Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-16010
|
Henry v. Adventist Health Castle Medical Center
Employment relationship under Title VII required more than surgeon's high skill level, hospital's provision of assistants and medical equipment, and its mandatory professional standards. |
Civil Procedure |
|
J. Owens | Aug. 17, 2020 |
B298091
|
Abdulkadhim v. Wu
Under the sudden emergency doctrine, the only relevant emergency was the one defendant faced, without considering if defendant created a dangerous situation for anyone else. |
Civil Procedure |
|
V. Chaney | Aug. 13, 2020 |
18-16663
|
Amended Opinion: City of Oakland v. BP PLC
Fact-bound state law claims, such as for public nuisance, do not require interpretations of federal law for federal question jurisdiction. |
Civil Procedure |
|
S. Ikuta | Aug. 13, 2020 |
B300187
|
C.W. Johnson & Sons, Inc. v. Carpenter
Court may determine that there has been substantial compliance with licensure requirements if it is shown at evidentiary hearing that contractor acted reasonably and in good faith to maintain proper licensure. |
Civil Procedure |
|
A. Gilbert | Aug. 12, 2020 |
A157690
|
Archer v. Coinbase, Inc.
Plaintiff's breach of contract claim failed because plaintiff did not establish existence of an agreement with Coinbase to provide Bitcoin Gold to him. |
Civil Procedure |
|
S. Margulies | Aug. 12, 2020 |
B297567
|
Oh v. Teachers Insurance & Annuity Assn. of America
Landowner owed no duty to decedent because it had no knowledge of dangerousness of product, which was stored in drums that did not disclose it was hazardous. |
Civil Procedure |
|
E. Grimes | Aug. 10, 2020 |
18-16408
|
U.S. v. U.S. ex rel Thrower
Interests implicated by erroneous denial of government motion to dismiss False Claims Act case in which it has not intervened were insufficiently important to justify immediate appeal. |
Civil Procedure |
|
K. Wardlaw | Aug. 5, 2020 |
19-35839
|
Hanson v. Shubert
Defendants could not use their motion for reconsideration, filed nearly one year after underlying order, to resurrect their right to appeal district court's order denying them qualified immunity. |
Civil Procedure |
|
R. Seeborg | Aug. 5, 2020 |
19-15251
|
Tobler v. Sables LLC
Request for judicial relief under Nevada's Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender's conduct in foreclosure mediation process. |
Civil Procedure |
|
D. Collins | Aug. 5, 2020 |
18-56188
|
Davidson v. O'Reilly Auto Enterprises
District court did not abuse its discretion by requiring plaintiff to meet deadline for filing her motion for class certification while granting her additional month to develop evidence and submit supplemental brief. |
Civil Procedure |
|
S. Ikuta | Aug. 4, 2020 |
G057375
|
Steciw v. Petra Geosciences, Inc
Trial court's dismissal plaintiff's complaint for untimely service was reversed and remanded because court's order to stay proceedings likely affected service. |
Civil Procedure |
|
R. Ikola | Jul. 31, 2020 |
19-55499
|
Judd v. Weinstein
California Civil Code Section 51.9 encompasses relationships where one party is uniquely situated to exercise coercive power over other. |
Civil Procedure |
|
M. Murguia | Jul. 30, 2020 |
B296148
|
Reeder v. Specialized Loan Servicing LLC
Subsequent agreements to modify contracts subject to the statute of frauds are also subject to the statute of frauds. |
Civil Procedure |
|
E. Grimes | Jul. 30, 2020 |
G057157
|
Alston v. Dawe
If party's lack of culpability on disputed issue was decided on the merits, dismissal of subsequent case on collateral estoppel grounds qualifies as favorable termination for purposes of later malicious prosecution claim. |
Civil Procedure |
|
T. Goethals | Jul. 29, 2020 |
18-55957
|
Floyd v. American Honda Motor Co.
Plaintiffs did not need to allege supplemental jurisdiction for their state-law claims under CAFA since they had already alleged original jurisdiction over entire action. |
Civil Procedure |
|
D. Boggs | Jul. 29, 2020 |
B299277
|
Storm v. The Standard Fire Insurance Co.
Policy language that each party will pay expenses it incurs in arbitration and bear expenses of arbitrator equally, did not preclude recovery under Code of Civil Procedure Section 998. |
Civil Procedure |
|
T. Willhite | Jul. 28, 2020 |
19-10187
|
In re Grand Jury Investigation, USAO No. 2018R01761
Appellate courts may only entertain interlocutory appeals from orders enforcing grand jury subpoenas when they require production of materials that are claimed to be privileged or otherwise legally protected from disclosure. |
Civil Procedure |
|
W. Fletcher | Jul. 28, 2020 |
C089558
|
Moreno v. California State Teachers' Retirement System
CalSTRS's adjustments to plaintiff's retirement benefits and collection of overpayments were not barred by statute of limitations because CalSTRS did not have inquiry notice. |
Civil Procedure |
|
L. Mauro | Jul. 23, 2020 |
A152847
|
Modification: Estes v. Eaton Corp.
Trial courts must specifically explain grounds and particular reasons for granting new trial, in order to facilitate and effectuate appellate review. |
Civil Procedure |
|
T. Stewart | Jul. 22, 2020 |
18-16213
|
Jabbari v. Farmer
Courts may forego choice-of-law analysis in settlement-class predominance inquiry especially where class was unified by claim under federal law. |
Civil Procedure |
|
R. Gould | Jul. 21, 2020 |
A157921
|
Altizer v. Highsmith
Renewing judgment using judicial council forms does not constitute unauthorized practice of law. |
Civil Procedure |
|
J. Richman | Jul. 20, 2020 |
S248141
|
Weiss v. People ex rel. Dept. of Transportation
Special statutory procedures that govern public entity's exercise of power of eminent domain are inapplicable in inverse condemnation actions, which instead proceed by rules governing ordinary civil actions. |
Civil Procedure |
|
J. Groban | Jul. 17, 2020 |
18-70306
|
Sky-Med v. FAA
Because Federal Aviation Administration ultimately pursued penalties through single Complaint seeking more than $50,000, the only tribunal with jurisdiction to adjudicate Complaint was federal district court. |
Civil Procedure |
|
P. Curiam (9th Cir.) | Jul. 16, 2020 |
20-55281
|
Greene v. Harley-Davidson
Defendant satisfies CAFA's amount-in-controversy requirement if it is reasonably possible that it may be liable for proffered punitive damages amount. |
Civil Procedure |
|
G. Presnell | Jul. 15, 2020 |
C092070
|
Newsom v. Superior Court (Gallagher)
Successful ex partes require a party to make a substantive showing of personal knowledge of imminent harm requiring immediate action. |
Civil Procedure |
|
V. Raye | Jul. 14, 2020 |
18-17308
|
City & County of San Francisco v. Barr
District court abused its discretion in granting nationwide injunctive relief barring Department of Justice from using three new conditions as funding requirements for Edward Byrne Memorial Justice Assistance Grants. |
Civil Procedure |
|
R. Clifton | Jul. 14, 2020 |
18-16592
|
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 | Jul. 10, 2020 |
C088327
|
McAlpine v. Norman
An expert's bare conclusions, unsupported by reasons or explanations is insufficient to show one acted within the standard of care. |
Civil Procedure |
|
P. Krause | Jul. 9, 2020 |
17-16400
|
Demartini v. Demartini
Defendants' appeal seeking review of order remanding claim back to state court was dismissed because remands pursuant to 28 U.S.C. Section 1447(e) are not discretionary and therefore not reviewable. |
Civil Procedure |
|
D. O'Scannlain | Jul. 7, 2020 |
C084299
|
Bayramoglu v. Nationstar Mortgage LLC
Although plaintiffs' discovery responses may have been improper and warranted motion to compel further responses, they were not equivalent of factually devoid discovery responses. |
Civil Procedure |
|
C. Blease | Jul. 6, 2020 |