and fees incurred to enforce a judgment. |
Civil Procedure |
|
T. Goethals | Feb. 10, 2025 |
|
F085028
|
Wash v. Banda-Wash
Because a remittitur is not served on parties, defendant's motion for her attorney fees and costs was ineligible for statutory extension for service and the request deemed untimely. |
Civil Procedure |
|
M. Smith | Feb. 5, 2025 |
|
B331450
|
Hardy v. Forest River, Inc.
Forum selection clause that waived unwaivable rights under Song-Beverly Act was unconscionable and unenforceable, and the clause could neither be rewritten nor properly severed to save the agreement. |
Consumer Law, Civil Procedure |
|
A. Richardson | Feb. 4, 2025 |
|
D082372
|
Villalva v. Bombardier Mass Transit Corp.
Despite being unsuccessful in their Berman hearings, employees who succeeded with the de novo review of their case in superior court were properly awarded attorney fees. |
Employment Law, Civil Procedure |
|
M. Buchanan | Jan. 23, 2025 |
|
G064229
|
Sheehy v. Chicago Title Insurance Co.
Trial court's order granting motion in limine to preclude attorney's expert testimony was not directly appealable. |
Civil Procedure, Evidence |
|
M. Sanchez | Jan. 23, 2025 |
|
23-4167
|
G.P.P., Inc. v. Guardian Protection Products, Inc.
Abandonment of certain claims did not operate as voluntary dismissal for determining the prevailing party because there was no clear and unambiguous expression of an intent to abandon the claims. |
Civil Procedure, Contracts |
|
M. Smith | Jan. 22, 2025 |
|
C098701
|
L.W. v. Audi AG
Trial court had personal jurisdiction over Audi's German-HQ entity under the stream-of-commerce theory. |
Civil Procedure, Torts |
|
E. Duarte | Jan. 17, 2025 |
|
A168960
|
ParaFi Digital Opportunities v. Egorov
Personal jurisdiction was lacking where there was no evidence in the record that defendant purposefully availed himself of California benefits and instead, plaintiffs sought him out for investment opportunities. |
Civil Procedure |
|
T. Desautels | Jan. 17, 2025 |
|
23-677
|
Royal Canin U. S. A. v. Wullschleger
A plaintiff's amendment of complaint to remove federal-law claims divests a federal court of jurisdiction. |
Civil Procedure |
|
E. Kagan | Jan. 16, 2025 |
|
B320574
|
Pollock v. Kelso
Attorney fee award was reasonable where the parties' conduct and settlement agreement in camera review demonstrated one was the prevailing party. |
Civil Procedure |
|
J. Wiley | Jan. 9, 2025 |
|
B321752
|
Lazar v. Bishop
Cause of action for real estate broker's breach of fiduciary duty was assignable where the complaint only sought to recover damages related to property and pecuniary interests. |
Civil Procedure |
|
L. Edmon | Dec. 23, 2024 |
|
D082747
|
Zavala v. Hyundai Motor America
Disagreeing with *Gorobets v. Jaguar Land Rover North America*, simultaneous 998 offers to the same party may be valid to shift costs. |
Civil Procedure |
|
J. Irion | Dec. 18, 2024 |
|
B323392
|
Winston v. County of Los Angeles
Trial court erred in denying successful whistleblower retaliation litigant's Labor Code Section 1102.5(j) attorney fees' request when amended provision could be applied retroactively. |
Civil Procedure, Employment Law |
|
M. Stratton | Dec. 17, 2024 |
|
23-35136
|
Maverick Gaming, LLC v. U.S.
District court properly dismissed casino gaming company's action because the Shoalwater Bay Indian Tribe was a required party that could not be joined to the litigation. |
Civil Procedure, Native American Affairs |
|
K. Wardlaw | Dec. 9, 2024 |
|
B325599
|
Modification: LCPFV LLC v. Somatdary Inc.
Trial court properly refused to award excessive fees and damages during default judgment process to plaintiff that ramped up legal activity after notice defendant would not participate in proceedings. |
Civil Procedure, Remedies |
|
J. Wiley | Dec. 13, 2024 |
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