Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-16740
|
Elhouty v. Lincoln Benefit Life
Face value of insurance policy is proper consideration for amount-in-controversy prong of diversity jurisdiction inquiry. |
Civil Procedure |
|
A. Kleinfeld | Mar. 28, 2018 |
A153672
|
Fox v. Superior Court
Trial court improperly denied severely ill petitioner's motion for trial preference under Code of Civil Procedure Section 36(a), by applying mistakenly burdensome evidentiary standard. |
Civil Procedure |
|
J. Streeter | Mar. 23, 2018 |
B275429
|
Eleanor Licensing LLC v. Classic Recreations LLC
Cause of action for return of personal property is timely filed within requisite three-year limitations period where action is based on event that occurred just months before filing action. |
Civil Procedure |
|
D. Perluss | Mar. 23, 2018 |
S239777
|
Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism
Defendant filing anti-SLAPP motion must move to strike within 60 days of service of the earliest complaint containing the cause of action defendant is attempting to strike. |
Civil Procedure |
|
M. Chin | Mar. 23, 2018 |
A152513
|
Lawrence v. Superior Court
Seizure and holding by CHP of antique car valued at one million dollars violate due process of person in possession of the car, where suspicion of theft not supported by preponderance of evidence. |
Civil Procedure |
|
R. Dondero | Mar. 22, 2018 |
B280042
|
Quanta Computer Inc. v. Japan Communications Inc.
Court does not abuse its discretion in declining to exercise jurisdiction pursuant to its finding of no connection between dispute and state, an alternative forum, and no public interest in state. |
Civil Procedure |
|
S. Kriegler | Mar. 20, 2018 |
D072852
|
Corley v. San Bernardino County Fire Protection District
Trial court does not err by refusing to offer jury instruction pertaining to lead fire chiefs, where plaintiff in age discrimination suit was a division chief. |
Civil Procedure |
|
C. Aaron | Mar. 19, 2018 |
15-16953
|
U.S. ex rel. Solis v. Millennium Pharmaceuticals
'Original source' exception to False Claims Act prior public disclosure bar does not require relator to show he 'had a hand in' prior disclosure. |
Civil Procedure |
|
J. Wallace | Mar. 16, 2018 |
D071872
|
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 |
|
W. Dato | Mar. 14, 2018 |
C080680
|
Ponce v. Wells Fargo Bank
Complaint that asserts nonfrivolous claims cannot be presented for improper purpose under Code of Civil Procedure Section 128.7. |
Civil Procedure |
|
J. Renner | Mar. 14, 2018 |
17-71692
|
U.S. v. United States District Court for the District of Oregon
Petition for writ of mandamus denied where defendants fail to meet ‘Bauman v. U.S. Dist. Ct.’ factors. |
Civil Procedure |
|
S. Thomas | Mar. 8, 2018 |
C083427
|
Selvidge v. Tang
Notice of intent to file a medical malpractice action is adequately provided to a physician under MICRA if mailed to address of physician on file with the medical board |
Civil Procedure |
|
R. Robie | Mar. 7, 2018 |
A145487
|
Brown v. California Unemployment Insurance Appeals Board
Civil Code of Procedure Section 3289(b)’s 10 percent interest rate applies to finding of improperly withheld unemployment benefits where employee has right to unemployment benefits. |
Civil Procedure |
|
T. Reardon | Mar. 5, 2018 |
A152607
|
Medical Board of California v. Superior Court
Accusation, notice of default, and revocation of doctor's license done through certified mail without return receipt required represents sufficient service. |
Civil Procedure |
|
S. Pollak | Mar. 5, 2018 |
G052735
|
Weiss v. People ex rel. Department of Transportation
Statute applicable exclusively to eminent domain actions cannot be imported into body of inverse condemnation law in view of policy against case-dispositive motions in limine. |
Civil Procedure |
|
R. Aronson | Mar. 5, 2018 |
A146617
|
Victaulic Co. v. American Home Assurance Co.
Trial court must exercise great caution when examining a witness so as not to influence jury |
Civil Procedure |
|
J. Richman | Mar. 1, 2018 |
B266654
|
Pittman v. Beck Park Apartments
Denial of motion to vacate vexatious litigant order as void affirmed where trial court retains jurisdiction to issue order even after case is dismissed. |
Civil Procedure |
|
D. Perluss | Mar. 1, 2018 |
B285092
|
Inversiones Papaluchi S.A.S. v. Superior Court
Petition challenging court order denying motion to quash in case governed by Hague Service Convention granted where forum state's requirements for accomplishing proof of service are not met. |
Civil Procedure |
|
S. Kriegler | Mar. 1, 2018 |
B276903
|
Hauser v. Ventura County Board of Supervisors
Judgment denying conditional use permit affirmed where plaintiff fails to show that plaintiff is entitled to permit. |
Civil Procedure |
|
A. Gilbert | Feb. 22, 2018 |
16-35933
|
Bassett v. ABM Parking Services
Judgment dismissing action alleging single cause of action for lack of standing affirmed where plaintiff fails to allege concrete injury in fact. |
Civil Procedure |
|
M. McKeown | Feb. 22, 2018 |
A140653
|
Hong Sang Market v. Peng
Res judicata does not bar breach of contract action that follows unlawful detainer action where plaintiff recovers back-due rent for separate months in each action. |
Civil Procedure |
|
W. McGuiness | Feb. 15, 2018 |
Crowley v. EpiCept Corp.
Court-formulated jury instruction that correctly states the law does not constitute an abuse of discretion. |
Civil Procedure |
|
P. Curiam (9th Cir.) | Feb. 14, 2018 | |
B272344
|
Gonzalez v. Mathis
Summary judgment against independent contractor reversed where hirer fails to conclusively show that contractor could have reasonably adopted safety precaution to remedy known hazard. |
Civil Procedure |
|
L. Zelon | Feb. 8, 2018 |
17-55635
|
Simpson v. Trump University
Clear language in settlement notices requiring opt-out at class certification stage precludes objector from claiming she retained right to opt-out at settlement stage. |
Civil Procedure |
|
J. Nguyen | Feb. 7, 2018 |
B280983
|
Nutrition Distribution, LLC v. Southern SARMS, Inc.
Safe harbor provision from Code of Civil Procedure Section 128.7(c) was incorporated within former Section 128.5(f). |
Civil Procedure |
|
D. Perluss | Feb. 5, 2018 |
B271312
|
Gonzalez v. Lew
Court order awarding postoffer costs to plaintiffs affirmed where jury awards plaintiffs amount greater than proposed, but rejected, joint settlement offer. |
Civil Procedure |
|
L. Lavin | Feb. 5, 2018 |
17-56809
|
Kenny v. Wal-Mart Stores
Right of defendant to remove a matter to a federal forum is not waived by filing a demurrer in state court and its right to remove was not ascertainable from the pleadings. |
Civil Procedure |
|
M. Smith | Feb. 2, 2018 |
S234617
|
Modification: Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. |
Civil Procedure |
|
Feb. 2, 2018 | |
A146573
|
Santa Barbara Channelkeeper v. City of San Buenaventura
Where conservation group alleges water diversion by city is unreasonable, cross-complaint joining other diverters is not improper. |
Civil Procedure |
|
A. Tucher | Feb. 1, 2018 |
B278052
|
Tikosky v. Yehuda
Judgment unsatisfied where defendant fails to pay defendant and does not benefit from third party agreement to pay plaintiff judgment amount for property collaterally related to judgment. |
Civil Procedure |
|
V. Chaney | Feb. 1, 2018 |