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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Pearl v. City of Los Angeles
Conditional order granting new trial motion unless plaintiff accepted reduction in damages was proper because trial court acted as independent factfinder and determined the amount of damages that was fair and reasonable. 		Civil Procedure 2DCA/7 Jun. 20, 2019
Hanna v. Mercedes-Benz USA
Trial court erred in awarding attorney fees based on percentage-based contingency fee provision in retainer agreement between plaintiff and her counsel rather than using lodestar figure as its starting point. 		Civil Procedure 2DCA/7 Jun. 20, 2019
Tanguilig v. Valdez
Under Section 15657.03 (b)(4)(A) of Elder Abuse Act, elder may seek restraining order to not only protect himself but also members of his family; thus, trial court's extension of restraining order affirmed. 		Civil Procedure 1DCA/2 Jun. 20, 2019
Orozco v. WPV San Jose, LLC
When a contract is obtained by fraud, a party is entitled to rescission even if they do not suffer individual pecuniary damages. 		Civil Procedure 6DCA Jun. 19, 2019
Virginia House of Delegates v. Bethune-Hill
Virginia House of Delegates lacked standing to appeal district court's order because it had no authority or responsibility to litigate the State's interests and lacked standing in its own right. 		Civil Procedure USSC Jun. 18, 2019
United Grand Corp. v. Malibu Hillbillies, LLC
Appellant's briefs generally lacked cogent legal argument, legal authority, and proper citations, and sufficient evidence supported the judgment and order of dismissal based on joint misconduct by attorney and client. 		Civil Procedure 2DCA/8 Jun. 14, 2019
Modification: Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding. 		Civil Procedure 4DCA/3 Jun. 14, 2019
Lasalle v. Vogel
Trial judge abused discretion in denying appellant's motion to set-aside default judgment; any doubts in applying Code of Civil Procedure Section 473 must be resolved in favor of party seeking relief from default. 		Civil Procedure 4DCA/3 Jun. 13, 2019
Wertheim, LLC v. Currency Corporation
Judgment is not satisfied for purposes of postjudgment enforcement costs pursuant to Code of Civil Procedure Section 685.080 until judgment creditor has been paid; thus, motion for postjudgment costs was timely. 		Civil Procedure 2DCA/1 Jun. 10, 2019
In Re Hyundai and Kia Fuel Economy Litigation
District court did not abuse its discretion in finding that common issues predominated because class members were exposed to uniform fuel-economy misrepresentations and suffered identical injuries within only small range of damages. 		Civil Procedure 9th Jun. 7, 2019
National Abortion Federation v. Center for Medical Progress
Court lacked jurisdiction to hear consolidated appeals from district court order holding appellants in civil contempt for violating court's preliminary injunction because no final judgment had been entered. 		Civil Procedure 9th Jun. 6, 2019
NEI Contracting and Engineering v. Hanson Aggregates
Because class representative was found to lack standing, trial court did not abuse its discretion in decertifying class and plaintiff waived standing determination by failing to challenge that determination. 		Civil Procedure 9th Jun. 6, 2019
Center for Biological Diversity v. USFS
Plaintiffs established injury in fact, causation, and that a ruling in their favor would require defendant to mitigate particular the harms alleged, thus presenting a justiciable dispute. 		Civil Procedure 9th Jun. 3, 2019
Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding. 		Civil Procedure 4DCA/3 May 31, 2019
Singh v. American Honda Finance Corp.
Despite the Class Action Fairness Act's home state exception to removal applying, appellant's voluntary amendment adding a federal claim cured that jurisdictional defect and circumstances weighed against dismissal and remand. 		Civil Procedure 9th May 31, 2019
City of Albany v. CH2M Hill
An agreement limiting venue for litigation to a particular county unambiguously prohibits litigation in federal court when there is no federal courthouse located in the designated county. 		Civil Procedure 9th May 30, 2019
Home Depot U. S. A., Inc. v. Jackson
Neither 28 U.S.C. Section 1441(a) nor Section 1453(b) allows a third-party counterclaim defendant to remove a class-action counterclaim from state to federal court. 		Civil Procedure USSC May 29, 2019
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 May 28, 2019
Dane-Elec Corp. v. Bodokh
Prevailing party in nonpayment of wages action could not recover attorney fees despite the wage claim's overlap with a breach of contract claim for which fees were also incurred. 		Civil Procedure 4DCA/3 May 28, 2019
Shalabi v. City of Fontana
If minor has 42 U.S.C. Section 1983 cause of action, statute of limitations begins to run on minor's 18th birthday; thus, trial court erred in finding that plaintiff's complaint was time barred. 		Civil Procedure 4DCA/2 May 23, 2019
Colombo v. Kinkle, Rodiger & Spriggs
Res judicata barred vexatious litigant's second request to file the same claims against the same defendants after a determination on the merits was made denying the first request. 		Civil Procedure 4DCA/3 May 20, 2019
Global Financial Distributors v. Superior Court
Trial court erroneously ruled defendants' forum non conveniens motion was untimely solely because it was filed after defendants made a general appearance. 		Civil Procedure 2DCA/7 May 15, 2019
Le Mere v. Los Angeles Unified School Dist.
Appellant's failure to comply with the Government Claims Act barred the cause of action alleging violations of Labor Code Section 1102.5. 		Civil Procedure 2DCA/8 May 15, 2019
Switzer v. Wood
Jury's specific and unequivocal finding of each factual element necessary to establish a violation of Penal Code Section 496(a) entitled prevailing party to treble damages under Section 496(c). 		Civil Procedure 5DCA May 14, 2019
Corrinet v. Bardy
Trial court abused discretion by dismissing case for failure to prosecute despite plaintiff's participation in discovery and attestation of readiness to try the case with trial one month away. 		Civil Procedure 1DCA/4 May 10, 2019
Cohen v. Kabbalah Centre International
Summary adjudication was improper on one of plaintiff's breach of contract claims because alleged details of the oral contract did not conflict with her previous allegations or statements. 		Civil Procedure 2DCA/8 May 9, 2019
Wojciechowski v. Kohlberg Ventures
Parties in prior bankruptcy proceeding did not intend settlement to extend to subsequent claims; thus, claim preclusion did not bar plaintiff's Worker Adjustment and Retraining Notification Act claim. 		Civil Procedure 9th May 9, 2019
In Re Boon Global Ltd.
District court erred in summarily concluding that it had jurisdiction over third parties to compel arbitration, but it did not commit clear error; thus, writ of mandamus petition denied. 		Civil Procedure 9th May 6, 2019
McFadden v. L.A. County Treasurer
Appellant's new argument in her fourth complaint against the City regarding condemnation and demolition of her property was barred by res judicata; thus, appeal was dismissed. 		Civil Procedure 2DCA/1 May 3, 2019
Media Rights Technologies v. Microsoft
Claims arising from common nucleus of operative fact with claims in a prior action against the same defendant were barred by claim preclusion, but post-filing copyright infringement claims were not. 		Civil Procedure 9th May 3, 2019
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