Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A152431
|
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 |
|
J. Kline | Dec. 13, 2019 |
17-17079
|
Murphy v. SFBSC Management
District court erroneously applied presumption of fairness to settlement agreement and failed to investigate or adequately address numerous issues apparent in the settlement. |
Civil Procedure |
|
A. Tashima | Dec. 12, 2019 |
18-328
|
Rotkiske v. Klemm
Fair Debt Collection Practices Act statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. |
Civil Procedure |
|
C. Thomas | Dec. 11, 2019 |
H042712
|
City of Santa Maria v. Adam
Appellants' appeal of motion to clarify was not ripe because the issue would require speculation regarding hypothetical scenarios and appellants failed to show they faced hardship absent an immediate decision. |
Civil Procedure |
|
E. Premo | Dec. 11, 2019 |
E072398
|
In re J.A.
Appeal dismissed due to appellant's failure to appeal within 60-day period after juvenile court issued dependency order and terminated dependency, despite juvenile court's failure to advise mother of her appellate rights. |
Civil Procedure |
|
M. Slough | Dec. 10, 2019 |
D074006
|
Hood v. Gonzales
An interpleader action allows a court to adjudicate competing claims to disputed settlement funds, not just merely supervise their dispersal; it is a proper substitute for arbitration. |
Civil Procedure |
|
P. Benke | Dec. 10, 2019 |
A158011
|
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 |
|
M. Miller | Dec. 6, 2019 |
18-55588
|
Painters and Allied Trades District Council 82 v. Takeda Pharmaceuticals
Plaintiffs satisfactorily alleged civil RICO standing in light of the proximate cause factors of 'Holmes v. Sec. Inv'r Prot. Corp.,' so the district court's dismissal of plaintiffs' RICO claims was erroneous. |
Civil Procedure |
|
C. Bea | Dec. 4, 2019 |
18-35967
|
Johnson v. Metro-Goldwyn Mayer Studios
District court adequately explained its decision to conduct its own lodestar calculation and apply a 25 percent cut to class counsel's hours in awarding less attorneys' fees than plaintiff requested. |
Civil Procedure |
|
M. Bennett | Dec. 3, 2019 |
18-35053
|
Willis v. City of Seattle
Appellants failed to proffer sufficient evidence and articulate a practice that was common to the claims of the proposed class in their motion for class certification. |
Civil Procedure |
|
J. Choe | Dec. 2, 2019 |
B265304
|
Chen v. Los Angeles Truck Centers, LLC
Because Indiana had a real interest in applying its law, and California's interest was only hypothetical, the trial court correctly applied Indiana products liability law. |
Civil Procedure |
|
E. Grimes | Nov. 26, 2019 |
H044628
|
Global Protein Products, Inc. v. Le
Appellants' claim that respondent's trade secret was invalid was insufficient to dissolve permanent injunction. |
Civil Procedure |
|
E. Premo | Nov. 25, 2019 |
E069248
|
Highland Springs Conference etc. v. City of Banning
Trial court erroneously excluded fees plaintiffs incurred on appeal of alter ego motion denial and fees plaintiffs incurred over two years before filing their fee motions. |
Civil Procedure |
|
M. Ramirez | Nov. 25, 2019 |
17-56366
|
In Re Pacquiao-Mayweather Boxing Litigation
Merely because a boxing match lacked the anticipated drama worthy of the pre-fight hype because of an athlete's injury does not mean customers were defrauded and suffered a legal injury. |
Civil Procedure |
|
J. Nguyen | Nov. 22, 2019 |
B272169
|
City of Los Angeles v. Metropolitan Water Dist.
Attorney fees are available in reverse California Public Records Act actions. Under the Code of Civil Procedure Section 1021.5 attorney fees are awarded when the public interest is involved. |
Civil Procedure |
|
M. Stratton | Nov. 21, 2019 |
A157685
|
Brown v. Upside Gading, LP
Trial court's order was not appealable under Code of Civil Procedure Section 904.1(a)(6) as defendants argued, since it was simply part of the class certification process. |
Civil Procedure |
|
A. Wick | Nov. 20, 2019 |
18-56071
|
Henson v. Fidelity National Financial
District court abused its discretion in evaluating three factors considered in evaluating the merits of a FRCP 60(b)(6) motion predicated on an intervening change in the law under 'Phelps v. Alameida.' |
Civil Procedure |
|
A. Tashima | Nov. 18, 2019 |
18-35756
|
Silbaugh v. Chao
An amendment to a pleading relates back to the original pleading when the amendment changes the party whom the claim is asserted against and gives the newly named defendant notice. |
Civil Procedure |
|
P. Watford | Nov. 15, 2019 |
B288062
|
Sarun v. Dignity Health
Court disapproved of trial court's application of unduly restrictive ascertainability standard and directed trial court to certify a modified limited issue class due to sufficient evidence of manageability issues. |
Civil Procedure |
|
D. Perluss | Nov. 14, 2019 |
A155479
|
Williams v. Impax Laboratories, Inc.
Plaintiff failed to appeal an order dismissing class allegations that was appealable under the death knell doctrine, so plaintiff forfeited her appeal of dismissal of class allegations. |
Civil Procedure |
|
J. Humes | Nov. 12, 2019 |
16-15588
|
Board of Trustees Glazing Health v. Chambers
No evidence indicated a reasonable expectation that Nevada's legislature was likely to enact legislation similar to Senate Bill 223 in the future, so no live controversy remained and the matter was moot. |
Civil Procedure |
|
S. Thomas | Nov. 8, 2019 |
A150863
|
Handoush v. Lease Finance Group, LLC
Forum selection clauses are unenforceable in California if they will lead to a jury trial waiver in the designated forum state. |
Civil Procedure |
|
A. Wick | Nov. 4, 2019 |
B288008
|
Stafford v. Attending Staff Assn.
A defendant's decision to pursue a judicial remedy before completing the administrative process does not forfeit his right to pursue administrative remedies. |
Civil Procedure |
|
E. Lui | Nov. 1, 2019 |
C088409
|
County of El Dorado v. Superior Court
A one year statute of limitations applies to claims brought under the Mitigation Fee Act, Government Code Section 66001, in light of 'County of San Diego v. Milotz.' |
Civil Procedure |
|
Nov. 1, 2019 | |
B289709
|
MGA Entertainment v. Mattel
Under California law, the same suspicions that allowed plaintiff to plead unclean hands defense were sufficient to trigger the statute of limitation for its trade secret claim. |
Civil Procedure |
|
E. Grimes | Oct. 30, 2019 |
B289717
|
Eck v. City of Los Angeles
Because unnamed class member did not challenge her application to intervene and did not appeal from the denial of her motion to vacate judgment, she lacked standing to appeal from judgment. |
Civil Procedure |
|
D. Perluss | Oct. 17, 2019 |
B290693
|
Morris v. Hyundai Motor America
Given trial court's clear expression in final order of its reasons for attorney fees reductions, stray remark trial court made, that it had other prohibited reasons, did not require reversal. |
Civil Procedure |
|
N. Stone | Oct. 15, 2019 |
G056706
|
Sharon v. Porter
Legal malpractice lawsuit was filed over one year from the commencement of Code of Civil Procedure Section 340.6's statute of limitations and was time-barred. |
Civil Procedure |
|
E. Moore | Oct. 14, 2019 |
A150234
|
Modification: Cheema v. L.S. Trucking, Inc.
Under Penal Code Section 3287, prejudgment interest is appropriate where damages are certain or capable of being made certain by calculation if the defendant actually knows the damage amount. |
Civil Procedure |
|
S. Pollak | Oct. 9, 2019 |
E070918
|
Estate of Holdaway
Plaintiff's creditor's claim and complaint were both timely filed, and although plaintiff's complaint was uncertain in some respects, plaintiff should have the opportunity to plead around those uncertainties. |
Civil Procedure |
|
M. Raphael | Oct. 9, 2019 |