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Name Category Published
Shalant v. Girardi
Defendants may not seek dismissal of action filed by vexatious litigant who filed litigation through counsel but lost representation while action was pending. 		Civil Procedure Jun. 23, 2011
Momot v. Mastro
Court errs in enjoining arbitration where parties clearly entered into agreement indicating intent to have arbitrators decide threshold question of arbitrability. 		Civil Procedure Jun. 22, 2011
Gunderson v. Wall
Court properly denies motion for interest accrued on reversed punitive damages payment where defendants engaged in misconduct in post-judgment collection proceedings. 		Civil Procedure Jun. 22, 2011
Aronson v. Advanced Cell Technology
Court properly applies entirety of California Civil Code Section 1717 in denying attorney fees to party in action that was voluntarily dismissed. 		Civil Procedure Jun. 21, 2011
Cowan v. Krayzman
Court properly denies motion to vacate default judgment after finding motioning party’s counsel’s declaration of fault lacked credibility. 		Civil Procedure Jun. 20, 2011
Smith v. Bayer Corp.
Federal court exceeds authority under 'relitigation exception' to Anti-Injunction Act by enjoining state court from considering class certification request. 		Civil Procedure Jun. 16, 2011
Countrywide Home Loans Inc. v. Mortgage Guaranty Insurance Corp.
Court with proper jurisdiction is required to consider party’s motion under Federal Arbitration Act before exercising discretion to remand under Declaratory Judgment Act. 		Civil Procedure Jun. 15, 2011
Investors Equity Life Holding Co. v. Schmidt
Court properly stays action on forum non conveniens grounds where defendants were all subject to personal jurisdiction in alternative forum. 		Civil Procedure Jun. 15, 2011
Ilshin Investment Co. Ltd. v. Buena Vista Home Entertainment Inc.
Court errs in awarding attorney fees to prevailing creditor in independent creditor’s suit where statute does not authorize such award. 		Civil Procedure Jun. 14, 2011
Davis v. Superior Court (City of Los Angeles)
Order granting summary judgment is insufficient to dismiss plaintiff’s claims affecting his right to appeal absent express declaration of parties’ ultimate rights. 		Civil Procedure Jun. 13, 2011
People ex rel. Harris v. Native Wholesale Supply Co.
State has personal jurisdiction over defendant that purposefully derived benefit from state through substantial cigarette sales. 		Civil Procedure Jun. 9, 2011
Kono v. Meeker
Inventory items are not items ‘actually used’ in conducting debtor’s business and, therefore, not subject to exemption from judgment collection. 		Civil Procedure Jun. 6, 2011
Ilshin Investment Co. Ltd. v. Buena Vista Home Entertainment Inc.
Court errs in awarding attorney fees to prevailing creditor in independent creditor’s suit where statute does not authorize such award. 		Civil Procedure Jun. 3, 2011
Collins v. Sutter Memorial Hospital
New trial is properly granted even if ground was not specified in notice, but substantively argued in papers and understood by opposing party. 		Civil Procedure Jun. 3, 2011
Carijano v. Occidental Petroleum Corp.
Court errs in dismissing case under forum non conveniens where evidence from both sides failed to outweigh deference owed to plaintiffs’ chosen forum. 		Civil Procedure Jun. 2, 2011
Investors Equity Life Holding Co. v. Schmidt
Court properly stays action on forum non conveniens grounds where defendants were all subject to personal jurisdiction in alternative forum. 		Civil Procedure Jun. 1, 2011
Dye v. Caterpillar Inc.
30-day time limit for filing amended complaint after issuance of remittitur does not apply because court was not directed to sustain demurrer with leave to amend. 		Civil Procedure May 31, 2011
Simke, Chodos, Silberfeld & Anteau v. Athans
Attorney fee award as result of discovery sanction is proper even if not stated in complaint because it is not considered as ‘damages.’ 		Civil Procedure May 27, 2011
Puerta v. Torres
Expert witness fees award pursuant to offer to compromise is improper because offer was not valid under statute due to lack of provision for acceptance. 		Civil Procedure May 27, 2011
Jeff D. v. Otter
In applying contempt standard, imposition of burden of proof on plaintiffs is improper where defendants had burden of proving substantial compliance with consent decrees. 		Civil Procedure May 26, 2011
Blaich v. West Hollywood Rent Stabilization Dept.
Sending administrative record by overnight courier does not constitute 'mailing' for purposes of timeliness of filing of petition for writ of mandate. 		Civil Procedure May 25, 2011
Martinez v. Los Angeles County Metropolitan Transportation Authority
Offer under Code of Civil Procedure Section 998 stating that each side will bear their own costs includes attorney fees in definition of ‘costs.’ 		Civil Procedure May 24, 2011
Bauman v. DaimlerChrysler Corp.
Exercise of personal jurisdiction over foreign corporation is reasonable where corporation performed extensive business in California through contacts of subsidiary. 		Civil Procedure May 19, 2011
Oasis West Realty LLC v. Goldman
Inference that former attorney used confidential information gleaned from representing plaintiff in former suit is sufficient to overcome anti-SLAPP motion. 		Civil Procedure May 17, 2011
Chodos v. City of Los Angeles
Taxpayer may not file complaint for declaratory relief challenging tax assessment before following required procedures under City’s municipal code. 		Civil Procedure May 17, 2011
Ilshin Investment Co. Ltd. v. Buena Vista Home Entertainment Inc.
Court errs in awarding attorney fees to prevailing creditor in independent creditor’s suit where statute does not authorize such award. 		Civil Procedure May 16, 2011
Pointe San Diego Residential Community L.P. v. Procopio, Cory, Hargreaves & Savitch LLP
Professional negligence claims are timely where amended allegations pertaining to specific acts of negligence related back to original complaint. 		Civil Procedure May 11, 2011
Freedom from Religion Foundation Inc. v. Geithner
Independent jurisdictional grounds requirement for permissive intervention does not apply in federal-question case because no new claims were raised. 		Civil Procedure May 10, 2011
Center for Biological Diversity v. California Fish and Game Commission
Attorney fee award based on enforcement of right affecting public interest is not warranted following remand for reconsideration of standard of review. 		Civil Procedure May 9, 2011
Glaser, Weil, Fink, Jacobs & Shapiro LLP v. Goff
Court errs in entering judgment pursuant to arbitration award where party initially declined offer to submit fee dispute to binding arbitration. 		Civil Procedure May 9, 2011
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