| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B302739
|
DotConnectAfrica Trust v. Internet Corp. for Assigned Names and Numbers
Because plaintiff waived its right to sue in court and was declared the prevailing party in arbitration, the trial court did not abuse its discretion in applying judicial estoppel. |
Civil Procedure |
|
J. Wiley | Sep. 22, 2021 |
|
18-15386
|
Lawson v. Grubhub
Because Proposition 22 does not apply retroactively, the prior ABC test applies to claims arising before it was passed. |
Civil Procedure |
|
W. Fletcher | Sep. 21, 2021 |
|
D078410
|
Finlan v. Chase
Written offers that merely reference Code of Civil Procedure Section 998 without providing specific acceptance instructions are invalid. |
Civil Procedure |
|
W. Dato | Sep. 16, 2021 |
|
B311725
|
Los Angeles County Metropolitan Transportation Authority v. Superior Court
Because applications for search warrants are ex parte determinations, they do not foreclose on peremptory challenges under Code of Civil Procedure Section 170.6. |
Civil Procedure |
|
L. Baker | Sep. 15, 2021 |
|
C091399
|
Wolstoncroft v. County of Yolo
Reverse validation proceedings may be subject to equitable tolling by parties' agreement. |
Civil Procedure |
|
A. Hoch | Sep. 1, 2021 |
|
A159148
|
Swenberg v. Dmarcian
Foreign defendant purposefully availed himself to California when he presented himself as a leader of a California corporation and participated in business phone calls regarding day-to-day operations in California. |
Civil Procedure |
|
J. Kline | Sep. 1, 2021 |
|
H047985
|
Rozanova v. Uribe
Photocopies of exhibits for a vexatious litigant motion are recoverable under Code of Civil Procedure Section 1033.5(a). |
Civil Procedure |
|
A. Danner | Sep. 1, 2021 |
|
A161079
|
Reddish v. Westamerica Bank
Because defendant might ultimately recover costs as a prevailing party, an order requiring the parties to split deposition costs was not appealable before a final judgment. |
Civil Procedure |
|
G. Burns | Aug. 31, 2021 |
|
B308815
|
Jacqueline B. v. Rawls Law Group
Plaintiff's malpractice claim was not sufficiently related to law firm's and its lawyers' contacts with California. |
Civil Procedure |
|
B. Hoffstadt | Aug. 30, 2021 |
|
20-16214
|
Ayla LLC v. Alya Skin
Because overseas business's operations showed significant focus on United States and plaintiff's claims arose from those operations, business had minimum contacts with United States. |
Civil Procedure |
|
J. Rakoff | Aug. 30, 2021 |
|
C093268
|
Holman v. County of Butte
Because the discovery rule applies to actions based on liability by statute, plaintiff was not barred from pursuing his claim by the statute of limitations. |
Civil Procedure |
|
R. Robie | Aug. 27, 2021 |
|
B309423
|
LeBrun v. CBS Studios Inc.
California-based television producer's alleged fraudulent misrepresentations were made in Louisiana and his conduct in California in producing show was not independently wrongful; thus, case time-barred by Louisiana statute of limitations. |
Civil Procedure |
|
T. Willhite | Aug. 26, 2021 |
|
20-35205
|
BNSF Railway Company v. Columbia River Gorge Commission
Local county code is not exempt from preemption under Interstate Commerce Commission Termination Act. |
Civil Procedure |
|
J. Bybee | Aug. 25, 2021 |
|
19-55807
|
Allison v. Tinder
Settlements that occur before class certification are subject to high procedural standards. |
Civil Procedure |
|
J. Rakoff | Aug. 18, 2021 |
|
D078586
|
Meridian Financial Services, Inc. v. Phan
For purposes of issue preclusion, trial judge's decision remained final notwithstanding stipulated order partly vacating it. |
Civil Procedure |
|
T. Do | Aug. 12, 2021 |
|
19-56224
|
Moser v. Benefytt, Inc.
Defendant did not have 'available' personal jurisdiction defense to claims of unnamed putative class members who were not yet parties to case at motion to dismiss stage. |
Civil Procedure |
|
D. Bress | Aug. 11, 2021 |
|
S260209
|
Daly v. San Bernardino County Bd. of Supervisors
Court's order requiring local legislative body to remove and replace its member due to board's violation of open-meeting requirements was a mandatory injunction; thus, order should be stayed for pendency of appeal. |
Civil Procedure |
|
L. Kruger | Aug. 10, 2021 |
|
A153106
|
Harris v. Thomas Dee Engineering Co., Inc.
Expert's declaration showed triable issue as to asbestos exposure under re-entrainment theory, even if he neglected to mention that phenomenon during his deposition. |
Civil Procedure |
|
M. Simons | Aug. 5, 2021 |
|
H046878
|
Rivelli v. Hemm
Claim must arise out or or relate to forum-related activities to satisfy personal jurisdiction. |
Civil Procedure |
|
A. Danner | Aug. 4, 2021 |
|
C086890
|
Berg v. Pulte Home Corp.
After insurer's equitable subrogation entitlement was adjudicated in insurer's favor by trial court sitting in equity, defendant was entitled to jury trial on legal claims by insurer. |
Civil Procedure |
|
R. Robie | Aug. 3, 2021 |
|
E073073
|
Braganza v. Albertson's LLC
Party who seeks continuance must show why discovery necessary to oppose motion for summary judgment could not have been completed sooner. |
Civil Procedure |
|
R. Fields | Aug. 2, 2021 |
|
19-17143
|
Bailey v. MacFarland
Domestic relations exception to federal diversity jurisdiction applied because plaintiff was seeking modification to existing divorce decree. |
Civil Procedure |
|
W. Fletcher | Jul. 29, 2021 |
|
A162885
|
Cahill Construction Co., Inc. v. Superior Court (Richards)
Code of Civil Procedure Section 2025.295 caps deposition of terminally-ill mesothelioma plaintiff to 14 hours. |
Civil Procedure |
|
V. Rodriguez | Jul. 21, 2021 |
|
G059223
|
Struiksma v. Ocwen Loan Servicing, LLC
Wrongful foreclosure claims were not precluded by prior unlawful detainer action under Code of Civil Procedure Section 1161a. |
Civil Procedure |
|
E. Moore | Jul. 16, 2021 |
|
S256665
|
Shalabi v. City of Fontana
Plaintiff's 18th birthday should have been excluded pursuant to Code of Civil Procedure Section 12 in calculating when statute of limitations period started running after tolling during minority ended. |
Civil Procedure |
|
T. Cantil-Sakauye | Jul. 13, 2021 |
|
D076320
|
Starcevic v. Pentech Financial Services, Inc.
Partition action statutory scheme does not excuse appellant's non-compliance with Enforcement of Judgments Law. |
Civil Procedure |
|
T. Do | Jul. 8, 2021 |
|
A155807
|
Vera v. REL-BC, LLC
Code of Civil Procedure Section 338(d)'s three year statute of limitations apply when fraud is 'gravamen' of breach of contract cause of action. |
Civil Procedure |
|
T. Brown | Jul. 6, 2021 |
|
G058873
|
Modification: Sales v. City of Tustin
Trial court incorrectly found that 30-day safe harbor to refile state law claims afforded by 28 U.S.C. Section 1367(d) began to run from date of district court's judgment, rather than after appeal. |
Civil Procedure |
|
T. Goethals | Jun. 30, 2021 |
|
B294181
|
Swanson v. The Marley-Wylain Co.
Judgment was reversed and remanded for new trial because trial court improperly instructed jury on Michigan law and that error was prejudicial. |
Civil Procedure |
|
V. Chaney | Jun. 29, 2021 |
|
D078566
|
Mendoza v. Superior Court (People)
Resentencing hearing did not constitute 'new trial' for purposes of Code of Civil Procedure Section 170.6's 60-day deadline for peremptory challenge. |
Civil Procedure |
|
J. Haller | Jun. 25, 2021 |
