Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D072620
|
Von Becelaere Ventures, LLC v. Zenovic
Mechanics lien claimant waives right to arbitration where he does not comply with statutory requirements to maintain arbitration option. |
Civil Procedure |
|
J. McConnell | Jun. 8, 2018 |
15-56607
|
Havensight Capital v. Nike
Appeal challenging dismissal of amended complaint dismissed for lack of jurisdiction where appeal is untimely. |
Civil Procedure |
|
J. Rawlinson | Jun. 8, 2018 |
E067002
|
Jensen v. The Home Depot, Inc.
Misjoinder issue may be cured in amended complaint; thus trial court erred in dismissing action for improper joinder without leave to amend. |
Civil Procedure |
|
D. Miller | Jun. 7, 2018 |
17-56110
|
John Doe v. U.C. Regents
Eleventh Amendment bars Civil Code of Procedure Section 1094.5 petition because petition consitutes state law claim. |
Civil Procedure |
|
A. Tashima | Jun. 7, 2018 |
A147221
|
Tierney v. Javaid
Plaintiff waives right to challenge late trial proceedings where plaintiff requests and obtains statement of decision after declaration of mistrial on claim that 'deadlocked' jury failed to determine. |
Civil Procedure |
|
P. Siggins | Jun. 6, 2018 |
B272170
|
Rockefeller Technology Inv. v. Changzhou Sinotype Technology Co.
Since a party was never validly served with process, a trial court lacked jurisdiction over the matter, ergo, the resulting judgment is void as violating fundamental due process. |
Civil Procedure |
|
L. Edmon | Jun. 6, 2018 |
B275874
|
Port Medical Wellness v. Conn. Gen. Life Ins. Co.
Civil actions seeking payment for medical care may be brought by plan participants, not by health care providers, as they are barred by the doctrine of conflict preemption |
Civil Procedure |
|
L. Lavin | Jun. 6, 2018 |
D072624
|
Airs Aromatics v. CBL Data Recovery Technologies
A default judgment that exceeds the amount of damages sought in a complaint is void, not just voidable. |
Civil Procedure |
|
W. Dato | May 31, 2018 |
D072142
|
Randall v. Ditech Financial, LLC
Complaint that adequately alleges that entity is debt collector that attempted to collect money from plaintiff debtor states viable claim under FDCPA Section 1692f (1). |
Civil Procedure |
|
J. McConnell | May 30, 2018 |
D072493
|
Reid v. City of San Diego
Demurrer granted on statute of limitations grounds affirmed where limitations period, which provides a reasonable time to bring action, is consistent with due process. |
Civil Procedure |
|
G. Nares | May 30, 2018 |
A147922
|
Modification: Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact. |
Civil Procedure |
|
A. Tucher | May 30, 2018 |
A147922
|
Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact. |
Civil Procedure |
|
A. Tucher | May 24, 2018 |
C083117
|
Raines v. Coastal Pacific Food Distributors
Grant of summary adjudication on representative PAGA claim for civil penalties for violation of Labor Code Section 226(a) reversed where such claim does not require injury. |
Civil Procedure |
|
E. Duarte | May 23, 2018 |
G051996
|
Prince v. Invensure Ins. Brokers
A case was remanded to the trial court for further consideration because the trial court erred with respect to the validity of an offer to compromise under CCP Section 998. |
Civil Procedure |
|
E. Moore | May 22, 2018 |
G053002
|
Modification: Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency. |
Civil Procedure |
|
R. Ikola | May 22, 2018 |
B278239
|
Modification: Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata. |
Civil Procedure |
|
May 17, 2018 | |
D071904
|
Fierro v. Landry's Restaurant Inc.
Judgment sustaining demurrer as untimely without leave to amend class claims on basis that class action with identical class claims was similarly dismissed reversed where record fails to show action was dismissed on those grounds. |
Civil Procedure |
|
J. Irion | May 16, 2018 |
G053960
|
Taswell v. Regents of the University of California
Where UC Regents do not address employee's whistleblower retaliation complaint to employee's satisfaction, employee may file suit for damages, whether or not other judicial avenues have been exhausted. |
Civil Procedure |
|
R. Fybel | May 16, 2018 |
S231549
|
United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Code of Civil Procedure Section 8814(c) applies where 'good faith dispute exists over a statutory or contractual precondition to that payment.' |
Civil Procedure |
|
M. Cuéllar | May 15, 2018 |
A153684
|
Contractors' State License Bd. v. Superior Court
Under California Law, high level government officials aren't subject to deposition, unless the official has direct, personal knowledge or factual information pertaining to material issues in the action. |
Civil Procedure |
|
J. Humes | May 14, 2018 |
C083175
|
Blue v. California Office of the Inspector General
To prevail on Public Safety Officers Procedural Bill of Rights claim, officers denied representation in OIG interview over use of force practices in prison must have been under existing or potential investigation. |
Civil Procedure |
|
A. Hoch | May 14, 2018 |
C084702
|
Huang v. Hanks
Trial court did not err in dismissing spate of preposterous civil harassment claims against, e.g., Monica Lewinsky and the Dalai Lama, though court did not cite statute or legal premise for dismissal. |
Civil Procedure |
|
V. Raye | May 14, 2018 |
B278537
|
Hacker v. Homeward Residential, Inc.
Judgment denying leave to amend reversed where plaintiff who proposes new facts on appeal shows standing to bring cause of action. |
Civil Procedure |
|
J. Johnson | May 11, 2018 |
16-35204
|
Adidas America v. Skechers USA
Preliminary injunction in unregistered trade dress suit proper where exclusive production and advertising of adidas' Stan Smith shoe creates 'secondary meaning' and where rival's shoe was 'unmistakably' similar. |
Civil Procedure |
|
J. Nguyen | May 11, 2018 |
B277893
|
Pebley v. Santa Clara Organics
Injured plaintiff who elects not to use an available health insurance plan will be treated as 'uninsured' and allowed to present bills evidenced economic damages. |
Civil Procedure |
|
S. Perren | May 10, 2018 |
C081424
|
Tindell v. Murphy
Sham Pleading Doctrine precludes homeowners from filing repetitive claims, alleging different facts and causes of action. |
Civil Procedure |
|
V. Raye | May 9, 2018 |
B282137
|
La Mirada Ave. v. City of Los Angeles
Code of Civil Procedure Section 1021.5 does not require successful party to rest entire dispute once and for all; thus, party may obtain fees even if lawsuit that relates to challenged lawsuit is pending. |
Civil Procedure |
|
B. Hoffstadt | May 7, 2018 |
G053002
|
Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency. |
Civil Procedure |
|
R. Ikola | May 7, 2018 |
B278790
|
County Lines Holdings, LLC v. McClanahan
One-year statutory time limit regarding 'causes of action' does not bar later enforcement of a judgment lien after a debtor has died. |
Civil Procedure |
|
A. Gilbert | May 4, 2018 |
B279897
|
Modification: Garcia v. Mercedes-Benz USA
Trial court does not err in denying fees award to malfunctioning car buyer as prevailing party, as confidential settlement made it uncertain if plaintiff achieved litigation goal. |
Civil Procedure |
|
B. Hoffstadt | May 4, 2018 |