Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C071500
|
Staub v. Kiley
Doctor may not preclude patient’s expert testimony because he failed to include mandatory five-day extension in setting date for expert witness exchange disclosures. |
Civil Procedure |
|
Jun. 17, 2014 | |
H038874
|
Hill v. Degery
Trial court does not need to apportion fees between two defendants when calculating attorney fees, because same defenses applied to both of them. |
Civil Procedure |
|
Jun. 10, 2014 | |
12-55479
|
Laguna v. Coverall North America Inc.
District court correctly approves settlement agreement, where proceeding with class action would have posed significant risks to the plaintiff class. |
Civil Procedure |
|
Jun. 4, 2014 | |
12-16418
|
Wilcox v. Arpaio
Federal privilege law governs admissibility of documents and testimony regarding enforceability of alleged settlement, where both federal and state law claims are involved. |
Civil Procedure |
|
Jun. 3, 2014 | |
B248759
|
Litwin v. iRenew Bio Energy Solutions LLC
Notice of settlement to class members violates due process by requiring objectors to come to final approval hearing to have their objections heard. |
Civil Procedure |
|
May 30, 2014 | |
B248759
|
Litwin v. iRenew Bio Energy Solutions LLC
Notice of settlement to class members violates due process by requiring objectors to come to final approval hearing to have their objections heard. |
Civil Procedure |
|
May 29, 2014 | |
A133537
|
Bisno v. Kahn
Forbearance agreement to delay collection of judgment in exchange for remuneration beyond normal interest rate does not violate California’s usury law. |
Civil Procedure |
|
May 28, 2014 | |
G047718
|
Mega RV Corp. HWH Corp.
Hydraulics manufacturer may not recover attorney fees from motor home retailer under ‘tort of another’ doctrine, because underlying case did not involve any torts. |
Civil Procedure |
|
May 22, 2014 | |
C068915
|
Cottini v. Enloe Medical Center
Wheelchair athlete, who sued hospital for its employees’ negligence, may not offer expert witness testimony after failing to disclose witnesses by discovery cutoff date. |
Civil Procedure |
|
May 22, 2014 | |
D064979
|
Orion Communications Inc. v. Superior Court (Sameis Holdings LLC)
Corporation may not exercise peremptory challenge to remove judge, because it failed to show it was opposed to another party who had previously used challenge. |
Civil Procedure |
|
May 15, 2014 | |
B242700
|
Digital Music News LLC v. Superior Court (Escape Media Group LLC)
Los Angeles Superior Court cannot force online news outlet to reveal identity of anonymous commenter, who contradicted defense in pending New York action. |
Civil Procedure |
|
May 15, 2014 | |
F063727
|
California Crane School Inc. v. National Commission For Certification of Crane Operators
Trial court may impose 10-day limit on trial involving dispute between crane operator training facility and certifying entity, because that time frame was reasonable. |
Civil Procedure |
|
May 9, 2014 | |
12-55147
|
City of Pomona v. SQM North America Corp.
City of Pomona may present expert witness testimony of scientist who used ‘stable isotope analysis’ to determine cause of water system’s contamination. |
Civil Procedure |
|
May 5, 2014 | |
H038184
|
deSaulles v. Community Hospital of the Monterey Peninsula
Employee is entitled to mandatory costs in dispute with employer that ended in partial dismissal because she received 'net monetary recovery' via settlement payment. |
Civil Procedure |
|
May 5, 2014 | |
G047718
|
Mega RV Corp. HWH Corp.
Hydraulics manufacturer may not recover attorney fees from motor home retailer under ‘tort of another’ doctrine, because underlying case did not involve any torts. |
Civil Procedure |
|
May 1, 2014 | |
A133537
|
Bisno v. Kahn
Forbearance agreement to delay collection of judgment in exchange for remuneration beyond normal interest rate does not violate California’s usury law. |
Civil Procedure |
|
Apr. 28, 2014 | |
12-15663
|
Meritage Homes of Nevada Inc. v. Federal Deposit Insurance Corp.
FDIC may satisfy judgment with receiver’s certificate, rather than cash payment, because otherwise, creditors would ‘jump the line’ and recover unfairly. |
Civil Procedure |
|
Apr. 16, 2014 | |
11-17196
|
Yokeno v. Sekiguchi
District Court of Guam lacks authority to decide business dispute between permanent resident of Guam and defendants who lived in Japan. |
Civil Procedure |
|
Apr. 16, 2014 | |
D063124
|
Horath v. Hess
Car accident victim is bound by stipulation to accept lesser of arbitrator’s award and $100,000 in full satisfaction of judgment, despite award over $300,000. |
Civil Procedure |
|
Apr. 11, 2014 | |
A136985
|
Rosen v. LegacyQuest
Creditor may obtain attorney fees against sureties, who she was forced to file suit against in order to enforce judgment in her favor. |
Civil Procedure |
|
Apr. 10, 2014 | |
G047429
|
Gray1 CPB LLC v. SCC Acquisitions Inc.
Judgment debtor cannot obtain additional post-judgment attorney fees, even if creditor delivered cashier’s check to fully satisfy judgment two years late. |
Civil Procedure |
|
Apr. 10, 2014 | |
12-55278
|
Rouse v. Wachovia Mortgage FSB
Wells Fargo may remove California citizens’ lawsuit to federal court based on federal ‘diversity of citizenship’ where its main office was not in California. |
Civil Procedure |
|
Mar. 28, 2014 | |
B247106
|
Pielstick v. MidFirst Bank
Property owner is not entitled to voluntarily dismiss his complaint so he could refile because trial already started at demurrer hearing, making it untimely. |
Civil Procedure |
|
Mar. 27, 2014 | |
12-56037
|
Tattersalls Ltd. v. DeHaven
District court may correct judgment to include award, where it always intended to award damages, but overlooked deadline for filing motion to amend. |
Civil Procedure |
|
Mar. 24, 2014 | |
11-56520
|
Johnshon v. Consumerinfo.com Inc.
Ninth Circuit may not consider appeal of district court’s order to compel arbitration and stay class action proceedings, which did not end case. |
Civil Procedure |
|
Mar. 21, 2014 | |
12-15107
|
Oliner v. Kontrabecki
District court properly refuses to seal public record of legal proceedings because avoiding embarrassment or annoyance are not sufficiently compelling reasons. |
Civil Procedure |
|
Mar. 21, 2014 | |
C071317
|
Noceti v. Whorton
Couple who wanted to enforce purchase agreement may not obtain mandatory relief from judgment, after they missed trial date due to attorney’s mistake. |
Civil Procedure |
|
Mar. 19, 2014 | |
12-16846
|
Carter v. Caleb Brett LLC
District court must provide better explanation for significant reduction of plaintiff’s attorney fee award by $8,000. |
Civil Procedure |
|
Mar. 11, 2014 | |
B252210
|
Snibbe v. Superior Court (Gilbert)
In wrongful death case, physician must produce redacted versions of 160 postoperative orders, which will be limited to disclosure of pain management provisions. |
Civil Procedure |
|
Feb. 28, 2014 | |
12-574
|
Walden v. Fiore
Nevada may not exercise jurisdiction over DEA agent, who was sued for seizing $97,000 from Nevada residents in Georgia and submitting allegedly false affidavit. |
Civil Procedure |
|
Feb. 26, 2014 |