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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
F.E.V. v. City of Anaheim
Ninth Circuit’s en banc opinion is ‘rare circumstance’ that prevents final judgment from having preclusive effect on subsequent suit between same parties. 		Civil Procedure 4DCA/3 Sep. 21, 2017
Association des Éleveurs de Canards et d’Oies du Québec v. Becerra
California’s sales ban on foie gras produced under inhumane practices not preempted by Poultry Products Inspection Act although it effectively banned all foie gras. 		Civil Procedure 9th Sep. 18, 2017
Lambert v. Nutraceutical Corp.
Federal Rule of Civil Procedure petition to appeal court’s decertification order timely filed where rule is non –jurisdictional and thereby subject to equitable tolling. 		Civil Procedure 9th Sep. 18, 2017
Branch Banking and Trust Co. v. D.M.S.I. LLC
Assignee survives debtors’ challenges to judgments in three separate actions entered against debtors on standing, issue preclusion, and other grounds. 		Civil Procedure 9th Sep. 12, 2017
San Luis Rey Racing Inc. v. California Horse Racing Board
Auxiliary stabling facility’s indirect competitive interest in writ’s outcome involving management of horse race funds insufficient to confer standing. 		Civil Procedure 4DCA/1 Sep. 8, 2017
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 CASC Aug. 29, 2017
Cal Sierra Development Inc. v. George Reed Inc.
Res judicata precludes action against licensee following arbitration that resulted in unfavorable judgment for plaintiff where licensee was privy to party that prevailed in arbitration. 		Civil Procedure 3DCA Aug. 24, 2017
Retzloff v. Moulton Parkway Residents' Assn.
Pursuant to Code of Civil Procedure, unless statute specifically provides for attorney fees award, trial court may not award fees as part of cost award. 		Civil Procedure 4DCA/3 Aug. 24, 2017
In re Google Referrer Header Privacy Litigation
Relationship between cy pres recipients and class counsel’s alma maters does not warrant reversal of approval of cy press only settlement in Google privacy class action. 		Civil Procedure 9th Aug. 23, 2017
Miller v. City of Portland
Plaintiff in a 42 U.S.C. Section 1983 action is entitled to attorney’s fees where plaintiff accepted a Rule 68 offer which plainly stated that plaintiff would receive reasonable attorney’s fees. 		Civil Procedure 9th Aug. 23, 2017
Montanore Minerals Corp. v. Bakie
District court abuses discretion in failing to stay federal case in deference to pending state court proceedings. 		Civil Procedure 9th Aug. 17, 2017
Williby v. Aetna Life Insurance Co.
In ERISA action, review of plan administrator’s denial of short-term disability benefits to Boeing’s employee under wrong standard warrants remand. 		Civil Procedure 9th Aug. 16, 2017
Sviridov v. City of San Diego
In wrongful termination action, city-employer properly awarded costs where plaintiff rejects multiple settlement offers and fails to obtain more favorable result. 		Civil Procedure 4DCA/1 Aug. 16, 2017
PGA West Residential Association Inc. v. Hulven International Inc.
Demurrer improperly overruled, where allegedly fraudulent acts are governed by Uniform Fraudulent Transfer Act’s seven year statute of repose. 		Civil Procedure 4DCA/2 Aug. 11, 2017
Ayala v. Dawson
Collateral estoppel bars tenant from asserting fraud claim in action filed against landlord because it was identical to his fraud defense in unlawful detainer action. 		Civil Procedure California Courts of Appeal Aug. 7, 2017
Goncalves v. Rady Childrens Hospital San Diego
In resolving dispute over whether insured’s motion to expunge insurance carrier’s subrogation lien is properly in state or federal court, remand reversed because action properly filed in federal court. 		Civil Procedure 9th Aug. 3, 2017
Kaiser Foundation Health Plan Inc. v. Superior Court (Prime Healthcare La Palma LLC)
Judgment confirming arbitration panel’s partial final award is not appealable, resulting in peremptory writ of mandate directing trial court to vacate judgment. 		Civil Procedure California Courts of Appeal Aug. 2, 2017
Mull v. Motion Picture Industry Health Plan
Reimbursement, recoupment provisions outlined in Summary Plan Description are part of ERISA plan by ‘clear design’ and district court errs in concluding otherwise. 		Civil Procedure 9th Aug. 2, 2017
Rush v. White Corp.
Trial court does not abuse its discretion in granting defendants’ motion for summary judgment based on plaintiffs’ non-complying separate statement. 		Civil Procedure California Courts of Appeal Aug. 1, 2017
Ewald v. Nationstar Mortgage LLC
Due to counsel’s ‘egregious violations of basic appellate norms’ with respect to duty to properly brief case, judgment in defendant’s favor affirmed without discussion of merits. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
Conroy v. Wells Fargo Bank
'Biakanja’ test for determining duty of care is inapplicable where a contractual relationship exists. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
The Estuary Owners Association v. Shell Oil Co.
Condominium owners successful in challenging application of 10-year statute of repose to claims involving latent construction defects in case alleging nuisance against oil company. 		Civil Procedure California Courts of Appeal Jul. 28, 2017
Hoggett v. University of Phoenix
Motion to amend or alter judgment under Federal Rule of Civil Procedure 59(e) must request ‘substantive change of mind by the court.’ 		Civil Procedure 9th Jul. 26, 2017
Alvarez v. Seaside Transportation Services LLC
The plaintiff bears the burden of showing the existence of a triable material fact where the 'Privette' doctrine presumption affects the burden of producing evidence pursuant to Evidence Code 603. 		Civil Procedure California Courts of Appeal Jul. 24, 2017
Cummings v. Dessel
Court’s incorrect judgment affirmed where appellant fails to show that ‘absent the error, the appellant would have obtained a more favorable result.’ 		Civil Procedure California Courts of Appeal Jul. 21, 2017
ZL Technologies v. Doe
Where libel plaintiff seeks anonymous defendant's identity from third-party review site, plaintiff must make a prima facie libel showing, and court must consider equitable factors, but no final balancing test is required. 		Civil Procedure California Courts of Appeal Jul. 21, 2017
Lehman v. Nelson
Award in ERISA dispute involving allegedly illegally withheld employer contributions overturned where complaint failed to give requisite notice under FRCP 8(a)(2). 		Civil Procedure 9th Jul. 17, 2017
Alfaro v. Johnson
Habeas petitioner’s claim is barred where petitioner fails to exhaust available court remedies. 		Civil Procedure 9th Jul. 17, 2017
United States v. Sierra Pacific Industries Inc.
Defendants not entitled to relief from judgment based on government’s fraud on court where alleged ‘trail of fraud’ was known prior to parties’ settlement. 		Civil Procedure 9th Jul. 14, 2017
Williams v. Superior Court (Marshalls CA LLC)
“Good cause” not required in order to gather information about potential PAGA action class members, where opposing party has burden to show relevancy of information requested. 		Civil Procedure CASC Jul. 14, 2017
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