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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Jimenez v. Franklin
Defendants’ failure to challenge order holding defendants jointly and severally liable for fee award waives their ability to subsequently challenge that order. 		Civil Procedure May 22, 2012
Taniguchi v. Kan Pacific Saipan Ltd.
Prevailing party in personal injury case is not entitled to recover costs for document translation because those who translate writings are not 'interpreters.' 		Civil Procedure May 21, 2012
Chao Fu Inc. v. Chen
Compulsory cross-complaint does not apply to plaintiff where defendant failed to establish that prior assignment of claim constituted transfer of interest in subject property. 		Civil Procedure May 21, 2012
Fleur Du Lac Estates Association v. Mansouri
Party may not appeal orders that followed court’s denial of opposing party’s first petition to compel arbitration because prior denial did not constitute final judgment. 		Civil Procedure May 16, 2012
Pacific Pictures Corp. v. U.S. District Court (D.C. Comics)
Petitioner may not selectively waive attorney-client privilege where petitioner disclosed documents to government in response to subpoena. 		Civil Procedure May 10, 2012
Bush v. Horizon West
Denial of motion to compel arbitration is proper due to possibility of conflicting rulings between claims filed on behalf of mother and daughter’s emotional distress claim. 		Civil Procedure Apr. 30, 2012
Lewis v. Fletcher Jones Motor Cars Inc.
Defendant waives right to compel arbitration by waiting five months before demanding arbitration and litigating merits of plaintiff's claims through demurrers and motions to strike. 		Civil Procedure Apr. 26, 2012
Jamulians Against the Casino v. Iwasaki (Jamul Indian Tribe)
Trial court exceeds scope of judicial notice in taking provisions of agreement into account that were not within allegations of petition. 		Civil Procedure Apr. 26, 2012
Bankhead v. ArvinMeritor Inc.
$4.5 million punitive damages award is not excessive despite defendant's negative net worth because net worth is not only measure of defendant's wealth. 		Civil Procedure Apr. 25, 2012
Citizens for Open Government v. City of Lodi (Browman Development Inc.)
Trial court erroneously applies deliberative process privilege because city failed to meet burden of showing conditions for creation of privilege. 		Civil Procedure Apr. 24, 2012
Farag v. ArvinMeritor Inc.
Offer to compromise under Code of Civil Procedure Section 998 does not need to be made separately to each spouse to be valid. 		Civil Procedure Apr. 24, 2012
Fleur Du Lac Estates Association v. Mansouri
Party may not appeal orders that followed court’s denial of opposing party’s first petition to compel arbitration because prior denial did not constitute final judgment. 		Civil Procedure Apr. 23, 2012
Bankhead v. ArvinMeritor Inc.
$4.5 million punitive damages award is not excessive despite defendant's negative net worth because net worth is not only measure of defendant's wealth. 		Civil Procedure Apr. 22, 2012
Collins v. City of Los Angeles
Trial court does not abuse its discretion by apportioning attorney fees where it concluded that litigant's reasonably expected financial benefits warranted placing part of burden on litigant. 		Civil Procedure Apr. 22, 2012
Personal Court Reporters Inc. v. Rand
Anti-SLAPP motion is propely denied where plaintiff’s complaint did not implicate protected activity because main thrust of claim was for collection of unpaid debt. 		Civil Procedure Apr. 22, 2012
Tenzera Inc. v. Osterman
Prevailing plaintiffs are entitled to prejudgment interest between time trial court vacated arbitration award in their favor and reinstatement of award following appeal. 		Civil Procedure Apr. 19, 2012
Pacific Pictures Corp. v. U.S. District Court (D.C. Comics)
Petitioner may not selectively waive attorney-client privilege where petitioner disclosed documents to government in response to subpoena. 		Civil Procedure Apr. 17, 2012
Bagdasarian Productions LLC v. Twentieth Century Fox Film Corp.
Order compelling enforcement of contractual agreement to submit dispute to referee and staying proceedings is not immediately appealable. 		Civil Procedure Mar. 26, 2012
Thomas v. Westlake
Nonsignatories to arbitration agreement may invoke arbitration provision where complaint alleged nonsignatories acted as agents of defendants who were parties to agreement. 		Civil Procedure Mar. 25, 2012
R&R Sails Inc. v. Insurance Co. of the State of Pennsylvania
District court must consider willfulness, fault, or bad faith when sanction under Federal Rule of Civil Procedure 37(c)(1) results in dismissal of cause of action. 		Civil Procedure Mar. 21, 2012
Lindemann v. Hume
Party’s contractual right to arbitration must yield if issue common to arbitration and pending action with third party would possibly result in conflicting rulings. 		Civil Procedure Mar. 20, 2012
Coneff v. AT&T Corp.
Federal Arbitration Act preempts Washington state law banning class action waivers in arbitration clauses as unconscionable. 		Civil Procedure Mar. 18, 2012
Colony Bancorp of Malibu Inc. v. Patel
Court may proceed with trial even in party’s absence where parties received adequate notice to return at particular time following lunch break. 		Civil Procedure Mar. 18, 2012
Otay Land Co. v. United Enterprises Ltd.
When suit is dismissed for lack of jurisdiction, district court's award of ‘just costs’ should be based on what is most fair and equitable under totality of circumstances. 		Civil Procedure Mar. 14, 2012
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings. 		Civil Procedure Mar. 12, 2012
Garcia v. ConMed Corp.
Misconduct does not result in prejudice because it was not reasonably probable that plaintiff would have obtained more favorable verdict in absence of misconduct. 		Civil Procedure Mar. 8, 2012
Steed v. Dept. of Consumer Affairs
Court properly declines to take judicial notice of minute order, which granted prior petition, and thus, plaintiff fails to carry burden under anti-SLAPP statute. 		Civil Procedure Mar. 8, 2012
Kilgore v. KeyBank National Association
Arbitration clause in lender's promissory note is enforceable because California's rule against arbitration of public injunctive relief claims is preempted by federal law. 		Civil Procedure Mar. 7, 2012
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief. 		Civil Procedure Mar. 7, 2012
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process. 		Civil Procedure Mar. 6, 2012
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