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Name Category Published
Salehi v. Surfside III Condominium Owners’ Association
Defendant is entitled to attorney fees incurred in defending voluntarily dismissed claims where dismissal is fault of plaintiff’s poor reasoning. 		Civil Procedure Nov. 15, 2011
Metis Development LLC v. Bohacek
Trial court is obligated to issue statement of decision following order denying petition to compel arbitration of claims. 		Civil Procedure Nov. 9, 2011
Roberts v. El Cajon Motors Inc.
Court properly finds party waived right to arbitration following five-month delay in filing motion to compel and failure to inform opposing party of intent. 		Civil Procedure Nov. 9, 2011
KPMG LLP v. Cocchi
Court must compel arbitration of claims subject to Federal Arbitration Act, even where complaint also includes nonarbitrable causes of action. 		Civil Procedure Nov. 8, 2011
Father M v. Various Tort Claimants
Court may not disclose priest’s personnel files based on mere allegations of sexual abuse, which did not create public interest outweighing confidentiality interests. 		Civil Procedure Nov. 8, 2011
Kairy v. SuperShuttle International
District court has subject matter jurisdiction to determine whether passenger stage corporation drivers are employees or independent contractors under California law. 		Civil Procedure Nov. 4, 2011
Frisk v. Superior Court (Northwest Surgical Development Co. Inc.)
Court properly determines peremptory challenge is moot where party making challenge was dismissed from lawsuit before court accepted challenge. 		Civil Procedure Nov. 1, 2011
Serrano v. Stefan Merli Plastering Co. Inc.
Attorney fee award may be imposed on litigant, which lost appeal establishing court authority to determine reasonableness of fees, because appeal involved important right affecting public interest. 		Civil Procedure Nov. 1, 2011
Miller v. City of Los Angeles
Imposition of sanctions is improper although defense counsel conceded that he violated order precluding argument that plaintiff was armed when shot by police. 		Civil Procedure Oct. 28, 2011
Trident Labs Inc. v. Merrill Lynch Commercial Finance Corp.
Enforcement of forum selection clause is unreasonable where defendant, which held discretionary power, chose to extensively litigate its rights in original forum. 		Civil Procedure Oct. 27, 2011
Marler v. E.M. Johansing LLC
Court errs in denying class certification without leave to amend class definitions to allow plaintiffs to more concisely identify class. 		Civil Procedure Oct. 20, 2011
Dozier v. Shapiro
Court properly limits witness’s testimony to time of deposition where plaintiff repeatedly represented his role as treating physician, not expert witness. 		Civil Procedure Oct. 20, 2011
Adams v. Ford Motor Co.
Denial of motion to tax costs is proper where defendant's offer under California Code of Civil Procedure Section 998 was reasonable in light of plaintiffs' prior settlements. 		Civil Procedure Oct. 20, 2011
American Honda Motor Co. Inc. v. Superior Court (Lee)
Class certification is improper where trial court applies erroneous legal assumption and individual inquiries predominate over common issues. 		Civil Procedure Oct. 18, 2011
Washington State v. Chimei Innolux Corp.
'Parens patriae' suits filed by state Attorneys General on behalf of citizens are not class actions within meaning of Class Action Fairness Act of 2005. 		Civil Procedure Oct. 3, 2011
Suzlon Energy Ltd. v. Microsoft Corp.
Under Electronic Communications Privacy Act, electronic communication service may not divulge emails of foreign citizen stored on domestic server. 		Civil Procedure Oct. 3, 2011
Metis Development LLC v. Bohacek
Trial court is obligated to issue statement of decision following order denying petition to compel arbitration of claims 		Civil Procedure Sep. 29, 2011
United States v. Stonehill
Evidence of government’s participation in raid in foreign country, which was later found unconstitutional, does not demonstrate fraud on court. 		Civil Procedure Sep. 28, 2011
Chitsazzadeh v. Kramer & Kaslow
Finding that special motion to strike was not timely filed, standing alone, does not support finding that motion was frivolous for purposes of attorney fee award. 		Civil Procedure Sep. 27, 2011
Shugart v. The Regents of the University of California
Summary judgment is improper where declaration does not include documents relied on by expert, but is already before court and raises triable issues. 		Civil Procedure Sep. 25, 2011
Father M v. Various Tort Claimants
Court may not disclose priest’s personnel files based on mere allegations of sexual abuse, which did not create public interest outweighing confidentiality interests. 		Civil Procedure Sep. 21, 2011
American Express Centurion Bank v. Zara
Proof of service containing untruthful description of defendant does not comply with personal service statutes to make service valid. 		Civil Procedure Sep. 20, 2011
Tuszynska v. Cunningham
Anti-SLAPP statute applies to all claims based on protected petitioning activities, regardless of defendant’s alleged motive for such activities. 		Civil Procedure Sep. 19, 2011
Ellis v. Costco Wholesale Corp.
Court errs in granting class certification to employees alleging gender discrimination by relying only on admissibility of employees’ evidence to determine commonality. 		Civil Procedure Sep. 19, 2011
Potrero Hills Landfill Inc. v. County of Solano
Court may not abstain from its duty to adjudicate federal claim where private mandamus action did not interfere with basic state function. 		Civil Procedure Sep. 14, 2011
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings. 		Civil Procedure Sep. 14, 2011
Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state. 		Civil Procedure Sep. 13, 2011
Chevron U.S.A. Inc. v. M&M Petroleum Services Inc.
Franchisor may recover attorney fees against franchisee where franchisee brought frivolous counterclaim against franchisor under Petroleum Marketing Practices Act. 		Civil Procedure Sep. 13, 2011
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision. 		Civil Procedure Sep. 9, 2011
Cervantes v. Countrywide Home Loans Inc.
Dismissal of wrongful foreclosure claim without leave to amend is proper because Arizona state law does not recognize such cause of action. 		Civil Procedure Sep. 8, 2011
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