Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-17498
|
Daewoo Electronics American v. OPTA
New Jersey state law doctrine meant to preserve judicial resources does not have preclusive effect on suit filed in California federal court. |
Civil Procedure |
|
N. Smith | Nov. 28, 2017 |
G054056
|
Laboratory Specialists International v. Shimadzu Scientific etc.
Dismissal affirmed where party who raises improper forum objection when he or she demurs does not forfeit improper forum issue. |
Civil Procedure |
|
R. Aronson | Nov. 27, 2017 |
B271562
|
Shahbazian v. City of Rancho Palos Verdes
Trial court properly denies city's attempt to use anti-SLAPP motion to dismiss claim over permitting decision. |
Civil Procedure |
|
J. Segal | Nov. 27, 2017 |
B275224
|
Los Globos Corp. v. City of Los Angeles
Demurrer properly sustained without leave to amend where party fails to exhaust administrative remedies. |
Civil Procedure |
|
J. Johnson | Nov. 22, 2017 |
D071264
|
Hefczyz v. Rady Children's Hosp.
California class action requirements apply to suits requesting only declaratory judgment; California courts should only look to FRCP rule 23 rules in the absence of relevant state precedent. |
Civil Procedure |
|
J. Irion | Nov. 20, 2017 |
B259967
|
Williams v. Superior Court (Marshalls of CA LLC)
Order |
Civil Procedure |
|
V. Chaney | Nov. 17, 2017 |
D072046
|
Curtis Engineering Corp. v. Superior Court (Sutherland)
Demurrer improperly sustained, where relation-back doctrine cannot save plaintiff from noncompliance with statutory deadline for filing required certificate of merit. |
Civil Procedure |
|
Nov. 17, 2017 | |
G054358
|
Yelp, Inc. v. The Superior Court of Orange County
A website has standing under 'Glassdoor' to assert the First Amendment rights of an anonymous reviewer. |
Civil Procedure |
|
K. O'Leary | Nov. 14, 2017 |
D070723
|
Padron v. Watchtower Bible and Tract Society of New York
Court may impose 'hefty' monetary sanction on litigant where litigant repeatedly fails to comply with court's order. |
Civil Procedure |
|
R. Huffman | Nov. 13, 2017 |
G053909
|
Diaz v. Professional Community Management, Inc.
A party which invites the trial court to commit an error is estopped from challenging that error on appeal. |
Civil Procedure |
|
R. Ikola | Nov. 10, 2017 |
16-658
|
Hamer v. Neighborhood Housing Services of Chicago
Federal Rule of Appellate Procedure 4(a)(5)(C)'s 30-day limitation on extensions for filing of notice of appeal erroneously treated as jurisdictional, reviving plaintiff's appeal. |
Civil Procedure |
|
R. Ginsburg | Nov. 9, 2017 |
A150854
|
Dow Agrosciences LLC v. Superior Court (Center for Environmental Health)
Motion to transfer venue from Alameda County to Kern County erroneously denied where defendant's alleged failure to warn arose in Kern County. |
Civil Procedure |
|
I. Ruvolo | Nov. 7, 2017 |
C080264
|
Fernandes v. Singh
Principal factor in awarding punitive damages, reprehensibility, demonstrated where defendants rented uninhabitable apartment and evicted complaining tenant without notice. |
Civil Procedure |
|
E. Duarte | Nov. 6, 2017 |
16-15742
|
Mendia v. Garcia
Motion for limited remand of interlocutory appeal granted where parties did not move for indicative ruling, but district court indicated in its order that it would grant relief requested. |
Civil Procedure |
|
R. Tallman | Nov. 6, 2017 |
S234269
|
Modification: Rubenstein v. Doe No. 1
Child sex abuse victim's action against public entity untimely filed despite 'delayed discovery rule' where rule has no affect on government claims presentment deadline. |
Civil Procedure |
|
Nov. 3, 2017 | |
A147384
|
Denton v. City and County of San Francisco
Denial of plaintiff's motion for continuance and new trial warrants reversal where ruling 'falls outside...bounds of reason.' |
Civil Procedure |
|
J. Richman | Oct. 31, 2017 |
D017244
|
YDM Management Co. Inc. v Sharp Community Medical Group Inc.
Company that acquired medical provider's accounts receivables not entitled to additional reimbursement where it failed to establish services rendered were for emergency. |
Civil Procedure |
|
C. Aaron | Oct. 26, 2017 |
D070390A
|
Kendall v. Scripps Health
Denial of class certification appropriate where administrative cost to identify class is so substantial that it renders potential class benefits de minimis. |
Civil Procedure |
|
R. Huffman | Oct. 25, 2017 |
Comerica Bank v. Runyon (Facciuto)
Debtor's application for contribution from judgment co-debtors improperly denied as untimely although creditor had not filed acknowledgment, rendering judgment not fully satisfied. |
Civil Procedure |
|
R. Ikola | Oct. 24, 2017 | |
D072046
|
Curtis Engineering Corp. v. Superior Court (Sutherland)
Demurrer improperly sustained, where relation-back doctrine cannot save plaintiff from noncompliance with statutory deadline for filing required certificate of merit. |
Civil Procedure |
|
G. Nares | Oct. 24, 2017 |
A150567
|
Lyons v. Colgate-Palmolive Company
Summary judgment reversed where expert testimony provides triable issue of material fact. |
Civil Procedure |
|
S. Pollak | Oct. 23, 2017 |
17-56335
|
Brinkley v. Monterey Financial Services Inc.
Plaintiff cannot remand otherwise valid Class Action Fairness Act case to state court where only portion of class meets two-thirds citizenship requirement. |
Civil Procedure |
|
M. Smith | Oct. 23, 2017 |
D070414
|
Doe v. San Diego-Imperial Council
Reversal of attorney fees award to defendants required, where attorney fees statute governing childhood sex abuse requires favorable conclusion on the merits rather than procedural victory. |
Civil Procedure |
|
C. Aaron | Oct. 18, 2017 |
B266118
|
Wiseman Park LLC v. Southern Glazer's Wine and Spirits LLC
Demurrer improperly sustained, where trial court erroneously concludes that California Department of Alcoholic Beverage Control has exclusive jurisdiction over commercial disputes between licensees. |
Civil Procedure |
|
A. Goodman | Oct. 13, 2017 |
D071353
|
Modification: Higgins v. Superior Court (Cabandong)
Automatic bankruptcy stay that applied to claims against debtor-codefendant does not apply to claims against nondebtor-defendant, making service to nondebtor-defendant untimely and subject to dismissal. |
Civil Procedure |
|
Oct. 2, 2017 | |
D071353
|
Higgins v. Superior Court (Cabandong)
Automatic bankruptcy stay that applied to claims against debtor-codefendant does not apply to claims against nondebtor-defendant, making service to nondebtor-defendant untimely and subject to dismissal. |
Civil Procedure |
|
T. O'Rourke | Sep. 29, 2017 |
C079354
|
Davis Test Only Smog Testing v. Dept. of Consumer Affairs etc.
Administrative ruling not rendered void because party chose to be represented by nonattorney. |
Civil Procedure |
|
G. Nicholson | Sep. 29, 2017 |
A148849
|
URS Corp. v. Atkinson/Walsh Joint Venture
Appeal of order disqualifying counsel automatically stays enforcement of that order, but not of all trial court proceedings. |
Civil Procedure |
|
P. Curiam (Cal Courts of Appeal) | Sep. 28, 2017 |
D071752
|
Oregon State University v. Superior Court
Order overruling demurrer based on Oregon’s claims notice provision vacated where Oregon’s provision does not conflict with California policy. |
Civil Procedure |
|
J. McConnell | Sep. 28, 2017 |
14-35506
|
Howard v. City of Coos Bay
Subsequent claim based on new facts not barred where claim preclusion is inapplicable to claims that arise after operative complaint is filed. |
Civil Procedure |
|
D. O'Scannlain | Sep. 26, 2017 |