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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Red & White Distribution v. Osteroid Enterprises
Under Civil Code Section 1671(b), a liquidated damages clause will be considered unreasonable and unenforceable if it bears no reasonable relationship to the actual damages. 		Civil Procedure 2DCA/4 Aug. 12, 2019
ClipperJet Inc. v. Tyson
Defendant filed untimely notice of removal, co-defendant filed duplicative notice of removal, and defendant failed to take action for eight months after remand, warranting entry of default and default judgment. 		Civil Procedure 4DCA/3 Aug. 9, 2019
Patel v. Facebook
Plaintiffs established Article III Standing because the Illinois Biometric Information Privacy Act protected their concrete privacy interest and alleged violations posed at least material risk of harm to those interests. 		Civil Procedure 9th Aug. 9, 2019
Ehrman v. Cox Communications
Defendant's jurisdictional allegations, which provided a short and plain statement of the parties' citizenships based on information and belief, satisfied its burden of pleading minimal diversity. 		Civil Procedure 9th Aug. 9, 2019
Bakalian v. Central Bank of Turkey
In the absence of invalidated extension statute, plaintiffs' claims were barred by ten-year statute of limitations for claims of genocide, war crimes, and crimes against humanity. 		Civil Procedure 9th Aug. 9, 2019
Scott v. City of San Diego
Amended Government Code Section 12965(b) merely clarified, rather than changed, existing law, and applied in this case to warrant reversal of the trial court's cost award. 		Civil Procedure 4DCA/1 Aug. 5, 2019
Robles v. Employment Development Dept.
Trial court erred in limiting attorney fees under California's private attorney general statute, to only second phase of litigation because first phase also satisfied the criteria under the statute. 		Civil Procedure 1DCA/4 Aug. 2, 2019
Dine Citizens Against Ruining v. Bureau of Indian Affairs
Wholly Navajo Nation-owned corporation shared the Nation's tribal immunity, and dismissal of the action under Federal Rules of Civil Procedure 19 and 12(b)(7) was not improper. 		Civil Procedure 9th Jul. 30, 2019
Noel v. Thrifty Payless, Inc.
Representative plaintiff in class action need not introduce evidence establishing how notice of action will be communicated to individual class members in order to show ascertainable class. 		Civil Procedure CASC Jul. 30, 2019
Bontilao v. Superior Court
Regardless of whether petitioner's motion was directed to trial of a criminal or civil cause, it was untimely under Code of Civil Procedure Section 170.6(2)'s all purpose rule. 		Civil Procedure 6DCA Jul. 26, 2019
Severson & Werson v. Sephery-Fard
Under Section 527.8 of the Workplace Violence Safety Act, an employer seeking a restraining order for its employees, must provide the respondent with five days notice of the hearing. 		Civil Procedure 6DCA Jul. 26, 2019
Hollingsworth v. Superior Court
The superior court first assumed jurisdiction over plaintiffs' claims, so it, not the Workers' Compensation Appeals Board, should determine which tribunal has exclusive jurisdiction over plaintiffs' claims. 		Civil Procedure 2DCA/4 Jul. 26, 2019
Cole v. Hammond
Trial court erred in denying defendants' motion for mandatory dismissal pursuant to Civil Procedure Section 583.360, and instead granting plaintiff's motion for voluntary dismissal. 		Civil Procedure 2DCA/4 Jul. 26, 2019
Modification: Samsky v. State Farm Mutual Automobile Ins. Co.
Appellant satisfied requirements of Code of Civil Procedure Section 2033.420(a) and respondent failed to meet exceptions under Section 2033.420(b), so appellant was entitled to costs of proof under Section 2033.420(a). 		Civil Procedure 2DCA/8 Jul. 25, 2019
Khrapunov v. Prosyankin
Remand was necessary for the district court to conduct additional fact-finding about foreign proceedings to determine if 28 U.S.C. Section 1782's requirements remained satisfied by plaintiff. 		Civil Procedure 9th Jul. 25, 2019
Gemini Technologies Inc. v. Smith & Wesson Corp.
Contractual forum-selection clauses are unenforceable when enforcement would contravene a strong public policy of the forum in which the suit is being brought. 		Civil Procedure 9th Jul. 25, 2019
Rodriguez v. City of San Jose
Plaintiff's Second Amendment claim relating to police's seizure of firearms from her residence after her husband was detained for mental health evaluation was barred by issue preclusion. 		Civil Procedure 9th Jul. 24, 2019
Chen v. Los Angeles Truck Centers, LLC
Trial court was not required to revisit choice of law ruling which found Indiana law applied because plaintiffs' settlement with Indiana-based defendant was not such an exceptional circumstance warranting such reexamination. 		Civil Procedure CASC Jul. 23, 2019
Brown v. City of Sacramento
Although plaintiff's suspension was a discrete act, plaintiff's claim based on suspension was timely because suspension only became final within the one-year statute of limitations for filing an administrative complaint. 		Civil Procedure 3DCA Jul. 19, 2019
Nodal v. Cal-West Rain, Inc.
Juror's statements during deliberations injected opinions explicitly based on outside information that were contrary to the evidence, instructions, and theories tried and thus, influenced jurors and prejudiced plaintiff. 		Civil Procedure 2DCA/6 Jul. 18, 2019
McCleery v. Allstate Ins. Co.
Plaintiffs' trial plan was properly rejected because it failed to address means to fairly establish defendants' liability on a class-wide basis as to any claim. 		Civil Procedure 2DCA/1 Jul. 17, 2019
Primo Hospitality Group, Inc. v. Haney
Counsel had not yet presented complaint to the court, so service of notice of motion for sanctions under Code of Civil Procedure Section 128.7 was premature and sanctions were improper. 		Civil Procedure 2DCA/5 Jul. 9, 2019
Newstart Real Estate Investment LLC v. Huang
Grant of partial new trial on punitive damages vacated judgment and made it unenforceable, so denial of plaintiff's attempts to enforce full judgment including punitive damages was not improper. 		Civil Procedure 2DCA/8 Jul. 8, 2019
Sweetwater Union HS Dist. v. Julian Union Elementary Sch.
Petitioner satisfied Code of Civil Procedure Section 1021.5 criteria justifying the trial court's attorney fee award, and was considered a prevailing party for fee award purposes. 		Civil Procedure 4DCA/1 Jul. 1, 2019
Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request. 		Civil Procedure 4DCA/3 Jun. 28, 2019
Samsky v. State Farm Mutual Automobile Ins. Co.
Appellant satisfied requirements of Code of Civil Procedure Section 2033.420(a) and respondent failed to meet exceptions under Section 2033.420(b), so appellant was entitled to costs of proof under Section 2033.420(a). 		Civil Procedure 2DCA/8 Jun. 28, 2019
Modification: Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request. 		Civil Procedure 4DCA/3 Jun. 28, 2019
Modification: Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action. 		Civil Procedure 1DCA/3 Jun. 25, 2019
PDR Network, LLC v. Carlton Harris Chiropractic, Inc.
The extent to which a 2006 Federal Communications Commission order interpreting the term 'unsolicited advertisement' binds lower courts may depend on the resolution of two preliminary questions; thus, matter remanded. 		Civil Procedure USSC Jun. 24, 2019
Moss v. Duncan
Two-year statute of limitations on professional negligence claim ran upon actual injury, which occurred when plaintiff and Franchise Tax Board settled, rather than its notice of proposed assessment. 		Civil Procedure 4DCA/1 Jun. 21, 2019
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