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Name Category Published
Rasmussen v. Superior Court (Bunyan)
California Supreme Court’s decision affirming appellate court’s determination that case was not ‘strategic lawsuit against public participation’ does not resolve all disputes. 		Civil Procedure May 6, 2011
Benjamin, Weill & Mazer v. Kors
California Arbitration Act requires arbitrator to disclose nature of legal practice and representation of law firm at time of arbitration. 		Civil Procedure May 6, 2011
Bell v. Mason
Defense’s expert witness does not have to show personal examination of plaintiff to establish sufficient foundation regarding evaluation of her mental status. 		Civil Procedure May 5, 2011
Goodman v. Staples The Office Superstore
When treating physician is hired to render expert opinion beyond scope of treatment, proponent of testimony must provide expert witness report. 		Civil Procedure May 4, 2011
Palm Property Investments Inc. v. Yadegar
Court errs in refusing to admit registered process server’s declaration, which established presumption that service was properly executed according to applicable statute. 		Civil Procedure May 4, 2011
Westwood Apex v. Contreras
Removal by additional counterclaim defendants is not permitted under Class Action Fairness Act of 2005. 		Civil Procedure May 3, 2011
Hahn v. Diaz-Barba
Defendants meet burden of subject matter jurisdiction in alternative forum where they agree to such jurisdiction and waive any limitations claims. 		Civil Procedure May 2, 2011
Marlo v. United Parcel Service Inc.
Employer’s blanket exemption policy regarding employee’s position does not eliminate need to establish common issues predominated over individual ones for class certification. 		Civil Procedure Apr. 29, 2011
Bell v. Mason
Defense’s expert witness does not have to show personal examination of plaintiff to establish sufficient foundation regarding evaluation of her mental status. 		Civil Procedure Apr. 29, 2011
Cahill v. San Diego Gas & Electric Co.
Court properly determines settlement was made in good faith where settlors’ liability was remote and proportionate to settlement amount. 		Civil Procedure Apr. 27, 2011
Gutierrez v. Girardi
Underlying case dismissed on statute of limitations grounds does not bar plaintiff’s action alleging breach of fiduciary duty regarding defendants’ subsequent actions. 		Civil Procedure Apr. 27, 2011
Shahinian v. Cedars-Sinai Medical Center
Arbitrator is not required to order hospital to conduct peer review hearing where dispute with doctor did not involve competence. 		Civil Procedure Apr. 27, 2011
Starbucks Corp. v. Superior Court (Lords)
In class action, precertification discovery order that required employer to review job applications for minor marijuana convictions constitutes abuse of discretion. 		Civil Procedure Apr. 26, 2011
United States v. Tohono O’odham Nation
Plaintiff may not file claim in Court of Federal Claims where suit pending in other court is based on substantially same operative facts. 		Civil Procedure Apr. 26, 2011
Dept. of Fair Employment and Housing v. Lucent Technologies Inc.
District court possesses diversity jurisdiction where state agency that filed suit was not real party in controversy. 		Civil Procedure Apr. 26, 2011
Digerati Holdings LLC v. Young Money Entertainment LLC
Claim based on breach of express contractual obligations does not involve conduct in furtherance of protected activity and is not subject to special motion to strike. 		Civil Procedure Apr. 26, 2011
Doe v. Superior Court (Luster)
Rape victim plaintiff may use fictitious name, and is not required to disclose true name, when providing verifications to discovery responses. 		Civil Procedure Apr. 20, 2011
Ceja v. Rudolph & Sletten Inc.
For purposes of standing, putative spouse status is determined by party’s subjective state of mind, not objective belief, regarding validity of marriage. 		Civil Procedure Apr. 19, 2011
Kelly Sutherlin McLeod Architecture Inc. v. Schneickert
Arbitrator is authorized to compel defendant to retract defamatory statements based on scope of parties' agreement. 		Civil Procedure Apr. 18, 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 Apr. 17, 2011
Los Angeles Gay and Lesbian Center v. Superior Court (Bomersheim)
Court properly permits opt-out mechanism in class action where it did not violate patients’ privacy rights because sensitive information was not subject to exposure. 		Civil Procedure Apr. 13, 2011
R.S. v. PacifiCare Life and Health Insurance Co.
Plaintiffs' lawsuit in California is barred by full faith and credit clause, which applies to Missouri's compulsory counterclaim rule. 		Civil Procedure Apr. 12, 2011
Krikorian Premiere Theatres LLC v. Westminster Central LLC
Order taxing costs on appeal issued by court after remand is immediately appealable as postjudgment order. 		Civil Procedure Apr. 11, 2011
Gutierrez v. Advanced Medical Optics Inc.
Court must reconsider initial dismissal of case based on adequate alternative forum where foreign forum subsequently denied jurisdiction. 		Civil Procedure Apr. 7, 2011
De La Cuesta v. Benham
Court abuses its discretion in awarding attorney fees because determination that there was no prevailing party created extremely uneven result in case. 		Civil Procedure Mar. 31, 2011
Robidoux v. Rosengren
Court’s determination of whether proposed settlement serves best interests of minor plaintiffs is limited to whether net amount distributed to each minor is fair and reasonable. 		Civil Procedure Mar. 31, 2011
California Shock Trauma Air Rescue v. State Compensation Insurance Fund
Plaintiff’s expectation of federal preemption defense is insufficient to establish federal subject matter jurisdiction over state-law claims. 		Civil Procedure Mar. 31, 2011
City of Alhambra v. D'Ausilio
Court properly denies anti-SLAPP motion challenging declaratory relief claim for determination that defendant’s involvement in protests violated settlement agreement. 		Civil Procedure Mar. 30, 2011
Lee v. Kwong
Trial court has jurisdiction to vacate dismissal and reinstate arbitration award pursuant to parties’ agreement to arbitrate and attorney fee provision. 		Civil Procedure Mar. 30, 2011
Cafasso v. General Dynamics C4 Systems Inc.
Court properly dismisses False Claims Act action for failure to assert claim for payment or any particular circumstance of fraud committed against government. 		Civil Procedure Mar. 25, 2011
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