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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
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 2DCA/2 May 4, 2018
Amended Opinion: In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure. 		Civil Procedure 9th May 2, 2018
Gordon v. County of Orange
Grant of summary judgment vacated where proper standard of review for 42 U.S.C. Section 1983 claim is one of ‘objective’ standard. 		Civil Procedure 9th May 1, 2018
GranCare v. Thrower
Showing fraudulent joinder is 'heavy burden' on defendant and should not be maintained unless plaintiff could not show joined party was liable 'on any theory.' 		Civil Procedure 9th Apr. 27, 2018
Holloway v. Showcase Realty Agents, Inc.
Plaintiff has taxpayer standing to sue under Code of Civil Procedure Section 526a where plaintiff has paid or is liable to pay defendant locality tax assessed on plaintiff by locality. 		Civil Procedure 6DCA Apr. 27, 2018
Bozic v. USDC - CASD
Court has discretion to withhold 'extraordinary remedy' of mandamus relief even where clear legal error exists below, if prejudicial impact on petitioner is not great. 		Civil Procedure 9th Apr. 26, 2018
Welborne v. Ryman-Carroll Foundation
Summary judgment reversed where party opposing summary judgment makes prima facie showing of material fact. 		Civil Procedure 2DCA/2 Apr. 26, 2018
Baker Marquart LLP v. Kantor
Confidential brief analogous to ex parte communication that allows for arbitration award to be reviewed by court. 		Civil Procedure 2DCA/2 Apr. 26, 2018
IIG Wireless v. Yi
Under reversal of longstanding 'Pendergrass' holding, parol evidence rule does not disallow admission of extrinsic statements to prove fraud 		Civil Procedure 4DCA/3 Apr. 25, 2018
Chavez v. JPMorgan Chase & Co.
Diversity jurisdiction’s requisite amount in controversy includes relief claimed at time of removal ‘to which plaintiff would be entitled if’ plaintiff prevails. 		Civil Procedure 9th Apr. 23, 2018
Lederer v. Schneider
Judgment finding action untimely reversed where statute of limitations begins to run once aggrieved party suffered ‘actual injury’ resulting from negligent conduct. 		Civil Procedure 2DCA/4 Apr. 20, 2018
All Green Electric v. Security National Ins. Co.
Summary judgment for insurer affirmed where evidence fails to show that insurer is entitled to coverage under policy. 		Civil Procedure 2DCA/8 Apr. 19, 2018
Shapira v. Lifetech Resources
Judgment finding defense is entitled to fees as prevailing party reversed and remanded where plaintiff's motion to dismiss that was filed 'before' trial's completion should have been granted. 		Civil Procedure 2DCA/4 Apr. 19, 2018
People v. Investco Management & Development LLC
Attorney fees awarded to party who is successful in action resulting in enforcement of important right affecting public interest affirmed where significant benefit is conferred on general public or large class of persons. 		Civil Procedure 1DCA/4 Apr. 19, 2018
The Police Retirement System of St. Louis v. Page
Summary judgment affirmed where Delaware statute of limitations period is only tolled until plaintiff has inquiry notice of harm from defendant’s actions. 		Civil Procedure 6DCA Apr. 18, 2018
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 2DCA/2 Apr. 18, 2018
Powell v. Bear Valley Community Hospital
A physician with revoked staff privileges doesn't have an absolute right to reappointment, particularly when the denial is for a medical or disciplinary reason; similarly, there is no right to a hearing if the applicant failed to disclose crucial negative information on his record prior to his appointment. 		Civil Procedure 4DCA/1 Apr. 17, 2018
Pasadena Police Officers Assn. v. City of Pasadena
Denial of motion for fees under private attorneys general statute reversed where court incorrectly applies 'Adoption of Joshua S.' to deny fees. 		Civil Procedure 2DCA/1 Apr. 16, 2018
Day v. Lupo Vine Street
Commercial landlord who merely leases commercial space to health studio has no duty under Health and Safety Code Section 104113 or common law to acquire and maintain automated external defibrillator or to ensure that studio operator does so. 		Civil Procedure 2DCA/4 Apr. 13, 2018
Gordon B. v. Gomez
Court that denies motion to renew restraining order for failure to show further significant abuse errs where renewal is appropriate if and only if preponderance of evidence shows 'reasonable apprehension' of future abuse. 		Civil Procedure 2DCA/1 Apr. 13, 2018
Smith v. City and County of Honolulu
Testimony by lay witness that was not objected to and unsupported statements made by defense counsel during closing arguments that do not sway jury do not result in plain error. 		Civil Procedure 9th Apr. 13, 2018
Squire v. County of Los Angeles
Written reprimands issued by Sheriff's Department in response to formal grievance process are not subject to PROBA one-year statute of limitations period where initiation of grievance procedure is not subject to limitations period. 		Civil Procedure 2DCA/2 Apr. 12, 2018
In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure. 		Civil Procedure 9th Apr. 10, 2018
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 2DCA/2 Apr. 6, 2018
Modification: AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process. 		Civil Procedure 4DCA/1 Apr. 4, 2018
Demeter v. Taxi Computer Services
Summary judgment in favor of defendant affirmed where plaintiff’s claim of injury arising from defendant’s noncompliance with California’s fee related talent services law does not, on its own, constitute injury. 		Civil Procedure 2DCA/5 Mar. 29, 2018
Timed Out LLC v. 13359 Corp.
Trial court did not err in imposing penalties for plaintiff's rejection of defendant's CCP Section 998 offer. 		Civil Procedure 2DCA/1 Mar. 29, 2018
Al-Shaikh v. State Dept. of Health Care Services
Petitioner is entitled to fees under Civil Code of Procedure Section 1028.5 where agency acts without substantial justification by acting in 'direct contravention' of clearly stated federal regulation. 		Civil Procedure 1DCA/1 Mar. 29, 2018
Rodriguez v. Dept. of Transportation
Public entity's liability can be avoided through the affirmative defense of design immunity, particularly if the design was not commonly used or needed in the public roadway. 		Civil Procedure 5DCA Mar. 29, 2018
Hall v. Hall
Cases consolidated under Rule 42(a) retain separate identities, at least to the extent that a final decision in one is immediately appealable. 		Civil Procedure 3DCA Mar. 28, 2018
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