Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A140059
|
Evilsizor v. Sweeney
Litigant must pay attorney fee sanctions for pursuing motion to quash that was legitimately filed, but was rendered unnecessary by withdrawal of subpoena. |
Civil Procedure |
|
Oct. 28, 2014 | |
H040146
|
Negro v. Superior Court (Navalimpianti USA Inc.)
Gmail account holder's consent to production of emails in accordance with Florida court order permits Google to disclose emails without violating Stored Communications Act. |
Civil Procedure |
|
Oct. 21, 2014 | |
B256871
|
Nixon Peabody LLP v. Superior Court (Cabot Golf CL-PP 1 LLC)
Client who authorized attorney to voluntarily dismiss action may not set aside dismissal as void, even when decision was based on erroneous legal advice. |
Civil Procedure |
|
Oct. 19, 2014 | |
10-56068
|
Lightfoot v. Cendant Mortgage Corp.
Federal court may preside over homeowners’ claims against Fannie Mae according to federal charter, which specifically confers federal jurisdiction. |
Civil Procedure |
|
Oct. 2, 2014 | |
D064809
|
The Otay Ranch LP v. County of San Diego (Flat Rock Land Co. LLC)
Attorney and paralegal costs in preparing administrative record on behalf of county may be recovered as costs when reasonably and necessarily incurred. |
Civil Procedure |
|
Sep. 29, 2014 | |
B251797
|
C.S. v. W.O.
Trial court must waive court fees because applicant received public benefits, even if she paid $1,000 for expedited reporter's transcript with help from family and friends. |
Civil Procedure |
|
Sep. 28, 2014 | |
B251508
|
Cooper v. Lavely & Singer Professional Corp.
Arbitrator may not revise final arbitration award to include attorney fees after he already made substantive ruling in final award denying attorney fees. |
Civil Procedure |
|
Sep. 28, 2014 | |
B250600
|
Vasquez v. California School of Culinary Arts Inc. (Sallie Mae Inc.)
Former students are entitled to attorney fees incurred in opposing student loan servicer’s refusal to comply with subpoena that sought electronic loan documents. |
Civil Procedure |
|
Sep. 28, 2014 | |
G050457
|
Ducoing Management Inc. v. Superior Court (Winston & Associates Insurance Brokers Inc.)
Appellate court's reversal of judgment 'in all other respects' includes trial court's costs award, even if judgment of nonsuit as to other plaintiff was upheld. |
Civil Procedure |
|
Sep. 21, 2014 | |
11-55806
|
Butler v. National Community Renaissance of California
Amended complaint adding new defendants is properly dismissed where original complaint fails to show defendants should have known they would be named, but for error. |
Civil Procedure |
|
Sep. 14, 2014 | |
C073753
|
Connerly v. State of California
Litigant may add equal protection claim to complaint against California in challenge to method of selecting members for California Citizens Redistricting Commission. |
Civil Procedure |
|
Sep. 3, 2014 | |
D065949
|
Suarez v. City of Corona
City may not recover defense costs against plaintiff’s attorneys for maintaining lawsuit against city, which trial court ultimately determined was frivolous. |
Civil Procedure |
|
Sep. 1, 2014 | |
F067763
|
United Health Centers of the San Joaquin Valley Inc. v. Superior Court (Vradenburg-Haworth)
Arbitration award is improperly vacated based on arbitrator’s failure to disclose, where trial court could have found counsel forfeited right to vacate on that basis. |
Civil Procedure |
|
Aug. 25, 2014 | |
14-56075
|
Doyle v. OneWest Bank FSB
District court must determine citizenship of proposed plaintiff class based on complaint on date case became removable for purposes of Class Action Fairness Act exceptions. |
Civil Procedure |
|
Aug. 24, 2014 | |
12-16043
|
Martinez v. Aero Caribbean
California may not decide action because service of process on foreign corporation’s officer in state did not authorize personal jurisdiction over corporation. |
Civil Procedure |
|
Aug. 21, 2014 | |
B248151
|
Kaufman v. Diskeeper Corp.
While seeking contract-based attorney fees, prevailing defendant is not required to file memorandum of costs in addition to its attorney fees motion. |
Civil Procedure |
|
Aug. 21, 2014 | |
A140922
|
People v. McGraw-Hill Companies Inc.
Order denying anti-SLAPP special motion to strike is not appealable when public prosecutor brought underlying action to enforce consumer protection laws. |
Civil Procedure |
|
Aug. 18, 2014 | |
E056566
|
Carlton v. Dr. Pepper Snapple Group Inc.
Demurrer may be filed 30 days after amended complaint is filed, since rule providing 10-day filing period only applies when no amended complaint is filed. |
Civil Procedure |
|
Aug. 14, 2014 | |
B247730
|
Hendershot v. Ready To Roll Transportation Inc.
In denying class certification, trial court improperly considers merits of defenses based on agreements with putative class members, which defendant withheld from plaintiffs. |
Civil Procedure |
|
Aug. 14, 2014 | |
12-16178
|
K.C. v. Torlakson
District court has ancillary jurisdiction over post-judgment attorney fees motion, which was independent of its jurisdiction to enforce settlement agreement. |
Civil Procedure |
|
Aug. 11, 2014 | |
A135999
|
Young v. Daimler AG
California plaintiff may not sue German car manufacturer in California based on its alleged connection with another company that did business in California. |
Civil Procedure |
|
Aug. 5, 2014 | |
11-57231
|
Ringgold-Lockhart v. County of Los Angeles
Federal court may not impose pre-filing order against allegedly vexatious litigants based largely on their motions practice without considering less restrictive sanctions. |
Civil Procedure |
|
Aug. 4, 2014 | |
12-56028
|
Smith v. Mylan Inc.
District court may not, on its own motion, remand wrongful death claim to state court although claim was removed beyond one-year removal period. |
Civil Procedure |
|
Aug. 4, 2014 | |
A140035
|
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
New York drug maker Bristol-Myers Squibb must face claims filed in California by non-California residents regarding its allegedly defective drug, Plavix. |
Civil Procedure |
|
Jul. 31, 2014 | |
A136607
|
Dept. of Fair Employment & Housing v. Ottovich
Trial court does not need to reinstate defendant’s previously stricken answer where it vacated default judgment before granting judgment to plaintiff on liability. |
Civil Procedure |
|
Jul. 22, 2014 | |
B253892
|
Luckey v. Superior Court (Cotton On USA Inc.)
Putative class representative may not consent to temporary judge on behalf of absent members for purpose of settlement approval, when class had not yet been certified. |
Civil Procedure |
|
Jul. 22, 2014 | |
B240595
|
Ochoa v. Dorado
Driver’s motions for new trial and judgment notwithstanding verdict are premature and have no effect, when they were filed before case was fully decided. |
Civil Procedure |
|
Jul. 22, 2014 | |
C073177
|
Singh v. Lipworth
Defendant obtains sanctions against plaintiff, who filed frivolous appeal, which sought to relitigate previously decided issues, including use of alias in property transfer. |
Civil Procedure |
|
Jul. 6, 2014 | |
A136607
|
Dept. of Fair Employment & Housing v. Ottovich
Trial court does not need to reinstate defendant’s previously stricken answer where it vacated default judgment before granting judgment to plaintiff on liability. |
Civil Procedure |
|
Jun. 30, 2014 | |
A138353
|
Naser v. Lakeridge Athletic Club
Personal injury plaintiff may not tax defendant's costs incurred in deposing custodian of records for each of plaintiff's health care providers, including photocopying. |
Civil Procedure |
|
Jun. 29, 2014 |