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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Hawkins v. SunTrust Bank
Court correctly rules that wrongful foreclosure action alleging improper service barred by res judicata arising from South Carolina judicial foreclosure judgment. 		Civil Procedure Apr. 7, 2016
Scheer v. Kelly
Attorney's facial challenge to State Bar's disciplinary provision enacted in 1991 not time-barred by 9th Circuit ruling applying 2-year limitations period in Takings-Clause-related cases; yet claim fails on merits. 		Civil Procedure Apr. 5, 2016
Kirchmeyer v. Phillips
Medical Board cannot compel production of patient's treatment records in investigating psychiatrist accused of engaging in inappropriate sexual relations with patient. 		Civil Procedure Mar. 30, 2016
Rubenstein v. Doe 1
Victim's action against public entity is timely though filed years after the occurrence of alleged sexual abuse by high school coach. 		Civil Procedure Mar. 24, 2016
Schermer v. Tatum
Denial of class certification affirmed where there is no reasonable possibility plaintiffs can satisfy community of interest requirement for class certification. 		Civil Procedure Mar. 21, 2016
Tenet Healthsystem Desert Inc. v. Blue Cross of California
Hospital's detailed allegations of fraud and misrepresentation claims against Anthem Blue Cross improperly dismissed via demurrer. 		Civil Procedure Mar. 18, 2016
Hernandez v. Restoration Hardware Inc.
Class member who appeared, but did not otherwise take any steps to become named party in consumer class action, lacks standing to appeal judgment. 		Civil Procedure Mar. 15, 2016
deSaulles v. Community Hospital of the Monterey Peninsula
Party who agreed to dismiss claims in exchange for monetary settlement is prevailing party for purposes of awarding mandatory costs under California Code of Civil Procedure Section 1032(a)(4). 		Civil Procedure Mar. 11, 2016
Americold Realty Trust v. ConAgra Foods Inc.
For purposes of diversity of citizenship jurisdiction, a 'real estate investment trust' takes the citizenship of each of its members. 		Civil Procedure Mar. 8, 2016
Mooney v. Superior Court (Mooney)
Trial court's failure to rule on petitioner's motion for settled statement under Rule 8.137 of the California Rules of Court constitutes an abuse of discretion. 		Civil Procedure Mar. 7, 2016
Toste v. CalPortland Construction
Defense judgment affirmed except as to award of expert witness fees under Code of Civil Procedure Section 998 for fees incurred before offer to compromise. 		Civil Procedure Mar. 3, 2016
Bae v. T.D. Service Co.
Court correctly sets aside default and default judgment against trustee in action relating to nonjudicial foreclosure sale based on equitable doctrine of extrinsic mistake. 		Civil Procedure Feb. 29, 2016
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation. 		Civil Procedure Feb. 29, 2016
Gaines v. Fidelity National Title Insurance Co.
Dismissal upheld; period during which action is stayed for mediation does not toll five-year period within which to bring action to trial. 		Civil Procedure Feb. 26, 2016
Sarver v. Chartier
Army Sergeant's 'right of publicity' claim relating to Oscar-winning film 'The Hurt Locker' properly dismissed pursuant to California's anti-SLAPP statute. 		Civil Procedure Feb. 18, 2016
Gastelum v. Remax International Inc.
Defendants' appeal of order lifting litigation stay is nonappealable order that must be dismissed. 		Civil Procedure Feb. 16, 2016
Austin v. Los Angeles Unified School District
Motion for post-judgment relief under Code of Civil Procedure Section 473(b) does not require movant to file motion under penalty of perjury. 		Civil Procedure Feb. 11, 2016
San Diego Municipal Employees Association v. City of San Diego
Labor unions unsuccessful in challenging denial of attorney fees under private attorney general act where they fail to demonstrate their involvement was necessary. 		Civil Procedure Feb. 10, 2016
Perry v. Bakewell Hawthorne LLC
Plaintiff's expert declarations properly excluded where plaintiff unreasonably failed to disclose expert witness information with defendants. 		Civil Procedure Feb. 4, 2016
Martin Potts and Associates Inc. v. Corsair LLC
Attorney's affidavit attesting default and default judgment was caused by him need not explain reasons for mistake, inadvertence, surprise, or neglect for court to grant relief. 		Civil Procedure Feb. 1, 2016
Epic Medical Management LLC v. Paquette
Judgment confirming arbitrator's award in favor of medical management company upheld where illegality of contract not reviewable, and even if it were, was not illegal. 		Civil Procedure Feb. 1, 2016
Co. of Santa Clara v. Escobar
Where county seeks statutorily-granted right of recovery against tortfeasor for care rendered to tort victim, county's right of action not barred when tort victim's suit fails to satisfy amount owed to county. 		Civil Procedure Feb. 1, 2016
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation. 		Civil Procedure Jan. 29, 2016
Rey Sanchez Investments v. Superior Court (PCH Enterprises Inc.)
Petitioner successfully vacates order denying motion to expunge writ of mandate where lis pendens was 'void and invalid' due to lack of proof of service. 		Civil Procedure Jan. 28, 2016
Bucur v. Ahmad
Grant of additional sanctions against plaintiffs and their trial counsel warranted based on frivolous appeal. 		Civil Procedure Jan. 27, 2016
James v. Boise
The Idaho Supreme Court is bound by the US Supreme Court's interpretation of a federal statute. 		Civil Procedure Jan. 25, 2016
Castillo v. DHL Express (USA) et al.
Five-year period to bring a case to trial is automatically tolled under California Code of Civil Procedure Section 1775.7(b) only if mediation is through court-annexed program. 		Civil Procedure Jan. 19, 2016
Kelly v. Orr
In legal malpractice suit involving trust, statute of limitations does not bar claim of successor trustee against prior's trustee's legal counsel, where successor trustee pled that prior trustee had been represented by defendants within one year of malpractice suit. 		Civil Procedure Jan. 13, 2016
Bravo v. City of Santa Maria
Cost awards in Section 1983 suits resemble attorneys' fee awards and, thus, should be offset by costs paid by settling co-defendant. 		Civil Procedure Jan. 13, 2016
The Center for Auto Safety v. Chrysler Group LLC
Public access to filed motions hinges on whether motion is more than tangentially related to merits of underlying case, and not on whether such motion was dispositive. 		Civil Procedure Jan. 12, 2016
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