Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
13-15256
|
Cabalce v. VSE Corp.
Federal officer removal not warranted where non-military contractor failed to demonstrate government directed destruction of seized fireworks involved in deadly explosion. |
Civil Procedure |
|
Aug. 14, 2015 | |
B233078
|
Darbun Enterprises, Inc. v. San Fernando Comm. Hosp.
In cases involved mixed issues of equity and law, trial court may not act as factfinder on issues it specifically reserves for jury determination. |
Civil Procedure |
|
Aug. 13, 2015 | |
15-55873
|
Briggs et al. v. Merck, Sharp & Dohme
Failure to establish concrete proposal of jointly-tried claim in medical tort case bars removal from state to federal court as 'mass action.' |
Civil Procedure |
|
Aug. 7, 2015 | |
12-35952
|
Belanus v. Clark
Strikes issued under section 1915(g) of 18 U.S.C. apply to dismissed actions, regardless of whether or not filed 'in forma pauperis.' |
Civil Procedure |
|
Aug. 5, 2015 | |
D065201
|
Doe v. San Diego-Imperial Council
Clear statutory language provides that person over 26 who files allegations of childhood sexual assault must first obtain a certificate of merit. |
Civil Procedure |
|
Aug. 3, 2015 | |
15-55878
|
Yocupicio v. PAE Group, Inc.
In employing Class Action Fairness Act to remove case to federal court, amount-in-controversy threshold must be met using only those causes of action that are truly class claims. |
Civil Procedure |
|
Jul. 30, 2015 | |
B255827
|
Klotz v. Milbank, Tweed, Hadley & McCloy
Plaintiffs must abide by Civil Code Section 1714.10's pre-filing requirements to the extent that their conspiracy claim fell within statute. |
Civil Procedure |
|
Jul. 28, 2015 | |
13-35377
|
Dietz v. Bouldin
In first impression review, court justified in re-empanelling jury 'moments' after dismissal to correct verdict error as inquiry satisfies issue of outside influence. |
Civil Procedure |
|
Jul. 26, 2015 | |
H040098
|
Moncrief v. Clark
California attorney's lawsuit against Arizona attorney may proceed after trial court erroneously quashes service of summons for lack of personal jurisdiction. |
Civil Procedure |
|
Jul. 21, 2015 | |
B256988
|
Shaoxing City Maolong Wuzhong Down Products Ltd. v. Jeehn & Associates APC
Legal malpractice lawsuit filed more than one year from date former client suffered 'actual injury' is untimely and not subject to tolling. |
Civil Procedure |
|
Jul. 21, 2015 | |
12-35946
|
Baker v. Microsoft Corp.
It is an error of law and abuse of discretion to strike class action allegations in contravention of applicable precedent. |
Civil Procedure |
|
Jul. 20, 2015 | |
S210804
|
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
Code of Civil Procedure Section 1008 governs renewed application for relief from default judgment under Section 473(b); consequently, failure to meet Section 1008 precludes relief from default judgment. |
Civil Procedure |
|
Jul. 20, 2015 | |
13-35251
|
Ranza v. Nike Inc.
Oregon lacks jurisdiction over Nike's foreign subsidiary where subsidiary lacks sufficient contacts to forum and is not Nike's alter ego. |
Civil Procedure |
|
Jul. 16, 2015 | |
15-15274
|
Akebia Therapeutics Inc. v. FibroGen Inc.
Biopharmaceutical company is an 'interested person' allowed to seek judicial assistance in the discovery of U.S. patents embroiled in patent disputes in foreign tribunals. |
Civil Procedure |
|
Jul. 16, 2015 | |
B251250
|
Siry Investments v. Farkhondehpour
Procedural rule change that occurred between appellate judgment and remittitur bears upon said case; application of changed rule not 'impermissible retroactivity.' |
Civil Procedure |
|
Jul. 12, 2015 | |
E057589
|
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (Target Stores Inc.)
Project opponent not entitled to attorney fees because its CEQA action was not catalyst for city's revocation of project's land use entitlements. |
Civil Procedure |
|
Jul. 7, 2015 | |
G049060
|
Valley Crest Landscape Development Inc. v. Mission Pools of Escondido Inc.
Court erroneously denies jury trial on express indemnity claim which sought reimbursement, i.e. monetary damages, as opposed to equitable remedy of specific performance. |
Civil Procedure |
|
Jul. 5, 2015 | |
C075955
|
Munoz v. City of Tracy
Where parties stipulate to continue trial to a date that is past five-year limit statute, said agreement is sufficient; express waiver of timing statute's protections unnecessary. |
Civil Procedure |
|
Jul. 1, 2015 | |
B253691
|
Eckler v. Neutrogena Corp.
Federal law and regulations preempt plaintiff's claims that sunscreen labels violated California law. |
Civil Procedure |
|
Jul. 1, 2015 | |
G050093
|
Finton Construction Inc. v. Bidna & Keys APLC
Attorneys successfully dismisses claim for receipt of purportedly stolen hard drive in connection with underlying case under anti-SLAPP statute. |
Civil Procedure |
|
Jun. 30, 2015 | |
B256198
|
Ironridge Global IV Ltd. v. ScripsAmerica Inc.
Disentitlement doctrine allows reviewing court to dismiss party's appeal challenging trial court order due to party's repeated violation of same order. |
Civil Procedure |
|
Jun. 30, 2015 | |
F068769
|
Fair v. BNSF Railway Co.
Federal Railroad Safety Act does not preclude injured rail worker's negligence claim under the Federal Employers' Liability Act. |
Civil Procedure |
|
Jun. 30, 2015 | |
B255973
|
West v. Arent Fox
Peremptory writ, rather than appeal, should be filed following grant of anti-SLAPP motion on SLAPPback claims. |
Civil Procedure |
|
Jun. 29, 2015 | |
B244841
|
Parrish v. Latham & Watkins
Upon rehearing, court affirms invocation of "interim adverse judgment rule," based upon denial of summary judgment at lower court level. |
Civil Procedure |
|
Jun. 28, 2015 | |
B254914
|
David v. Medtronic Inc.
Presence of nominal defendant cannot defeat forum non conveniens dismissal where, in absence of nominal defendant, action can and should be pursued in alternative forum. |
Civil Procedure |
|
Jun. 28, 2015 | |
B251182
|
Falk v. Children's Hospital Los Angeles
Tolling applies to class action because summary judgment in prior class action was not based on defect in class itself but on class representative's defective claims. |
Civil Procedure |
|
Jun. 24, 2015 | |
D067455
|
Litt v. Eisenhower Medical Center
Defendant may recover CCP 998 expert fees from plaintiff although co-defendant agreed to indemnify it for litigation costs. |
Civil Procedure |
|
Jun. 21, 2015 | |
B255973
|
West v. Arent Fox
Peremptory writ, rather than appeal, should be filed following grant of anti-SLAPP motion on SLAPPback claims. |
Civil Procedure |
|
Jun. 18, 2015 | |
13-15185
|
Benko v. Quality Loan Service Corp.
Plaintiffs met 'local controversy exception' under Class Action Fairness Act and court abused its discretion in denying plaintiffs leave to amend complaint. |
Civil Procedure |
|
Jun. 18, 2015 | |
G049587
|
Womack v. Lovell
Homeowner is bound by admission that contractor was licensed and was not entitled to nonsuit based on contractor's failure to produce certificate of licensure. |
Civil Procedure |
|
Jun. 16, 2015 |