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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Grande v. Eisenhower Medical Center
Preclusion under res judicata is only appropriate if defendants in the original suit are in privity with defendants in the subsequent suit. 		Civil Procedure 4DCA/2 Feb. 10, 2020
Vargas v. Howell
A significant reduction in attorney's fees requires a thorough explanation; thus, trial court did not adequately justify the dramatic cut that it imposed. 		Civil Procedure 9th Feb. 6, 2020
S.F. Print Media Co. v. The Hearst Corp.
Experts testifying in court may not opine on an issue by using another expert's unrelated methodology without providing further foundation for the conclusion. 		Civil Procedure 1DCA/3 Feb. 4, 2020
Pacific Pioneer Ins. Co. v. Superior Court
Insurers may appeal default judgments in small claims court entered against their clients who failed to appear in court under Code of Civil Procedure Section 116.710. 		Civil Procedure 4DCA/3 Feb. 3, 2020
K.J. v. Los Angeles Unified School District
In notices of appeal, an omitted attorney must be included when it is reasonably clear that the attorney intended to join in the appeal, and respondent was not prejudiced by omission. 		Civil Procedure CASC Jan. 31, 2020
Fenimore v. The Regents of the University of California
Lower court relied on incorrect dates when it denied plaintiff's motion to amend since complaint was filed within the statue-governed two year limitation. 		Civil Procedure 2DCA/8 Jan. 29, 2020
Hensel Phelps Construction Co. v. Superior Court
Parties to construction contract may not contractually determine when statute of limitations begins to run under Civil Code Section 941 because statute's date of 'substantial completion' is an objective fact. 		Civil Procedure 4DCA/1 Jan. 24, 2020
Heimrich v. U.S. Dept. of the Army
Under 5 U.S.C. Section 7121, an employee may raise a 'matter' involving discrimination either through a statutory procedure or CBA procedure, but not both. 		Civil Procedure 9th Jan. 17, 2020
In Re: Williams-Sonoma Inc.
Seeking discovery of name of class member is not relevant within meaning of Federal Rule of Civil Procedure 26(b)(1); thus, district court clearly erred when it ordered the discovery in question. 		Civil Procedure 9th Jan. 14, 2020
Blizzard Energy, Inc. v. Schaefers
Kansas Court of Appeals decision affirming jury's verdict against appellant moots his appeal based on res judicata principles. 		Civil Procedure 2DCA/6 Jan. 14, 2020
Shayan v. Spine Care and Orthopedic Physicians
Where case tried on merits absent defendants may not avail themselves of statute that grants relief to clients of attorneys whose mistakes cause default judgments. 		Civil Procedure 2DCA/8 Jan. 10, 2020
Warwick California Corp. v. Applied Underwriters
A Statement of Decision issued by the superior court is generally not a final judgment and thus not appealable; the losing party must wait until final judgment to appeal. 		Civil Procedure 1DCA/4 Jan. 9, 2020
Dalessandro v. Mitchell
There is no requirement that a party meet and confer with an opposing party to alert the party to defects in discovery requests. 		Civil Procedure 2DCA/8 Jan. 7, 2020
U.S. ex rel. Volkhoff v. Janssen Pharmaceutica
Courts will grant nonparty appeals only if the nonparty participates in district court proceedings and the equities of the case favor hearing an appeal. 		Civil Procedure 9th Jan. 6, 2020
Halyard Health, Inc. v. Kimberly-Clark Corporation
A claim must relate to the defendant's contact with the forum in order for a California court to exercise specific personal jurisdiction; mere sales volume is not enough. 		Civil Procedure California Courts of Appeal Jan. 6, 2020
U.S. v. Mayea-Pulido
Statute barring derivative citizenship from child under 18 unless both parents naturalize does not violate Equal Protection Clause. 		Civil Procedure 9th Jan. 6, 2020
Safechuck v. MJJ Productions, Inc.
Plaintiffs may proceed with formerly lapsed sexual assault case against perpetrator's corporations because Penal Code Section 340 revived in 2020, extending victim's time to sue. 		Civil Procedure 2DCA/8 Jan. 6, 2020
Becerra v. Dr Pepper/Seven Up
Dr. Pepper not in violation of Consumer Fraud by labeling sodas 'diet' because reasonable consumers understand 'diet' soda does not promise weight loss or health benefits. 		Civil Procedure 9th Dec. 31, 2019
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
Court's findings in connection with plaintiffs' equitable claim for unfair competition resolved plaintiffs' legal claims because the alleged violations of the legal claims were subsumed within the UCL claim. 		Civil Procedure 1DCA/4 Dec. 30, 2019
V.V.V. & Sons Edible Oils v. Meenakshi Overseas
The Trademark Trial and Appeal Board's jurisdiction is limited to registering trademarks; subsequent infringement claims are not barred by claim preclusion even if previously litigated before the TTAB. 		Civil Procedure 9th Dec. 30, 2019
Cacho v. Eurostar, Inc.
Class certification denied for shoe store employees who alleged wage and labor violations because evidence did not show the claims were typical to the class. 		Civil Procedure 2DCA/7 Dec. 27, 2019
Gordon v. ARC Manufacturing, Inc.
Primary assumption of risk doctrine not available to defendant because no relationship existed between defendant and professional roofer who fell during inspection. 		Civil Procedure 4DCA/1 Dec. 23, 2019
Smith v. LoanMe, Inc.
Privacy Act not violated when a phone conversation was recorded by loan business with non-consenting caller because statute only prohibits eavesdroppers from recording calls. 		Civil Procedure 4DCA/2 Dec. 23, 2019
PG&E "San Bruno Fire" Cases
A settlement agreement's single sentence waiver is sufficient to quash a subsequent appeal of an attorney fee allocation; challengers must object to the allocation before final approval. 		Civil Procedure 1DCA/3 Dec. 20, 2019
Doe v. Dept. of Corrections and Rehabilitation
Employer not in violation of FEHA by failing to provide accommodations because employee failed to disclose known disability and limitations. 		Civil Procedure 4DCA/2 Dec. 20, 2019
Visalia Unified School Dist. v. Superior Court (Tulare)
Education Code 44114 protects reporting employees from retaliation but Government Code 818 still prohibits punitive damage suit against public school district. 		Civil Procedure 5DCA Dec. 19, 2019
Loeb v. County of San Diego
'Trail immunity' properly granted to County because injury occurred at County park being used for at least some recreational activity. 		Civil Procedure 4DCA/1 Dec. 18, 2019
Modification: Ashmus v. Superior Court (San Mateo)
Trial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates. 		Civil Procedure 1DCA/2 Dec. 17, 2019
Luke v. Sonoma County
The requirement that local governments obtain an actuarial statement before increasing pension payments is a one-time obligation; subsequent pension payments are not continuing violations that can overcome the three-year statute-of-limitations. 		Civil Procedure 1DCA/5 Dec. 16, 2019
Modification: ENA North Beach, Inc. v. 524 Union Street
Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation. 		Civil Procedure 1DCA/2 Dec. 16, 2019
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