Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G050294
|
Miles v. Deutsche Bank
Demurrer and grant of summary judgment must be reversed where mortgagor adequately stated his claims and court incorrectly applied contract rather than tort measure of damages on wrongful disclosure claim. |
Civil Procedure |
|
Apr. 30, 2015 | |
C076759
|
Cholakian & Associates v. Superior Court (McDonold)
In multi-defendant case filed in wrong venue, answer must be filed by all defendants before trial court may consider opposition to motion to transfer venue. |
Civil Procedure |
|
Apr. 29, 2015 | |
A133252
|
People ex. Rel. California Dept. of Transportation v. Hansen’s Truck Stop Inc.
Property owner may be entitled to recover litigation expenses related to eminent domain action state instituted for purposes of building highway interchange. |
Civil Procedure |
|
Apr. 27, 2015 | |
15-35162
|
Jocelyn Allen v. The Boeing Company
Local single event exception under CAFA does not apply where Plaintiffs claims are against different defendants for separate activities. |
Civil Procedure |
|
Apr. 27, 2015 | |
13-55413
|
Seismic Reservoir 2020 Inc. v. Paulsson
Shareholder’s counterclaim fails because relief sought under Alberta Business Corporations Act could only be enforced in designated tribunal—in Alberta, Canada. |
Civil Procedure |
|
Apr. 27, 2015 | |
E058139
|
Anderson v. Geist
Execution of arrest warrant by peace officers not activity protected by anti-SLAPP statute. |
Civil Procedure |
|
Apr. 23, 2015 | |
D066959
|
Flethez v. San Bernardino County Employees Retirement Association
Former county employee is not entitled to prejudgment interest on retroactive disability retirement benefits that have not yet vested. |
Civil Procedure |
|
Apr. 22, 2015 | |
E057790
|
Pasternack v. McCullough
Attorney successfully defeats malicious prosecution action where complainant failed to show underlying action terminated in his favor. |
Civil Procedure |
|
Apr. 19, 2015 | |
14-72343
|
In re County of Orange
Federal court sitting in diversity should have applied more protective state law instead of federal law to evaluate validity of pre-dispute jury trial waiver. |
Civil Procedure |
|
Apr. 16, 2015 | |
13-50381
|
U.S. v. Gonzalez Becerra
Sentencing Guideline commentary defining ‘victims’ of mail theft is compatible with the term ‘victims’ in U.S.S.G. §2B1.1. |
Civil Procedure |
|
Apr. 14, 2015 | |
B256050
|
People v. Diaz
Motion to release confidential juror identifying information made after conviction, sentence and appeal is untimely and defendant’s appeal must be dismissed. |
Civil Procedure |
|
Apr. 14, 2015 | |
13-55155
|
United States v. Aguilar
Grant of default judgment does not require court to articulate why the case presents ‘extreme circumstances;’ lack of meritorious defense justifies denial of appellants’ motion to set aside default. |
Civil Procedure |
|
Apr. 12, 2015 | |
12-57315
|
C.W. v. Capistrano Unified Sch. Dist.
Deliberate ruling below by Administrative Law Judge helps substantiate plaintiff’s claims as non-frivolous. |
Civil Procedure |
|
Apr. 9, 2015 | |
B251811
|
County of L.A. v. Williamsburg National Ins. Co.
Surety requesting extension as to bail forfeiture must be given hearing before summary judgment may be entered. |
Civil Procedure |
|
Apr. 6, 2015 | |
15-15237
|
Eminence Investors v. BNYM
No federal jurisdiction where ‘securities exception’ under CAFA applies to case brought by holders of bonds against bank. |
Civil Procedure |
|
Apr. 2, 2015 | |
D066683
|
Carian v. Dept. Fish & Wildlife
Notification to only some relevant parties not enough to meet ‘reasonable attempt to settle’ standard as it relates to attorney fees provision. |
Civil Procedure |
|
Apr. 2, 2015 | |
D063462
|
DeCambre v. Rady Children’s Hospital-San Diego
Physician defeats San Diego hospital’s anti-SLAPP motion because her harassment claim did not arise from protected activity. |
Civil Procedure |
|
Apr. 2, 2015 | |
14-35943
|
Jordan v. Nationstar Mortgage LLC
Removal under CAFA is timely although it was more than two years after case became removable on federal question grounds. |
Civil Procedure |
|
Apr. 1, 2015 | |
15-55176
|
Reyes v. Dollar Tree Stores
Federal court has jurisdiction because state court’s class certification order created CAFA jurisdiction by expanding amount-in-controversy. |
Civil Procedure |
|
Apr. 1, 2015 | |
B249232
|
Britton v. Girardi
Probate Code § 16460’s duty of inquiry triggered when plaintiffs received insufficient settlement information from defendants in 1997; thus, 2012 suit barred by statute of limitations. |
Civil Procedure |
|
Apr. 1, 2015 | |
D062901
|
Simplon Ballpark, LLC v. Scull
Failure to raise presumption of invalidity of proof of service bars challenge on appeal. |
Civil Procedure |
|
Mar. 30, 2015 | |
14-70158
|
Sussex v. U.S. District Court
‘Evident partiality’ of arbitrator must be supported by a significant showing before district court can disqualify such arbitrator. |
Civil Procedure |
|
Mar. 29, 2015 | |
B260798
|
BNSF Railway Co. v. Superior Court (Kralovetz)
California lacks jurisdiction over out-of-state corporation even though it conducted substantial business in the state. |
Civil Procedure |
|
Mar. 29, 2015 | |
C075248
|
Yee v. American National Insurance Co.
Preliminary injunction that is indistinguishable from judgment on the merits is improper, where extrinsic evidence is required. |
Civil Procedure |
|
Mar. 24, 2015 | |
B253164
|
McCready v. Whorf
Widow may recover judgment lien from debtor through his business profits despite bankruptcy court’s discharge of debtor’s personal liability. |
Civil Procedure |
|
Mar. 24, 2015 | |
13-35468
|
MTB Enterprises Inc. v. ADC Venture 2001-2 LLC
FIRREA requires dismissal of jilted borrower’s lawsuit against failed financial institution because it was filed in wrong court. |
Civil Procedure |
|
Mar. 23, 2015 | |
B255958
|
Boyce v. T.D. Service Company
Court declares ‘Enough!’ from homeowner who lost his home due to default and kept suing parties for wrongful foreclosure. |
Civil Procedure |
|
Mar. 23, 2015 | |
12-15969
|
Munns v. Kerry
Family members and former coworker of kidnapped and murdered security contractors did not have standing to sue government because they could not demonstrate injury in fact. |
Civil Procedure |
|
Mar. 22, 2015 | |
12-17098
|
Picot v. Weston
Two trips to California for business purposes not sufficient for exercise of specific personal jurisdiction over Michigan resident. |
Civil Procedure |
|
Mar. 19, 2015 | |
D066483
|
Trilogy at Glen Ivy v. Shea Homes
Defendant homebuilder’s contortion of anti-SLAPP statute fails as premised upon unlikely interpretation of complaint. |
Civil Procedure |
|
Mar. 19, 2015 |