Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D075907
|
Jones v. Goodman
Defendant not entitled to attorney fees based on plaintiff's claims lacking legal merit, without further evidence that plaintiff subjectively acted in bad faith. |
Civil Procedure |
|
P. Guerrero | Nov. 19, 2020 |
19-56228
|
Castillo v. Bank of America
Plaintiff was properly denied class certification in wage and hour action against defendant, because large portion of proposed class was never underpaid. |
Civil Procedure |
|
R. Gould | Nov. 19, 2020 |
A157152
|
People v. Bankers Insurance Company
Trial court implicitly found sufficient excuse for defendant's absence at two prior occasions when defendant failed to appear at pretrial hearings, so it properly forfeited bond when defendant failed to appear for trial. |
Civil Procedure |
|
S. Pollak | Nov. 18, 2020 |
19-55422
|
KST Data v. Enterprise Services
Defendant was not required to file new answer to amended complaint reasserting its affirmative defenses when amended complaint contained same material allegations as complaint. |
Civil Procedure |
|
E. Melgren | Nov. 18, 2020 |
20-16767
|
Harris v. KM Industrial, Inc.
Defendant failed to establish the amount-in-controversy by relying on unreasonable assumptions. |
Civil Procedure |
|
R. Eaton | Nov. 17, 2020 |
16-56666
|
Chambers v. Whirlpool Corp.
Under Class Action Fairness Act, court should use percentage-of-value, not lodestar, methodology for the portion of the settlement involving coupons. |
Civil Procedure |
|
K. Lee | Nov. 11, 2020 |
G057176
|
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process. |
Civil Procedure |
|
Nov. 5, 2020 | |
A158851
|
McCluskey v. Henry
Trial court did not abuse its discretion in sanctioning plaintiff's counsel under Code of Civil Procedure Section 128.7 because counsel's motion to lift the stay was indisputably without merit. |
Civil Procedure |
|
I. Petrou | Nov. 4, 2020 |
H045757
|
Pinto Lake MHP LLC v. County of Santa Cruz
Trial court properly concluded that residents of mobile home park were necessary parties to owner's lawsuit seeking rent increase but remand was necessary to determine whether lawsuit should proceed in residents' absence. |
Civil Procedure |
|
A. Grover | Nov. 3, 2020 |
B300824
|
Levine v. Berschneider
Sanctions were proper against attorney who told court that he received no word from opposing counsel at hearing to enforce settlement agreement even though settlement was paid in full. |
Civil Procedure |
|
K. Yegan | Nov. 2, 2020 |
G057766
|
Luxury Asset Lending v. Philadelphia Television Network
Trial court erred in denying defendant's motion to vacate and set aside default judgment as untimely because defendant had limited resources and was facing litigation on three fronts. |
Civil Procedure |
|
W. Bedsworth | Nov. 2, 2020 |
G057176
|
Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process. |
Civil Procedure |
|
R. Fybel | Oct. 30, 2020 |
C085749
|
Auburn Woods I Homeowners Assn. v. State Farm General Insurance Co.
Pretrial offer to compromise was effective to trigger cost shifting under Code of Civil Procedure Section 998. |
Civil Procedure |
|
L. Mauro | Oct. 30, 2020 |
19-55251
|
Amended Opinion: Nutrition Distribution v. IronMag Labs
Appeal was untimely as to district court's judgment because motion for attorneys' fees did not extend time to appeal, and district court did not enter order extending time pursuant to Rule 58. |
Civil Procedure |
|
D. Bress | Oct. 30, 2020 |
A155063
|
Modification: Gruber v. Yelp Inc.
Penal Code Sections 632 and 637.2 are primarily intended to protect the privacy of the communications of California residents, and therefore, apply to all recordings of such communications--whether one-sided or two-sided. |
Civil Procedure |
|
T. Jackson | Oct. 27, 2020 |
B300072
|
Lowry v. Port San Luis Harbor Dist.
Because plaintiff filed his complaint on the same day he applied to submit a late claim without waiting for public entity's response, Government Claims Act was not satisfied. |
Civil Procedure |
|
M. Tangeman | Oct. 23, 2020 |
G058522
|
Kramer v. Traditional Escrow
Lower court erred in granting equitable relief from default judgment to defendants because defendants were unaware of the amended complaint due to their own negligence. |
Civil Procedure |
|
E. Moore | Oct. 22, 2020 |
A159623
|
Paul Blanco's Good Car Co. Auto Group v. Superior Court (People)
If the admission of the truth of the complaint might subject a corporation to criminal prosecution, the corporation does not have to verify its answer. |
Civil Procedure |
|
H. Needham | Oct. 22, 2020 |
A152462
|
Modification: Skaff v. Rio Nido Roadhouse
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit. |
Civil Procedure |
|
G. Sanchez | Oct. 21, 2020 |
19-55036
|
Sensory Neurostimulation v. Azar
District court correctly held Medicare's administrative channeling requirement applied to eliminate subject matter jurisdiction to hear plaintiff's claims. |
Civil Procedure |
|
M. Baylson | Oct. 19, 2020 |
19-55862
|
Inteliclear v. ETC Global Holdings
Genuine issue of material fact existed as to whether plaintiff identified its trade secrets with sufficient particularity. |
Civil Procedure |
|
R. Gould | Oct. 16, 2020 |
A155063
|
Gruber v. Yelp Inc.
Penal Code Sections 632 and 637.2 are primarily intended to protect the privacy of the communications of California residents, and therefore, apply to all recordings of such communications--whether one-sided or two-sided. |
Civil Procedure |
|
T. Jackson | Oct. 9, 2020 |
A152462
|
Skaff v. Rio Nido Roadhouse
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit. |
Civil Procedure |
|
G. Sanchez | Oct. 7, 2020 |
E072523
|
Reales Investment, LLC v. Johnson
Trial court did not abuse its discretion in denying motion for continuance made on the first day of trial. |
Civil Procedure |
|
C. Codrington | Oct. 7, 2020 |
H044395
|
Hooked Media Group, Inc. v. Apple Inc.
Broken promises regarding future conduct may be actionable as promissory fraud, but only if promisor did not actually intend to perform at the time the promise was made. |
Civil Procedure |
|
A. Grover | Oct. 5, 2020 |
B292458
|
Simgel Co., Inc. v. Jaguar Land Rover North America, LLC
A trial court has the authority to correct a mistaken verdict under Code of Civil Procedure Section 663. |
Civil Procedure |
|
E. Grimes | Oct. 5, 2020 |
B299067
|
Alborzi v. University of Southern California
Trial court erred by impliedly finding that hospital's decision to dissolve panel of physicians was quasi-legislative because it ignored plaintiff's factual allegations. |
Civil Procedure |
|
A. Collins | Oct. 1, 2020 |
A157097
|
Doe v. Google, Inc.
Because plaintiffs' claims addressed conduct affecting individual employees, as distinct from NLRA's focus on concerted activity, and because this state-court action posed no threat to NLRA's jurisdiction, local interest exception to preemption applied. |
Civil Procedure |
|
A. Tucher | Sep. 24, 2020 |
B297037
|
Heshejin v. Rostami
Plaintiffs' derivative claims were barred by compulsory cross-complaint rule because they existed in related cause of action. |
Civil Procedure |
|
G. Feuer | Sep. 24, 2020 |
C089159
|
Koussaya v. City of Stockton
Summary judgment in favor defendants was proper because there was no triable issue of fact regarding whether officers unreasonably fired at robber during a high-speed chase. |
Civil Procedure |
|
A. Hoch | Sep. 23, 2020 |