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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Hoffman v. Superior Ready Mix Concrete, L.P.
Fees may be awarded under Code of Civil Procedure Section 1021.9 for trespass on agricultural land being cultivated, even where defendant did not damage crops themselves or interfere with agricultural operations. 		Civil Procedure 4DCA/1 Dec. 21, 2018
Cox v. Bonni
A court does not have to base the granting of a motion to reconsider a vacated award on new or different evidence when reconsideration is based on its own motion. 		Civil Procedure 2DCA/1 Dec. 19, 2018
Gassner v. Stasa
A plaintiff may dismiss an action without prejudice any time before the actual commencement of trial. All such dismissals constitute appealable judgments under Code of Civil Procedure Section 904.1(a)(1). 		Civil Procedure 4DCA/2 Dec. 19, 2018
Kendrick v. Conduent State and Local Solutions
Golden Gate Bridge may be a national treasure, but the collection of its tolls is a localized issue and thus belongs in state court under Class Action Fairness Act Section 1332. 		Civil Procedure 9th Dec. 18, 2018
McCleery v. Allstate Ins. Co.
Order denying class certification affirmed; plaintiffs' trial plan failed to address how they could fairly establish defendants' liability on a classwide basis as to any claim. 		Civil Procedure 2DCA/1 Dec. 18, 2018
Modification: David L. v. Superior Court
Knowledge alone that a sexual partner lives in California and foreseeability of conception is insufficient to satisfy minimum contacts required to exercise specific personal jurisdiction over a non-resident defendant. 		Civil Procedure 4DCA/1 Dec. 18, 2018
Mechling v. Asbestos Defendants
A defendant's motion to set aside a default judgment should be granted, provided a meritorious claim existed and defendant was not given chance to defend himself in court due to extrinsic mistake. 		Civil Procedure 1DCA/5 Dec. 13, 2018
In re City of Stockton
If a creditor does not seek a stay of a debtor's plan for adjustments of its debts, then the creditor risks dismissal of the appeal on grounds of equitable mootness. 		Civil Procedure 9th Dec. 11, 2018
CPF Vaseo Associates, LLC v. Gray
Safe harbor provision found in Code of Civil Procedure Section 128.7(c)(1) applies to former Section 128.5; thus, because motion seeking sanctions was served and filed on the same day, sanctions reversed. 		Civil Procedure 4DCA/1 Dec. 7, 2018
Hoang v. Bank of America
A statute of limitations period for an analogous cause of action is borrowed and applied to the federal claim, when no statute of limitations is expressly applicable to a federal statute. 		Civil Procedure 9th Dec. 7, 2018
Calvert v. Binali
Plaintiffs' failure to comport with the court's publication requirements by publishing service of summons in a different newspaper than ordered rendered the default judgment against defendant void on its face. 		Civil Procedure 2DCA/8 Dec. 6, 2018
Finance Holding Co., LLC v. The American Inst. of Certified
A post judgment order compelling discovery of an outside third-party can be considered a final order and thus appealable. 		Civil Procedure 4DCA/1 Dec. 3, 2018
City of Oakland v. Oakland Police and Fire Retirement System
Under California's Private Attorney General Statute, fees should sometimes be awarded even where litigant's own expected benefits exceed its actual costs by substantial margin; thus appellant entitled to attorney fees. 		Civil Procedure 1DCA/4 Dec. 3, 2018
Edwards v. Heartland Payment Systems, Inc.
Mandatory intervention should be denied in class action settlements when class members can still protect their interests by opting out of the class action or objecting to the settlement. 		Civil Procedure 2DCA/8 Dec. 3, 2018
Meleski v. Estate of Hotlen
Insurer who denied settlement offer in action against decedent's estate is 'party' within terms of Code of Civil Procedure Section 998. 		Civil Procedure 3DCA Nov. 30, 2018
Sulyma v. Intel Corp. Investment Policy Committee
'Actual knowledge,' rather than constructive knowledge, must be shown to be had before limitations period runs on ERISA claim. 		Civil Procedure 9th Nov. 29, 2018
Weyerhaeuser Co. v. United States Fish and Wildlife Serv.
Although under 16 U.S.C. Section 4(b)(2) the Secretary of Interior has the discretion to exclude an area from being designated critical habitat, it does not mean his judgments are not reviewable. 		Civil Procedure USSC Nov. 28, 2018
Alliance of Concerned Citizens v. City of San Juan Bautista
An appellate review of a court's findings under Public Resources Code Section 21168.9 is forfeited, if an order is appealable, and an appeal is not taken up. 		Civil Procedure 6DCA Nov. 28, 2018
David L. v. Superior Court
Knowledge alone that a sexual partner lives in California and foreseeability of conception is insufficient to satisfy minimum contacts required to exercise specific personal jurisdiction over a non-resident defendant. 		Civil Procedure 4DCA/1 Nov. 27, 2018
Independent Living Center v. Kent
The Supremacy Clause does not transform a California Civil Code Section 1085 writ of mandamus into a federal claim, and thus does not bar the seeking of attorneys' fees pursuant to a state-law provision. 		Civil Procedure 9th Nov. 26, 2018
Warner Bros. Entertainment Inc. v. Superior Court
Where trial court stay allowed for informal discovery and ordered conferral and preparation on certain matters, stay does not pause 'all the proceedings' and five-year prosecution bar is not tolled. 		Civil Procedure 2DCA/8 Nov. 23, 2018
Roe v. Halbig
Under Code of Civil Procedure Section 1987.2(c), defendant can 'prevail' on a motion to quash or modify a subpoena even if subpoena has been withdrawn prior to judicial determination. 		Civil Procedure 6DCA Nov. 23, 2018
Alcazar v. L.A. Unified School Dist.
The intent of the Code of Civil Procedure Section 222.5 is to ensure that civil trial courts possesses the necessary discretionary authority to control the voir dire process and avoid the preconditioning of jurors 		Civil Procedure 2DCA/1 Nov. 19, 2018
Wilde v. City of Dunsmuir et al.
A power to be exercised is legislative in nature if it prescribes a new policy; whereas, it is administrative if it merely pursues a plan already adopted by the legislative body itself. 		Civil Procedure 3DCA Nov. 19, 2018
Huerta v. Kava Holdings, Inc.
Code of Civil Procedure Section 998 does not apply in nonfrivolous Fair Employment Housing Act actions. 		Civil Procedure 2DCA/8 Nov. 16, 2018
Genisman v. Hopkins Carley
For legal malpractice suits: Once a plaintiff has a suspicion of wrongdoing, and therefore an incentive to sue, she must decide whether to file suit or sit on their rights. 		Civil Procedure 6DCA Nov. 16, 2018
Williams v. Filson
To be entitled to equitable tolling, a habeas petitioner must demonstrate that some extraordinary circumstance stood in his way and prevented timely filing (e.g. relying on any unsettled relation-back laws). 		Civil Procedure 9th Nov. 12, 2018
1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior Court
Code of Civil Procedure Section 92(d) does not allow special motions to strike in limited cases based upon the plain meaning of the statute and the intent of the Legislature. 		Civil Procedure 2DCA/3 Nov. 9, 2018
Citizens for Amending Proposition L v. City of Pomona
Respondents had standing to sue under public interest exception to challenge city council ordinance purporting to extend agreement to erect billboards after citizens of Pomona passed ballot initiative prohibiting it. 		Civil Procedure 2DCA/4 Nov. 9, 2018
Guerrero v. Cal. Dept. of Corrections and Rehabilitation
Federal common law controls the preclusive effect of a federal judgment, and applies to both federal question cases and diversity cases. 		Civil Procedure 1DCA/4 Nov. 8, 2018
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