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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Fields v. Twitter Inc.
Anti-Terrorism Act provision requiring plaintiff to show injury by reason of international terrorist act requires plaintiff to show direct relationship between injuries and acts of defendant. 		Civil Procedure 9th Feb. 1, 2018
Sierra Palms Homeowners Assoc. v. Metro Gold Line
Ruling denying leave to amend reversed where plaintiff shows on appeal that complaint can be amended. 		Civil Procedure 2DCA/7 Jan. 31, 2018
Hernandez v. Restoration Hardware, Inc.
Per longstanding precedent, unnamed class member must either timely intervene or move to set aside or vacate trial court judgment in order to secure right to appeal. 		Civil Procedure 4DCA/1 Jan. 30, 2018
Artus v. Gramercy Towers Condominium Association
Declaratory relief properly denied where assertion by plaintiff for relief not actual controversy. 		Civil Procedure 1DCA/1 Jan. 26, 2018
Hamamoto v. Ige
Potential repetition exception to mootness inapplicable to controversy of inherently limited duration where plaintiffs fail to show that expedited review of case is unavailable. 		Civil Procedure 9th Jan. 26, 2018
In re Hyundai and Kia Fuel Economy Litigation
Where class representatives fail to show it is reasonable to assume that all members were exposed to misleading advertisements of defendants, reversal required. 		Civil Procedure 9th Jan. 24, 2018
Artis v. District of Columbia
Tolling provision in 28 U.S.C. Section 1367(d) suspends the relevant statute of limitations period while a state claim is pending in federal court. 		Civil Procedure USSC Jan. 23, 2018
3123 SMB LLC v. Horn
Dismissal for lack of diversity jurisdiction reversed where recently-formed holding company is deemed to have its principal place of business in state where company holds its board meetings. 		Civil Procedure 9th Jan. 18, 2018
Rasmussen v. Lazarus
Plea in abatement that wrongful death suit, brought prior to murder conviction, was premature is waived when not brought in initial answer. 		Civil Procedure 2DCA/8 Jan. 10, 2018
Burkhalter Kessler Clement & George, LLP v. Hamilton
Attorney fees may be awarded to more than one prevailing party in breach of contract dispute. 		Civil Procedure 4DCA/3 Jan. 9, 2018
Corral v. Select Portfolio Servicing
Amount of indebtedness does not constitute the 'amount in controversy' for purposes of establishing subject matter jurisdiction in an action seeking to stay foreclosure pending review of a loan modification. 		Civil Procedure 9th Dec. 28, 2017
Boyd v. Freeman
A prior judgment based on the statute of limitations is not 'on the merits' for purposes of barring a claim under the doctrine of res judicata. 		Civil Procedure 2DCA/4 Dec. 22, 2017
Santa Clara Waste Water Co. v. Allied World National Assurance Co.
Writ of attachment proper where insurer shows probable validity of unjust enrichment claim, after insurer covers partial clean-up of explosion at insured's chemical plant. 		Civil Procedure 2DCA/6 Dec. 22, 2017
Creed-21 v. City of Wildomar
After a willful discovery rule violation preceded by a history of abuse, terminating sanctions are justified if less severe sanctions would not produce compliance. 		Civil Procedure 4DCA/2 Dec. 21, 2017
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 2DCA/5 Dec. 19, 2017
California-American Water Co. v. Marina Coast Water District
Prevailing parties entitled to contractual attorney fees and costs even though underlying contracts that were basis for fees were declared void. 		Civil Procedure 1DCA/1 Dec. 18, 2017
Duke v. Superior Court (Klis)
Demurrer erroneously sustained without leave to amend on ousted CEO's conversion claim against members of board of director of company she founded. 		Civil Procedure 5DCA Dec. 15, 2017
Baxter v. California State Teachers' Retirement System
California State Teachers' Retirement Systems' action seeking to recoup overpayment of retirement benefits not wholly time-barred; thus, it may continue to pursue recovery action. 		Civil Procedure 6DCA Dec. 13, 2017
Choi v. Sagemark Consulting
Summary judgment in favor of defendants on basis of action's untimeliness affirmed where limitations period commences upon plaintiffs' suspicion of injury. 		Civil Procedure 6DCA Dec. 13, 2017
Howeth v. Coffelt
Order denying postjudgment motion is not appealable where order follows consent judgment. 		Civil Procedure 4DCA/1 Dec. 12, 2017
Dept. of Forestry and Fire Protection v. Howell
Order 		Civil Procedure 3DCA Dec. 12, 2017
Roberts v. AT&T Mobility LLC
Order compelling arbitration affirmed over plaintiffs’ opposition on constitutional grounds where plaintiffs fail to show that defendant’s action is attributable to state. 		Civil Procedure 9th Dec. 12, 2017
ITV Gurney Holdings Inc. v. Gurney
Reinstatement of former CEOs as managers of company's day-to-day operations erroneous based on faulty interpretation of employment and operating agreements. 		Civil Procedure 2DCA/1 Dec. 7, 2017
Dept. of Forestry and Fire Protection v. Howell
Dismissal of case designated as complex litigation reversed where court procedure requiring plaintiffs to make prima facie showing deprives plaintiffs of due process rights. 		Civil Procedure 3DCA Dec. 7, 2017
Bartholomew v. YouTube, LLC
Demurrer affirmed where plaintiff fails to show that allegedly libelous statements referenced plaintiff. 		Civil Procedure 6DCA Dec. 5, 2017
Lopez v. Routt
Asymmetric application of attorney fees awards in FEHA action of equal force with regard to individual defendants as with employer defendants. 		Civil Procedure 2DCA/3 Dec. 1, 2017
Sayta v. Chu
Confidential settlement agreement granting parties power to request trial court retain jurisdiction to enforce settlement is not enough, without any actual request, to preserve subject matter jurisdiction. 		Civil Procedure 1DCA/5 Nov. 30, 2017
Turman v. Superior Court of Orange County
In denying a motion for class action certification, the trial court's reasons must be sufficient to justify the order, and supported by substantial evidence. 		Civil Procedure 4DCA/3 Nov. 30, 2017
Eichenberger v. ESPN Inc.
'Personally identifiable information' within the meaning of the Video Privacy Protection Act of 1988 must include information which can be used to identify an individual. 		Civil Procedure 9th Nov. 30, 2017
F.P. v. Monier
Trial court's failure to issue statement of decision upon request is not error that is reversible per se; instead, error is subject to harmless error review. 		Civil Procedure CASC Nov. 28, 2017
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