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Name Category Published
Green v. Laibco LLC
Court lacks jurisdiction to rule on motion for new trial after 60-day limit expires from time moving party files notice of intention. 		Civil Procedure Feb. 2, 2011
King v. American Family Mutual Insurance Co.
Mere appointment of agent for service of process in state does not constitute generalized consent to be sued in that state. 		Civil Procedure Feb. 1, 2011
Alameda Books Inc. v. City of Los Angeles
Court improperly grants summary judgment where question exists on whether plaintiffs presented actual and convincing evidence casting doubt on rationale for ordinance. 		Civil Procedure Jan. 31, 2011
Coleman v. Estes Express Lines Inc.
Federal district court is limited to complaint in deciding whether criteria for local controversy exception to removal are satisfied. 		Civil Procedure Jan. 27, 2011
Alliance for the Wild Rockies v. Cottrell
Although plaintiffs must also satisfy other factors, 'serious questions' test for determining whether to issue preliminary injunctions remains viable. 		Civil Procedure Jan. 26, 2011
Ortiz v Jordan
Party claiming qualified immunity may not appeal denial of summary judgment after district court conducted full trial on merits. 		Civil Procedure Jan. 25, 2011
City of Arcadia v. State Water Resources Control Board
Court fails to give collateral estoppel effect to decisions involving issues concerning application of Water Code and trash total maximum daily load for drains. 		Civil Procedure Jan. 24, 2011
Destfino v. Reiswig
Each defendant has 30 days to file notice of removal and may cure defect by joining only those defendants who have been properly served. 		Civil Procedure Jan. 24, 2011
Mason and Dixon Intermodal Inc. v. Lapmaster International LLC
State settlement law is not preempted by federal law governing interstate carriers where state law does not limit carrier’s responsibilities. 		Civil Procedure Jan. 19, 2011
Hypertouch Inc. v. ValueClick Inc.
State claim for deceptive advertisement in electronic mail is not preemptively barred by Controlling Assault of Non-Solicited Pornography and Marketing Act of 2003. 		Civil Procedure Jan. 19, 2011
Conservatorship of McQueen
Under collateral source doctrine, Social Security Supplemental Income payments received by plaintiff are properly excluded in considering amount of damage award. 		Civil Procedure Jan. 18, 2011
Grewal v. Jammu
Abuse of anti-SLAPP procedure by losing defendant, which filed unmeritorious motions, results in delayed justice to plaintiff. 		Civil Procedure Jan. 13, 2011
Burton v. Cruise
Waiver of arbitration exists where party pursued litigation and failed to request arbitration until trial was set to begin. 		Civil Procedure Jan. 13, 2011
Las Vegas Sands LLC v. Nehme
Documents are improperly excluded for lack of authenticity based on personal knowledge where they can be authenticated by reviewing their contents. 		Civil Procedure Jan. 11, 2011
Flores v. Georgeson
Prefiling order does not require vexatious litigant who is represented by counsel to obtain permission to present litigation for filing. 		Civil Procedure Jan. 10, 2011
Najera v. Huerta
Costs are properly denied where settlement offer was made concurrently with complaint, and defendant had no opportunity to evaluate offer. 		Civil Procedure Jan. 10, 2011
Perry v. Schwarzenegger
Local municipality has no significant protectable interest to justify intervening in action related to state marriage laws. 		Civil Procedure Jan. 5, 2011
MKJA Inc. v. 123 Fit Franchising LLC
Court may not lift stay of action pursuant to order to compel arbitration based on party’s inability to afford cost of arbitration. 		Civil Procedure Jan. 4, 2011
Osseous Technologies of America Inc. v. DiscoveryOrtho Partners LLC
Court properly declines to grant declaratory relief where facts as pleaded amounted to breach of contract dispute looking to past conduct. 		Civil Procedure Dec. 28, 2010
Patton v. Target Corp.
State’s consent is not necessary for entry of judgment giving effect to settlement that would eliminate punitive damages that State is entitled to. 		Civil Procedure Dec. 27, 2010
Greensprings Baptist Christian Fellowship Trust v. Cilley
Court lacks jurisdiction under collateral order doctrine to entertain appeal from order granting anti-SLAPP motion with leave to amend complaint. 		Civil Procedure Dec. 27, 2010
Golin v. Allenby
Court abuses its discretion in concluding that vexatious litigants are unlikely to prevail on merits with no legal or evidentiary basis. 		Civil Procedure Dec. 26, 2010
Talley v. Valuation Counselors Group Inc.
State claim is not automatically preserved upon resolution of federal claim where plaintiff fails to pursue litigation in state court while appealing federal orders. 		Civil Procedure Dec. 22, 2010
City of Arcadia v. State Water Resources Control Board
Court fails to give collateral estoppel effect to decisions involving issues concerning application of Water Code and trash total maximum daily load for drains. 		Civil Procedure Dec. 22, 2010
Blix Street Records Inc. v. Cassidy
Party is judicially estopped from denying contract’s enforceability where party previously asserted to court that agreement was enforceable, leading to trial dismissal. 		Civil Procedure Dec. 21, 2010
Norse v. City of Santa Cruz
Court must give party adequate notice and time to prepare for hearing before sua sponte summary judgment can be granted. 		Civil Procedure Dec. 15, 2010
Marriage of Mosley
Presumptive filing date for purposes of time limit for appeal is rebuttable with evidence that order was not accessible to public. 		Civil Procedure Dec. 13, 2010
Stasz v. Eisenberg
Plaintiff is not entitled to notice of finality of venue transfer order because she failed to challenge order by writ of mandate. 		Civil Procedure Dec. 12, 2010
Cohen v. City and County of San Francisco
Court has no jurisdiction over sanction order appeal filed more than 180 days from remand order, which is considered ‘final.’ 		Civil Procedure Dec. 12, 2010
Burton v. Cruise
Waiver of arbitration exists where party pursued litigation and failed to request arbitration until trial was set to begin. 		Civil Procedure Dec. 9, 2010
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