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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
City of Maywood v. Los Angeles Unified School District
Non-pecuniary motives do not disqualify public entity litigants from obtaining attorney fees pursuant to Code of Civil Procedure Section 1021.5. 		Civil Procedure Jul. 19, 2012
Terenkian v. The Republic of Iraq
Foreign state is entitled to sovereign immunity where participation in United Nations program did not constitute commercial activity for purposes of immunity exception. 		Civil Procedure Jul. 17, 2012
Dennis v. Kellogg Co.
Class action settlement that distributes remaining funds to charities is not proper under cy pres doctrine because goal of feeding indigent had nothing to do with underlying lawsuit. 		Civil Procedure Jul. 16, 2012
Michelman v. Lincoln National Life Insurance Co.
Stakeholder must have good faith belief that colorable competing claims exist to avail itself of interpleader remedy. 		Civil Procedure Jul. 13, 2012
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority. 		Civil Procedure Jul. 11, 2012
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
‘Erie’ doctrine does not require federal court to follow state appellate court decision striking down statute under California Constitution. 		Civil Procedure Jul. 11, 2012
Sotelo v. MediaNews Group Inc.
Class certification motion is properly denied because proposed class is not ascertainable when there is no objective means of determining whether individuals were class members. 		Civil Procedure Jul. 5, 2012
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority. 		Civil Procedure Jun. 28, 2012
Coito v. Superior Court (State of California)
In wrongful death case, audio recordings of witness interviews, which were conducted by investigators employed by defendant's counsel, are protected by work product privilege. 		Civil Procedure Jun. 26, 2012
Thayer v. Kabateck Brown Kellner LLP
Anti-SLAPP motion is properly granted where claims against attorneys arose from protected activity undertaken on behalf of actual clients represented in related litigation. 		Civil Procedure Jun. 25, 2012
Direct Shopping Network LLC v. James
Collateral estoppel bars plaintiff from relitigating anti-SLAPP motion where court found that first motion was unsupported and allowed new evidence on second. 		Civil Procedure Jun. 21, 2012
Azure Limited v. I-Flow Corp.
Advancing state of law does not transform private dispute over substantial economic losses into case in which attorney fees may be awarded for serving public interest. 		Civil Procedure Jun. 21, 2012
Samantha C. v. State Dept. of Developmental Services
Prevailing party is entitled to attorney fees where her action affects numerous other applicants seeking services for developmental disabilities. 		Civil Procedure Jun. 21, 2012
Garamendi v. Henin
Modifications to judgments are proper under Federal Rule of Civil Procedure Rule 60(a) where substantive reasoning of original judgment was unaltered. 		Civil Procedure Jun. 19, 2012
Metabolic Research Inc. v. Ferrell
Order denying motion to dismiss based on anti-SLAPP statute does not justify immediate appeal because it can be reviewed through normal appellate process. 		Civil Procedure Jun. 18, 2012
Oliveira v. Kiesler
Plaintiff is not permitted to obtain double recovery by obtaining judgment against law firm where she entered into good faith settlement with tortfeasors liable for same tort. 		Civil Procedure Jun. 17, 2012
Cinel v. Barna
Motion to compel arbitration is correctly denied where parties waived arbitration agreement by refusing to agree on how to pay arbitration fees. 		Civil Procedure Jun. 17, 2012
Oak Springs Villas Homeowners Association v. Advanced Truss Systems Inc.
Good faith settlement order cannot be appealed by non-settling party on final judgment grounds where party failed to first file writ. 		Civil Procedure Jun. 14, 2012
Harris v. Rand
U.S. Supreme Court decision in 'Hertz Corp. v. Friend' does not impose heightened requirement that complaint plead corporate party's ‘nerve center’ is in particular place. 		Civil Procedure Jun. 13, 2012
Harris v. County of Orange
Lawsuit is not barred on grounds of claim preclusion where plaintiffs in second action sought remedy that was unavailable to party in prior case. 		Civil Procedure Jun. 10, 2012
Sourcecorp Inc. v. Shill
Once debtor has had 30 days to pay for necessities out of exempt earnings, any remainder becomes available to satisfy outstanding obligation to judgment creditor. 		Civil Procedure Jun. 6, 2012
Iskanian v. CLS Transportation Los Angeles LLC
In light of 'Concepcion,' arbitration agreement containing class action waiver is enforceable where arbitration agreement is found to be neither procedurally not substantively unconscionable. 		Civil Procedure Jun. 4, 2012
Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg
Award of attorney fees to petitioner for her work in defending CEQA action is proper under private general doctrine within Code of Civil Procedure Section 1021.5. 		Civil Procedure Jun. 4, 2012
Khazan v. Braynin
Interest on attorney fee award runs from date of award on remand where judgment was effectively reversed, rather than modified, and not date of original judgment. 		Civil Procedure May 31, 2012
Bowers v. Raymond J. Lucia Companies Inc.
Binding mediation award is enforceable because parties mutually agreed to proceed to full-day mediation as part of settlement agreement. 		Civil Procedure May 30, 2012
Wilhelm v. Rotman
Plaintiff's allegations against defendant prison physician are sufficient to proceed past screening stage where physician failed to request referral properly. 		Civil Procedure May 28, 2012
Perez v. Torres
Defendant is not entitled to costs incurred after making offer under Code of Civil Procedure Section 998 because offer failed to include acceptance provision. 		Civil Procedure May 24, 2012
Frog Creek Partners LLC v. Vance Brown Inc.
Defendant construction company cannot recover attorney fees where it was not prevailing party, even if it successfully defeated motion to compel arbitration on earlier appeal. 		Civil Procedure May 24, 2012
Tarle v. Kaiser Foundation Health Plan Inc.
On appeal from summary judgment, party may not challenge rulings sustaining objections to her evidence, which she never submitted opposition to. 		Civil Procedure May 23, 2012
Kerner v. Superior Court (Widom)
Finding of factual innocence cannot be collateral estoppel because such finding may not be considered as evidence in any action for any purpose. 		Civil Procedure May 22, 2012
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