Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B259375
|
1Drexler v. Petersen
Disputed issues of material fact regarding whether plaintiff discovered injury relating to undiagnosed brain tumor within statute of limitations requires reversal of summary judgment in doctors' favor. |
Civil Procedure |
|
Nov. 1, 2016 | |
D063556
|
Bigler-Engler v. Breg, Inc.
Noneconomic damages award suggests prejudiced motivation on jury's part due to inflammatory remarks made by plaintiff's counsel. |
Civil Procedure |
|
Oct. 30, 2016 | |
B264002
|
Wolf Metals Inc. v. Rand Pacific Sales Inc.
In case involving default judgment, debtor-company's president improperly named as additional judgment debtor based on 'alter ego' theory. |
Civil Procedure |
|
Oct. 26, 2016 | |
G050577
|
Mealing v. Diane Harkey for Board of Equalization 2014
Creditor seeking to collect judgment may not obtain restraining order barring payments to judgment debtor's wife where wife is not 'judgment debtor' under statute. |
Civil Procedure |
|
Oct. 25, 2016 | |
13-56157
|
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction. |
Civil Procedure |
|
Oct. 23, 2016 | |
G052218
|
Nava v. Saddleback Memorial Medical Center
Negligence action brought by patient who fell off gurney while at hospital properly barred as untimely, where one-year, rather than two-year, statute of limitations applies. |
Civil Procedure |
|
Oct. 19, 2016 | |
14-56443
|
M.D. v. Newport-Mesa Unified School District
Motion for relief from judgment erroneously denied where two-day delay in filing amended complaint was excusable under 'Pioneer' factors. |
Civil Procedure |
|
Oct. 19, 2016 | |
B266650
|
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district. |
Civil Procedure |
|
Oct. 19, 2016 | |
B266350
|
Huang v. Bicycle Casino, Inc
Shuttle operated for select casino patrons may be subject to higher duty of care owed by operators of 'common carriers' in suit stemming from injury caused during boarding. |
Civil Procedure |
|
Oct. 19, 2016 | |
G052207
|
Nguyen v. Applied Medical Resources Corp
'Sandquist' requires arbitrator, not court, to decide availability of class arbitration, where employment contract is ambiguous on the question. |
Civil Procedure |
|
Oct. 17, 2016 | |
B266650
|
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district. |
Civil Procedure |
|
Oct. 13, 2016 | |
G053068
|
Verio Healthcare Inc. v. Superior Court (SG Homecare Inc.)
Defendants, represented by legislator-attorney, not entitled to stay of litigation where statutes permitting such stays for legislator-attorneys are unconstitutional to the extent they mandate stay. |
Civil Procedure |
|
Oct. 13, 2016 | |
B266681
|
GoTek Energy Inc. v. SoCal IP Law Group LLP
Law firm escapes malpractice action relating to failure to timely file patent applications due to client's failure to comply with statute of limitations. |
Civil Procedure |
|
Oct. 12, 2016 | |
B260715
|
Markow v. Rosner
Independently contracted doctor not 'ostensible agent' of Cedars-Sinai, protecting hospital fault in negligence and loss of consortium claim. |
Civil Procedure |
|
Oct. 5, 2016 | |
B262485
|
Wertheim LLC v. Omidvar
Lender's attempt to allocate fees paid to interpleaders properly denied where other party had colorable claim in underlying action. |
Civil Procedure |
|
Oct. 2, 2016 | |
B271508
|
Doe v. Superior Court (Nikolay)
In Civil Code Section 1708.85 action, inadvertent disclosure of John Doe's true name on court website does not obviate the need to refer to him by a pseudonym. |
Civil Procedure |
|
Oct. 2, 2016 | |
B268130
|
Licudine v. Cedars-Sinai Medical Center
Economic damages unsupported by evidence calls for new trial as trial court's ruling on statistic regarding possible future earning for plaintiff excluded at close of evidence. |
Civil Procedure |
|
Oct. 2, 2016 | |
D068939
|
City of San Diego v. San Diegans for Open Government
Corporation that files answer in validation action knowing it is a suspended corporation is not entitled to attorney fees under Code of Civil Procedure section 1021.5. |
Civil Procedure |
|
Sep. 22, 2016 | |
B275603
|
Rothstein v. Superior Court (Peymaneh Rothstein)
Peremptory challenge to judge brought under Code of Civil Procedure section 170.6 in case related to earlier-filed case does not require transfer of both cases. |
Civil Procedure |
|
Sep. 19, 2016 | |
14-60007
|
In re Tract Gut, LLC
Procedural safeguards that attend state tax sales of repossessed properties make dismissal without leave to amend proper, where bankruptcy complainant's lone contention was that the received price was too low. |
Civil Procedure |
|
Sep. 8, 2016 | |
13-56157
|
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction. |
Civil Procedure |
|
Sep. 7, 2016 | |
A143187
|
Minick v. City of Petaluma
Motion for discretionary relief from judgment affirmed under Code of Civil Procedure section 473(b) on grounds of excusable neglect due to attorney's cognitive impairment. |
Civil Procedure |
|
Sep. 6, 2016 | |
S221038
|
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
Bristol-Myers' substantive operations in California sufficient to confer specific jurisdiction, allowing nonresidents to pursue products liability claims involving the drug Plavix. |
Civil Procedure |
|
Aug. 29, 2016 | |
15-17134
|
Akina v. State of Hawaii
Changed circumstances surrounding Native Hawaiians' efforts to pursue self-governance moots Hawaiian residents' appeal over failed injunction request that sought to thwart such efforts. |
Civil Procedure |
|
Aug. 29, 2016 | |
B263945
|
Randall v. Mousseau
Court abuses discretion in denying plaintiff's motion for a settled statement and consequently, her right to appeal, but failure to seek timely review renders issue forfeited. |
Civil Procedure |
|
Aug. 24, 2016 | |
14-55916
|
Polo v. Innoventions International LLC
Upon determining it lacks jurisdiction, district court should remand, rather than dismiss, putative class action to state court. |
Civil Procedure |
|
Aug. 18, 2016 | |
C074663
|
Sese v. Wells Fargo Bank N.A.
Appeal over order denying interim attorney fees under California Homeowner Bill of Rights, Civil Code Section 2424.12, dismissed as nonappealable interlocutory order. |
Civil Procedure |
|
Aug. 18, 2016 | |
E064710
|
Pulte Homes Corp. v. Williams Mechanical Inc.
Trial court abuses discretion by ruling that defunct corporation entitled to set aside default, resulting in reinstatement of default and default judgment. |
Civil Procedure |
|
Aug. 11, 2016 | |
A143765
|
Borrayo v. Avery
Summary judgment in favor of doctor reversed where court abuses discretion in excluding declaration of plaintiff's expert witness because he did not practice medicine in United States. |
Civil Procedure |
|
Aug. 11, 2016 | |
B266930
|
Ignacio v. Caracciolo
Defendant may not recover costs under Code of Civil Procedure Section 998's cost-shifting provision because her pretrial Section 998 settlement offer was invalid. |
Civil Procedure |
|
Aug. 4, 2016 |