Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B290929
|
Kon v. City of Los Angeles
Plaintiff's conviction of disturbing the peace did not bar his suit for excessive force, because there was no inconsistency between the two cases. |
Civil Procedure |
|
J. Wiley | Jun. 3, 2020 |
B290675
|
Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue. |
Civil Procedure |
|
T. Bigelow | Jun. 1, 2020 |
A156925
|
Eloquence Corp. v. Home Consignment Center
Claims based on breaching divisible contracts must be brought within the applicable limitations period after that particular performance was due. |
Civil Procedure |
|
C. Fujisaki | Jun. 1, 2020 |
18-15499
|
County of San Mateo v. Chevron Corp.
Defendants could not invoke federal-officer removal statute because they failed to show they were acting 'under color of federal office.' |
Civil Procedure |
|
S. Ikuta | May 27, 2020 |
18-16663
|
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 | May 27, 2020 |
H044587
|
Modification: Pott v. Lazarin
Civil Code Section 3344.1 prohibits only commercial speech and does not extend to solicitation of funds for advocacy. |
Civil Procedure |
|
N. Mihara | May 22, 2020 |
D075723
|
Carlsbad Police Officers Assn. v. City of Carlsbad
Trial court abused its discretion in conditioning intervention on interveners striking their request for attorney's fees because they intervened as of right. |
Civil Procedure |
|
W. Dato | May 20, 2020 |
A156095
|
Six4Three, LLC v. Facebook, Inc.
No statutory provision, or 'sealing rules' authorizes appeal from order striking documents; thus, portion of court's order striking documents was not appealable. |
Civil Procedure |
|
S. Pollak | May 20, 2020 |
18-1086
|
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.
Claim preclusion generally does not bar claims predicated on events that postdate the filing of the initial complaint. |
Civil Procedure |
|
S. Sotomayor | May 15, 2020 |
20-15444
|
Adams v. West Marine Products
District court reasonably inferred from facts in evidence that it was more likely than not that more than one-third of class members were California citizens. |
Civil Procedure |
|
R. Paez | May 14, 2020 |
18-16584
|
Perez v. Mortgage Electronic Registration Systems Inc.
California law does not permit preemptive actions to challenge foreclosing party's authority to foreclose on borrower's property before any nonjudicial foreclosure has taken place. |
Civil Procedure |
|
R. Gould | May 12, 2020 |
A157785
|
Galeotti v. International Union of Operating Engineers
Plaintiff properly alleged that termination was in violation of public policy because threat of losing his job if he failed to pay defendants was extortion. |
Civil Procedure |
|
H. Needham | May 8, 2020 |
A153661
|
Nelson v. Tucker Ellis, LLP
Plaintiff's legal theories were soundly rejected by this court's decision, which is law of the case, and regardless, litigation privilege served as complete bar to his claims. |
Civil Procedure |
|
M. Slough | May 7, 2020 |
A158689
|
Hiona v. Superior Court (2154 Taylor LLC)
Under Code of Civil Procedure Section 403.040(e), the superior court was not required to reclassify claims as limited under the circumstances. |
Civil Procedure |
|
B. Jones | May 7, 2020 |
B300439
|
Lopez v. Escamilla
Judgments may be amended to add alter ego defendants either by a subsequent complaint or motion in the original action. |
Civil Procedure |
|
A. Gilbert | May 6, 2020 |
B292411
|
Modification: People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order. |
Civil Procedure |
|
B. Hoffstadt | May 4, 2020 |
A152074
|
Huang v. Wells Fargo Bank, N.A.
Notice of trustee's sale posted on plaintiff's property did not disturb their possession sufficiently to start the running of the statute of limitation to bar quiet title action. |
Civil Procedure |
|
P. Siggins | May 1, 2020 |
S250047
|
Nationwide Biweekly Administration, Inc. v. Superior Court (People)
Causes of actions under the Unfair Competition Law and False Advertising Law seeking injunctive relief and civil penalties have no right to a jury trial because 'the gist of the actions' are equitable. |
Civil Procedure |
|
T. Cantil-Sakauye | May 1, 2020 |
B293987
|
Mikhaeilpoor v. BMW of North America, LLC
Trial court did not abuse its discretion in applying the lodestar method because its findings were supported by substantial evidence. |
Civil Procedure |
|
E. White | Apr. 28, 2020 |
18-15402
|
LN Management v. JPMorgan Chase Bank
Dead person was not proper person to be sued because the dead lack capacities that litigants must have to allow for a true Article III case or controversy. |
Civil Procedure |
|
D. Boggs | Apr. 27, 2020 |
A154062
|
Cardinal Care Management, LLC v. Afable
Trial court properly denied appellants' waiver of undertaking requirement because there were no witnesses to conduct in-camera showing of appellants' financial position. |
Civil Procedure |
|
A. Tucher | Apr. 22, 2020 |
A156640
|
Modification: Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them. |
Civil Procedure |
|
I. Petrou | Apr. 16, 2020 |
F077889
|
Nuno v. California State University, Bakersfield
Trial court failed to provide clear and understandable instructions to self-represented plaintiff that setting another case management conference did not extend deadline for filing amended complaint. |
Civil Procedure |
|
D. Franson | Apr. 15, 2020 |
A156640
|
Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them. |
Civil Procedure |
|
I. Petrou | Apr. 15, 2020 |
B292411
|
People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order. |
Civil Procedure |
|
B. Hoffstadt | Apr. 10, 2020 |
18-55834
|
Stirling v. Minasian
JAG attorney was entitled to remove case to federal court as a 'person acting under' an officer of the United States. |
Civil Procedure |
|
M. Schroeder | Apr. 9, 2020 |
17-17037
|
Galaza v. Wolf
Because plaintiff voluntarily dismissed remaining claims without district court participation, decision was not final for purposes of conferring jurisdiction under 28 U.S.C. Section 1291. |
Civil Procedure |
|
J. Choe | Apr. 9, 2020 |
B295708
|
Tarin v. Lind
California law does not recognize abduction or enticement of parent away from child resulting in alienation of affection. |
Civil Procedure |
|
H. Bendix | Apr. 7, 2020 |
S249923
|
Rockefeller Technology v. Changzhou SinoType Technology
Hague Service Convention did not apply because parties' agreement constituted waiver of formal service of process under California law. |
Civil Procedure |
|
C. Corrigan | Apr. 3, 2020 |
H044587
|
Pott v. Lazarin
Civil Code Section 3344.1 prohibits only commercial speech and does not extend to solicitation of funds for advocacy. |
Civil Procedure |
|
N. Mihara | Apr. 2, 2020 |