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Coleman v. Estes Express Lines Inc.
Application for leave to appeal under Class Action Fairness Act of 2005 is granted where important unsettled question was present. 		Civil Procedure Nov. 30, 2010
Dang v. Smith
Summary judgment is properly granted where plaintiff fails to support complaint with evidence of defendant’s negligence. 		Civil Procedure Nov. 30, 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 Nov. 30, 2010
BBA Aviation PLC v. Superior Court (Engen)
Court improperly imputes jurisdiction over parent company without establishing that company had minimum contacts beyond investing in its subsidiary company. 		Civil Procedure Nov. 23, 2010
Hillis v. Heineman
Filing of counterclaim or third-party complaint does not waive defense of improper venue asserted in answer. 		Civil Procedure Nov. 21, 2010
Lewis v. Verizon Communications Inc.
Defendant’s concession that some class members were billed for unauthorized charges places entire billings in controversy, thereby satisfying jurisdictional amount. 		Civil Procedure Nov. 18, 2010
Abaya v. Spanish Ranch I L.P.
Court’s denial of motion to compel arbitration is proper given risk of inconsistent rulings on common issues if different forums are used. 		Civil Procedure Nov. 14, 2010
Cumbre Inc. v. State Compensation Insurance Fund
Jury instruction on doctrine of fair procedure elements is proper although it was not identical to party’s requested wording. 		Civil Procedure Nov. 9, 2010
Toyota Motor Sales U.S.A. Inc. v. Superior Court (Braun)
Court errs in allowing presence of plaintiff's counsel in adjoining room to monitor psychiatric examination where such measures were not needed. 		Civil Procedure Nov. 9, 2010
Laswell v. AG Seal Beach LLC
Denial of motion to compel arbitration based on presence of third-party defendants is improper where defendants were related to facility named in agreement. 		Civil Procedure Nov. 9, 2010
Conservatorship of Whitley
Court may not consider litigant’s nonpecuniary motives in litigation to deny attorney fees under Code of Civil Procedure Section 1021.5. 		Civil Procedure Nov. 8, 2010
Ronald P. Slates APC v. Gorabi
Attorney fees are not recoverable in litigation involving priority of judgments over debtor’s limited assets where enforcement of judgment is not involved. 		Civil Procedure Nov. 7, 2010
Ahanchian v. Xenon Pictures Inc.
Court improperly denies motion for extension to file opposition to summary judgment motion where request was reasonable and would not prejudice parties. 		Civil Procedure Nov. 3, 2010
State of Montana v. BNSF Railway Co.
Injunction may not issue under Anti-Injunction Act where state court proceeding stemmed from facts related to prior federal proceeding, but involved distinct claims. 		Civil Procedure Nov. 1, 2010
Sevidal v. Target Corp.
Class certification is not proper where there is no way to identify class members who purchased mislabeled products from company’s website. 		Civil Procedure Oct. 31, 2010
Kovacevic v. Avalon at Eagles’ Crossing Homeowners Association
Vexatious litigant subject to prefiling order precluding propria persona filings is not excused from dismissal of complaint by subsequent retention of counsel. 		Civil Procedure Oct. 26, 2010
Villacres v. ABM Industries Inc.
Court-approved settlement agreement in class action dismissed without prejudice bars subsequent action by same litigant on same issue raised in previous suit. 		Civil Procedure Oct. 24, 2010
Baharian-Mehr v. Smith
Appeal of order denying anti-SLAPP motion as frivolous encompasses attorney fee award based on denial of motion. 		Civil Procedure Oct. 17, 2010
Malatka v. Helm
Prior restraining order is unappealable where defendant failed to bring appeal before subsequent order was granted. 		Civil Procedure Sep. 29, 2010
Bateman v. American Multi-Cinema Inc.
Court may not deny class certification based on disproportionality of potential damages and actual harm. 		Civil Procedure Sep. 28, 2010
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 Sep. 23, 2010
Doe v. Lincoln Unified School District
Plaintiff has standing to pursue action against school district under fictitious name in order to protect her privacy. 		Civil Procedure Sep. 22, 2010
Haworth v. Superior Court
Former judge’s past censure over jokingly sexist remarks does not affect his ability to be impartial arbitrator in case involving female litigant. 		Civil Procedure Sep. 3, 2010
Atlantic National Trust LLC v. Mt. Hawley Insurance Co.
Appellate court lacks jurisdiction to review district court order remanding case to state court on defect grounds. 		Civil Procedure Sep. 3, 2010
115 Cal.Rptr.3d Vanderkous v. Conley
Final submission of case, barring plaintiff’s voluntary dismissal, occurs when court issues statement of decision, regardless of post-submission evidentiary hearings scheduled. 		Civil Procedure Sep. 3, 2010
Force Framing Inc. v. Chinatrust Bank (U.S.A.)
Claimant serving preliminary stop notice on lender listed in preliminary information sheet may have good faith belief entity is actual construction lender. 		Civil Procedure Sep. 1, 2010
Doe v. Lincoln Unified School District
Plaintiff has standing to pursue action against school district under fictitious name in order to protect her privacy. 		Civil Procedure Aug. 31, 2010
Critzer v. Enos
Court lacks authority to enforce settlement under Code of Civil Procedure Section 664.6 where all parties did not give personal consent to settle. 		Civil Procedure Aug. 31, 2010
Ellerbee v. County of Los Angeles
County cannot be liable for negligence if statute does not impose mandatory duty to ‘promptly’ serve writ of execution. 		Civil Procedure Aug. 30, 2010
Murray v. Alaska Airlines Inc.
Agency’s factual findings included in final order precludes plaintiff from taking subsequent action in court against same parties. 		Civil Procedure Aug. 24, 2010
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