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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
SCC Acquisitions Inc. v. Superior Court (Western Albuquerque Land Holdings LLC)
Trial court may compel judgment creditor to produce documents in its possession that would aid in enforcing money judgment even if such documents concerned third parties. 		Civil Procedure Jan. 8, 2016
Cuprite Mine Partners LLC v. Anderson et al.
Summary judgment properly granted in favor of those wishing to end cotenancy in mining claims through partition by sale. 		Civil Procedure Jan. 4, 2016
Lanz v. Goldstone
Anti-SLAPP motion properly denied where attorney demonstrates probability of prevailing on malicious prosecution claim against former client's subsequent attorney. 		Civil Procedure Dec. 31, 2015
Garibotti v. Hinkle
Jurisdictional language limiting time frame within which trial court may grant motion for new judgment is mandatory; rulings after said time frame are void. 		Civil Procedure Dec. 31, 2015
Mitchell v. Superior Court (Johnson)
Absent willful omission or violation of a court order, trial court abuses its discretion in excluding party's witness where party failed to identify witness during discovery. 		Civil Procedure Dec. 24, 2015
Ziani Homeowners Association v. Brookfield Ziani LLC (Fadavi)
Timeliness of motion to intervene should be determined based on date movants knew or should have known their interests in litigation were not being adequately represented. 		Civil Procedure Dec. 24, 2015
Pacific Radiation Oncology LLC v. Queen’s Medical Center
Adopting Eighth Circuit rule, relationship must exist between injury claimed in motion for injunctive relief and conduct alleged in underlying complaint. 		Civil Procedure Dec. 23, 2015
Kerkeles v. City of San Jose
Where the difference between an attorney's request for fees, under 42 U.S.C. Section 1988, and the court's award is greater than 10 percent the court is expected to articulate its specific reasoning to allow for meaningful appellate review. 		Civil Procedure Dec. 21, 2015
Jewel v. National Security Agency
District court erroneously certifies claim under FRCP 54(b) involving challenge to government surveillance program where single claim was intrinsically intertwined with several remaining pending issues. 		Civil Procedure Dec. 21, 2015
Mohammad Talaie v. Wells Fargo Bank
2009 Amendment to Truth in Lending Act does not apply retroactively to conduct from 2006. 		Civil Procedure Dec. 15, 2015
Holloway v. Quetel
Where plaintiff fails to submit appropriate supporting documentation, trial court does not err in refusing to enter default judgment for plaintiff and deciding matter in favor of defendants. 		Civil Procedure Dec. 15, 2015
Catalina Island Yacht Club v. Superior Court (Beatty)
Trial court erroneously finds attorney-client privilege waiver based on deficiencies in responding party's privilege log. 		Civil Procedure Dec. 8, 2015
Guess v. Benhardson
Woman cannot claim marital judgment lien over property now owned by couple because ex-spouse owed her zero in support payments at time he encumbered subject property. 		Civil Procedure Dec. 2, 2015
OBB Personenverkehr AG v. Sachs
Mere fact of Eurail pass sale in U.S. does not abrogate sovereign immunity of Austrian railway in U.S. suit brought by Californian for injuries suffered in Austria. 		Civil Procedure Dec. 2, 2015
Sabato v. Brooks
Restraining order properly issued against ex-husband whose faxed opposition papers was, not only against local court rules, but constituted waiver of issue of court's jurisdiction. 		Civil Procedure Nov. 27, 2015
Richtek USA Inc. v. uPI Semiconductor Corp.
Trial court may not utilize judicially-noticed documents in ruling on disputed factual issue concerning statute of limitations. 		Civil Procedure Nov. 26, 2015
Borsuk v. Appellate Division (LA Hillcreste Apartments LLC)
Motion to quash service of summons is not proper vehicle to challenge service of three-day notice in unlawful detainer action. 		Civil Procedure Nov. 25, 2015
Marlton Recovery Partners, LLC v. County of L.A.
Where no triable factual ground exists for opponent of summary judgment, court does not err when ruling for summary judgment upon ground not raised by movant without allowing opponent to respond. 		Civil Procedure Nov. 24, 2015
Ramirez v. County of San Bernardino
Plaintiff should have been allowed to file second amended complaint as matter of course where first amended complaint counted as 'other amendment.' 		Civil Procedure Nov. 24, 2015
FirstMerit Bank v. Reese
Denial of bank's motion requesting assignment in debtor's trust interest is correct where court lacks authority to enter such order. 		Civil Procedure Nov. 23, 2015
Cooper v. Bettinger
Renewal of Cal. Code Civil Procedure Section 527.6(j)(1) civil harassment restraining order is not automatic; court has discretion over whether to renew and duration. 		Civil Procedure Nov. 16, 2015
Buchanan v. Soto
California court may assert personal jurisdiction over deportee concerning allegedly fraudulent transfer of property located near in Southern California. 		Civil Procedure Nov. 9, 2015
Bocanegra v. Jakubowski
Common law prosecutorial immunity extends to claims based on suppression of exculpatory evidence. 		Civil Procedure Oct. 29, 2015
Dhawan v. Biring
Where Section 425.11 statement of damages exceeds those set out in complaint, in context of case not involving personal injury or wrongful death, trial court exceeds jurisdiction to grant default judgment. 		Civil Procedure Oct. 29, 2015
Nunez v. Pennisi
Commercial fisherman's son successfully defeats malicious prosecution claim filed by boat repairman in anti-SLAPP motion. 		Civil Procedure Oct. 28, 2015
Jameson v. Desta
Nonsuit in prison doctor's favor and denial of former prisoner's summary judgment motion is affirmed where prisoner fails to provide reporter's transcript or establish damages. 		Civil Procedure Oct. 21, 2015
Behm v. Clear View Technologies
Plaintiff's failure to provide notice a reasonable time before obtaining punitive damages results in vacated default judgment, although defendant not relieved from underlying default. 		Civil Procedure Oct. 19, 2015
Sharif v. Mehusa
Both sides entitled to attorney fees where plaintiff is prevailing party for one cause of action and defendant is prevailing party for other cause of action. 		Civil Procedure Oct. 16, 2015
Mobile Medical Services etc. v. Rajaram
Anti-SLAPP motion should have been granted; court errs in granting leave to amend where there is no probability plaintiffs will prevail. 		Civil Procedure Oct. 15, 2015
Behm v. Clear View Technologies
Plaintiff's failure to provide notice a reasonable time before obtaining punitive damages results in vacated default judgment, although defendant not relieved from underlying default. 		Civil Procedure Oct. 9, 2015
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