Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-55611
|
Ayco Farms v. Ochoa
Not abuse of discretion for trial court to conduct forum non conveniens analysis by comparing proposed foreign forum with forum where state plaintiff brought claim, rather than with United States as a whole. |
Civil Procedure |
|
P. Curiam (9th Cir.) | Jul. 11, 2017 |
A148351
|
Kumari v. The Hospital Committee for the Livermore-Pleasanton Areas
In medical malpractice action, letter sent by plaintiff’s attorney stating intent to sue cannot toll statute of limitations given plaintiff’s earlier letter expressing such intent. |
Civil Procedure |
|
B. Jones | Jul. 10, 2017 |
15-16011
|
Seneca Insurance Co. Inc. v. Strange Land Inc.
Application of ‘Colorado River’ abstention inappropriate where insurance dispute was not ‘exceptional’ to warrant disregarding federal court’s ‘virtually unflagging obligation’ to exercise its jurisdiction. |
Civil Procedure |
|
K. Wardlaw | Jul. 6, 2017 |
15-70754
|
International Brotherhood of Teamsters v. U.S. Department of Transportation
Court cannot properly review petitions challenging agency's decisions where an agency's actions are 'committed to agency discretion by law.' |
Civil Procedure |
|
K. Wardlaw | Jun. 30, 2017 |
B280805
|
City of Pasadena v. Superior Court
Plaintiff must file suit within six months from cause of action Under Government Code Section 911.2 where 'accrual' means 'ripeness' to sue. |
Civil Procedure |
|
N. Manella | Jun. 28, 2017 |
H041035
|
SJJC Aviation Services LLC v. City of San Jose (Signature Flight Support Corp.)
Fixed base operator unsuccessful in challenging city's decision to award lease and operating agreement to develop airport facilities to competitor. |
Civil Procedure |
|
F. Elia | Jun. 22, 2017 |
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
Jun. 14, 2017 | |
15-457
|
Microsoft Corp. v. Baker
Federal courts of appeal lacks jurisdiction to review order striking class allegations because plaintiffs' 'voluntary-dismissal' tactic does not amount to 'final decision.' |
Civil Procedure |
|
Jun. 12, 2017 | |
D071323
|
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition. |
Civil Procedure |
|
Jun. 8, 2017 | |
16-605
|
Town of Chester v. Laroe Estates Inc.
Intervenors of right must establish Article III standing if they wish to pursue relief not requested by plaintiff. |
Civil Procedure |
|
Jun. 5, 2017 | |
S219567
|
Weatherford v. City of San Rafael
Standing to maintain action to enjoin alleged illegal expenditure of public funds not limited to plaintiffs who have paid property taxes in relevant jurisdiction. |
Civil Procedure |
|
Jun. 5, 2017 | |
B270513
|
Hart v. Darwish
Malicious prosecution filed by tenants against property owners properly dismissed under 'interim adverse judgment' rule even though tenants prevailed in underlying unlawful detainer action. |
Civil Procedure |
|
Jun. 4, 2017 | |
D071323
|
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition. |
Civil Procedure |
|
Jun. 1, 2017 | |
B267358
|
Chango Coffee, Inc. v. Applied Underwriters, Inc.
Orders under Code of Civil Procedure Section 1008(b) are not appealable. |
Civil Procedure |
|
May 31, 2017 | |
16-405
|
BNSF Railway Co. v. Tyrrell
Miles of track and employees does not make BNSF Railway 'at home' in Montana, for general jurisdiction purposes; FELA's 'doing business' statute does not provide jurisdiction but rather refers to venue |
Civil Procedure |
|
May 31, 2017 | |
15-16783
|
Corona-Contreras v. Gruel
Absent motion to remand, district court lacks authority to remand case to state court sua sponte based on procedural defect. |
Civil Procedure |
|
May 30, 2017 | |
15-55432
|
Resh v. China Agritech Inc.
Plaintiffs, who were unnamed class members in prior would-be class actions, are not time-barred from bringing subsequent class action. |
Civil Procedure |
|
May 25, 2017 | |
A147954
|
Guarantee Forklift Inc. v. Capacity of Texas Inc.
Vehicle franchisee has standing to bring suit against franchisor for termination of franchise despite lack of dealer's license. |
Civil Procedure |
|
May 25, 2017 | |
A147522
|
Grappo v. McMills
Default judgment should never have been entered in plaintiff's favor, serving as reminder to courts to properly apply gatekeeper function. |
Civil Procedure |
|
May 24, 2017 | |
16-254
|
Water Splash Inc. v. Menon
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters permits service by mail. |
Civil Procedure |
|
May 23, 2017 | |
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
May 19, 2017 | |
17-15499
|
Broadway Grill Inc. v. Visa Inc.
'Benko' does not allow plaintiff to defeat CAFA's minimal diversity requirement by amending complaint to completely alter class definition. |
Civil Procedure |
|
May 19, 2017 | |
14-56382
|
Amphastar Pharmaceuticals Inc. v. Aventis Pharma SA
Qui tam suit brought under False Claims Act accusing competitor of committing fraud against the federal government properly dismissed for lack of jurisdiction. |
Civil Procedure |
|
May 12, 2017 | |
B277725
|
Ford Motor Warranty Cases
Coordination trial judge errs in refusing to add 467 substantively indistinguishable lemon law cases to the coordination proceeding. |
Civil Procedure |
|
May 9, 2017 | |
B271408
|
Yolanda’s Inc. v. Kahl & Goveia Commercial Real Estate
Judgment creditor may ask third party about location of assets during third party judgment creditor examination even though third party no longer possessed properties in dispute. |
Civil Procedure |
|
May 4, 2017 | |
H043648
|
Fox Factory Inc. v. Superior Court (Isherwood)
'Seriously inconvenient forum' standard is inappropriate in forum non conveniens consideration in tort action involving Canadian plaintiff and California defendant. |
Civil Procedure |
|
May 1, 2017 | |
14-17434
|
Prather v. Sprint Communications Inc.
Purported whistleblower cannot share in government's settlement of False Claims Act action against telecommunications companies because he has no right to intervene in action. |
Civil Procedure |
|
May 1, 2017 | |
B270580
|
Marina Pacifica Homeowners v. Southern Cal. Fin. Corp.
Amendments to Civil Code section does not make transfer fee unenforceable, due to savings clause that keeps fees at issue enforceable |
Civil Procedure |
|
Apr. 25, 2017 | |
B271350
|
Urban Wildlands Group v. City of L.A.
Civil procedure statute allowing courts to vacate rulings as a result of attorney error applies strictly to default judgments and dismissals. |
Civil Procedure |
|
Apr. 17, 2017 | |
15-15362
|
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates. |
Civil Procedure |
|
Apr. 17, 2017 |