Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-56514
|
Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods
District court abused its discretion by not resolving factual disputes necessary to decide predominance requirement before certifying classes. |
Civil Procedure |
|
P. Bumatay | Apr. 7, 2021 |
20-15009
|
Rustico v. Intuitive Surgical
Diversity product liability action was barred by California's two-year statute of limitations. |
Civil Procedure |
|
C. Bea | Apr. 7, 2021 |
20-72805
|
In re Becker
Employee Retirement Income Security Act does not bar forum selection clauses even though 'ready access to the Federal courts' is among its goals. |
Civil Procedure |
|
E. Siler | Apr. 2, 2021 |
20-35931
|
Maine Community Health Options v. Albertsons Companies Inc.
Amount in controversy in Federal Arbitration Act Section 7 enforcement action can be measured by either benefit to plaintiff or detriment to defendant that would result from enforcement of subpoena. |
Civil Procedure |
|
A. Hurwitz | Apr. 1, 2021 |
A159145
|
Yue v. Yang
Specific jurisdiction was established where defendant intentionally sent California-focused social media messages directly to California resident for alleged purpose of causing reputational injury there. |
Civil Procedure |
|
B. Seligman | Mar. 31, 2021 |
A158152
|
Manhan v. Gallagher
When postdismissal or postjudgment motion involves collateral statutory rights, court may retain jurisdiction to determine and enforce those rights. |
Civil Procedure |
|
C. Fujisaki | Mar. 30, 2021 |
19-368
|
Ford Motor Co. v. Montana Eighth Judicial Dist.
Because defendant advertises and markets its vehicles in forum states, connection between plaintiff's claims and defendant's activities was sufficient to support specific jurisdiction. |
Civil Procedure |
|
E. Kagan | Mar. 26, 2021 |
20-55589
|
Academy of Country Music v. Continental Casualty Company
District court's transmittal of remand order did not deprive federal courts of jurisdiction and review was not barred by 28 U.S.C. Section 1447(d). |
Civil Procedure |
|
C. Callahan | Mar. 23, 2021 |
A156669
|
San Francisco CDC LLC v. Webcor Construction L.P.
One-year statute of limitations applies to disgorgement claims brought under Business and Professions Section 7031(b) because disgorgement is a statutory penalty. |
Civil Procedure |
|
G. Sanchez | Mar. 23, 2021 |
F078387
|
Foster v. Sexton
Prisoner grievance procedure is 'unavailable' for purposes of California law when prison administrators thwart inmates from taking advantage of grievance process through machination, misrepresentation, or intimidation. |
Civil Procedure |
|
D. Franson | Mar. 18, 2021 |
D077134
|
Wilson v. The La Jolla Group
Trial court abused its discretion by determining that common questions did not predominate on plaintiffs' wage statement claim. |
Civil Procedure |
|
P. Guerrero | Mar. 16, 2021 |
F078658
|
Bichai v. Dignity Health
Although medical staff recommended denying plaintiff's reapplication for hospital privileges, medical staff and hospital are separate legal entities and therefore, hospital had not taken any adverse action against plaintiff. |
Civil Procedure |
|
D. Franson | Mar. 16, 2021 |
C066930
|
Gilman v. Dalby
Under Code of Civil Procedure Section 708.410, judgment creditors' lien attached to money ordered returned to judgment debtor in his lawsuit against a different party. |
Civil Procedure |
|
C. Blease | Mar. 16, 2021 |
E074010
|
Coachella Valley Water Dist. v. Superior Courts (Roberts)
Code of Civil Procedure Sections 860 et seq. validation statutes applied to local water district's annual property tax. |
Civil Procedure |
|
M. Slough | Mar. 11, 2021 |
B302344
|
Mostafavi Law Group, APC v. Larry Rabineau, APC
Written offer made under Code of Civil Procedure Section 998 without an acceptance provision and subsequent related judgment held invalid. |
Civil Procedure |
|
B. Currey | Mar. 8, 2021 |
G058903
|
Varney Entertainment Grp. v. Avon Plastics
No abuse of discretion in declining to award defendant attorney fees and costs because although plaintiff dismissed his claim, litigation of that claim was ongoing in different jurisdiction. |
Civil Procedure |
|
T. Goethals | Feb. 25, 2021 |
20-15145
|
U.S. v. State Water Resources Control Board
Partial stays pursuant to 'Colorado River' are permissible only in very limited circumstances, namely when there is strong evidence of forum shopping. |
Civil Procedure |
|
M. Smith | Feb. 25, 2021 |
A160523
|
Crestwood Behavioral Health, Inc. v. Superior Court (Fragoza)
In action under Private Attorneys General Act, venue was proper in county where company allegedly committed Labor Code violations against some of its employees. |
Civil Procedure |
|
G. Burns | Feb. 19, 2021 |
19-55923
|
Metal Jeans v. Metal Sport
Appropriate standard of review of district court's determination to grant summary judgment on affirmative defense of unclean hands is abuse of discretion. |
Civil Procedure |
|
L. VanDyke | Feb. 17, 2021 |
H046458
|
Organizacion Comunidad de Alviso v. City of San Jose
Relation back doctrine was inapplicable where plaintiff received constructive notice of defendant's identity months prior to statute of limitations passing. |
Civil Procedure |
|
A. Grover | Feb. 11, 2021 |
A159195
|
Guo v. Moorpark Recovery Service, LLC
Judgment was unambiguous that judgment creditor's predecessors-in-interest were entitled to attorney fees and thus, defendants were 'awarded' such fees under Code of Civil Procedure Section 685.040. |
Civil Procedure |
|
H. Needham | Feb. 10, 2021 |
B303208
|
Doe v. Westmont College
Trial court's denial of attorney fees vacated because it applied wrong standard when deciding necessity and financial burden of private enforcement prong of Code of Civil Procedure Section 1021.5. |
Civil Procedure |
|
M. Tangeman | Feb. 10, 2021 |
B305910
|
Medipro Medical Staffing v. Certified Nursing Registry
Trial court abused its discretion by appointing receiver because debtor did not interfere with creditor's collection efforts, its business simply diminished. |
Civil Procedure |
|
B. Hoffstadt | Feb. 8, 2021 |
B296425
|
Assn. for Los Angeles Deputy Sheriffs v. County of Los Angeles
Trial court properly dismissed plaintiff's petition because while plaintiff's administrative remedies were inadequate, plaintiff could not allege sufficient facts to state cause of action for violation of Labor Code Section 221. |
Civil Procedure |
|
E. Grimes | Feb. 2, 2021 |
A158214
|
Murphy v. Twitter, Inc.
Trial court properly sustained Twitter's demurrer without leave to amend because plaintiff's lawsuit was barred by Communications Decency Act of 1996, 47 U.S.C. Section 230. |
Civil Procedure |
|
S. Margulies | Jan. 27, 2021 |
B296011
|
Searles v. Archangel
Trial court properly concluded it was obligated to follow Code of Civil Procedure Section 527.6's express requirement for personal service. |
Civil Procedure |
|
D. Perluss | Jan. 26, 2021 |
19-56497
|
Whitaker v. Tesla Motors
Plaintiff's allegations were not sufficient to satisfy standards articulated by 'Iqbal' and 'Twombly,' which, taken together, require well-pleaded facts, not legal conclusions, that plausibly give rise to entitlement to relief. |
Civil Procedure |
|
M. Christen | Jan. 26, 2021 |
D076130
|
Modification: Mireskandari v. Gallagher
Plaintiff failed to demonstrate that application of United Kingdom's litigation privilege in his California litigation of California state law claims would further UK's interests. |
Civil Procedure |
|
J. Irion | Jan. 25, 2021 |
B299142
|
Plascencia v. Deese
It is error for a trial court not to allow the jury to assess the comparative fault of defendants who settled before trial. |
Civil Procedure |
|
K. Yegan | Jan. 21, 2021 |
D077440
|
Board of Registered Nursing v. Superior Court (Johnson & Johnson)
Trial court erred in granting defendants' motion to compel production of documents against nonparty state agencies because defendants' motions were untimely. |
Civil Procedure |
|
P. Guerrero | Jan. 20, 2021 |