Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-15899
|
McShannock v. JP Morgan Chase Bank
The Home Owners' Loan Act of 1933 and its implementing regulations preempted California's law requiring at least 2 percent interest payments on escrow accounts. |
Civil Procedure |
|
R. Nelson | Sep. 23, 2020 |
B305626
|
People v. Superior Court (Reagan)
District Attorney filed its Civil Procedure Section 170.6 motion more than ten days after notice of the assignment; thus, the peremptory challenge was untimely. |
Civil Procedure |
|
L. Baker | Sep. 21, 2020 |
C087824
|
Parkford Owners for a Better Community v. County of Placer
Completion of challenged expansion rendered moot plaintiff's challenge to County's issuance of building permit authorizing construction of expansion. |
Civil Procedure |
|
A. Hoch | Sep. 17, 2020 |
G058036
|
Nealy v. County of Orange
Trial court properly sustained the demurrer on the grounds that County was immune from liability under Government Code Section 831.4. |
Civil Procedure |
|
D. Thompson | Sep. 16, 2020 |
B294814
|
Brue v. Shabaab
Trial court lacked personal jurisdiction over defendant because plaintiffs did not allege contacts between defendant and California sufficient to warrant the exercise of general or specific personal jurisdiction. |
Civil Procedure |
|
D. Perluss | Sep. 16, 2020 |
19-16361
|
In re Volkswagen Clean Diesel Litigation
District court had authority to, and did, approve an amendment to parties' settlement agreement; thus, the amendment excluding claimants from the settlement agreement was enforceable. |
Civil Procedure |
|
P. Bumatay | Sep. 11, 2020 |
D076214
|
Aljabban v. Fontana Indoor Swap Meet, Inc.
Commercial landlords may not use a security deposit for repairs after a tenant vacates, unless specifically stated in the lease. |
Civil Procedure |
|
J. Irion | Sep. 11, 2020 |
B304957
|
Modification: Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion. |
Civil Procedure |
|
Sep. 11, 2020 | |
B295648
|
Modification: Buskirk v. Buskirk
Trial court erred by dismissing family dispute over trust for want of personal jurisdiction because trust had ample connections to California. |
Civil Procedure |
|
J. Wiley | Sep. 10, 2020 |
C088240
|
Amended Opinion: Marshall v. Webster
Plaintiffs' notice of appeal from anti-SLAPP order was untimely; thus, court lacked jurisdiction to consider the appeal. |
Civil Procedure |
|
P. Krause | Sep. 9, 2020 |
A160568
|
Rowan v. Kirkpatrick
Defendant's appeal was untimely and her motion for reconsideration was not a valid motion that extended the time to appeal. |
Civil Procedure |
|
C. Fujisaki | Sep. 9, 2020 |
20-55709
|
Salter v. Quality Carriers
Defendant seeking removal under Class Action Fairness Act is not required to present evidence in support of its jurisdictional allegations when plaintiff asserts facial challenge to notice of removal. |
Civil Procedure |
|
C. Callahan | Sep. 9, 2020 |
C088240
|
Marshall v. Webster
Plaintiffs' notice of appeal from anti-SLAPP order was untimely; thus, court lacked jurisdiction to consider the appeal. |
Civil Procedure |
|
P. Krause | Aug. 31, 2020 |
B297247
|
Eisenberg Village v. Suffolk Construction Co., Inc.
One-year statute of limitation under California Code of Civil Procedure Section 340(a) applies to disgorgement claims brought under Business and Professions Code Section 7031(b). |
Civil Procedure |
|
T. Willhite | Aug. 28, 2020 |
E072909
|
Thurston v. Fairfield Collectibles of Georgia, LLC
Under California case law, substantial sales of goods or services to California residents via one's own website constitutes purposeful availment. |
Civil Procedure |
|
M. Ramirez | Aug. 28, 2020 |
B304957
|
Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion. |
Civil Procedure |
|
G. Feuer | Aug. 27, 2020 |
B288005
|
Starks v. Vortex Industries
Trial court did not abuse its discretion when it determined that motion to intervene in nearly identical action after entry of judgment was untimely. |
Civil Procedure |
|
F. Rothschild | Aug. 27, 2020 |
18-16026
|
Global Commodities Trading Group v. Beneficio De Arroz Choloma
Plaintiff made a prima facie showing that defendant reached out beyond Honduras to create continuing relationships and obligations with citizens of California. |
Civil Procedure |
|
W. Fletcher | Aug. 27, 2020 |
19-55251
|
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 | Aug. 26, 2020 |
17-16984
|
Guenther v. Lockheed Martin
Plaintiff's claim of breach of fiduciary duty in violation of Employee Retirement Income Security Act was time-barred under 29 U.S.C. Section 1113(2). |
Civil Procedure |
|
R. Nelson | Aug. 26, 2020 |
18-56657
|
U.S. v. Obaid
District court correctly denied appellant's motion to dismiss for lack of personal jurisdiction because forfeiture of property was the subject of the action. |
Civil Procedure |
|
J. Rawlinson | Aug. 25, 2020 |
18-15860
|
Namisnak v. Uber Technologies
When plaintiffs who are disabled have actual knowledge of illegal barriers at public accommodation to which they desire access, they need not engage in 'futile gesture' of attempting to gain access. |
Civil Procedure |
|
R. Nelson | Aug. 25, 2020 |
18-16592
|
Amended Opinion: Canela v. Costco
Private Attorney General Act claim is fundamentally different from class action and thus cannot be the basis for Class Action Fairness Act claim. |
Civil Procedure |
|
J. Wallace | Aug. 24, 2020 |
E070995
|
Hanna v. Little League Baseball
Trial court did not have authority to rule on defendant's discovery motions imposing sanctions against plaintiff once defendant filed its motion requiring plaintiff to furnish security. |
Civil Procedure |
|
F. Menetrez | Aug. 21, 2020 |
B295648
|
Buskirk v. Buskirk
Trial court erred by dismissing family dispute over trust for want of personal jurisdiction because trust had ample connections to California. |
Civil Procedure |
|
J. Wiley | Aug. 19, 2020 |
C086043
|
Felisilda v. FCA US LLC
Because plaintiffs expressly agreed to arbitrate claims arising out of condition of vehicle, they were estopped from refusing to arbitrate their claim against nonsignatory manufacturer. |
Civil Procedure |
|
A. Hoch | Aug. 19, 2020 |
A156573
|
In re Internet Lending Cases
Court appropriately assessed whether defendant was entitled to tribal sovereign immunity based on circumstances at the time of its motion to dismiss hearing, rather than at the time of the filing of complaint. |
Civil Procedure |
|
T. Jackson | Aug. 19, 2020 |
A157400
|
T.A.W. Performance v. Brembo, S.P.A.
Trial court properly granted defendant's motion to quash service of summons for lack of personal jurisdiction. |
Civil Procedure |
|
I. Petrou | Aug. 19, 2020 |
18-15051
|
AMA Multimedia v. Wanat
District court correctly found it lacked specific jurisdiction over foreign citizen defendant because plaintiff had not shown that defendant purposefully directed his suit-related conduct at U.S. |
Civil Procedure |
|
R. Nelson | Aug. 18, 2020 |
C087465
|
Arnold v. Dignity Health
Fair Employment and Housing Act discrimination claims cannot survive summary judgment without evidence disputing creditable showing of innocent motive. |
Civil Procedure |
|
Aug. 17, 2020 |