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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
Gutierrez v. California Commerce Club Inc.
Class suitability is improperly determined on demurrer where defendant's liability could be determined by reviewing single set of common facts.
Civil Procedure Aug. 24, 2010
Archdiocese of Milwaukee Supporting Fund Inc. v. Mercury Interactive Corp.
Court may not set deadline for class members to object to proposed attorney fees before counsel’s deadline for filing fee motion.
Civil Procedure Aug. 19, 2010
Whittlestone Inc. v. Handi-Craft Co.
Court may not grant motion to strike claim for damages as matter of law under Federal Rule of Civil Procedure 12(f).
Civil Procedure Aug. 18, 2010
Johnson v. Gruma Corp.
Arbitrator did not have to disclose his wife’s past relationship with party’s counsel, so trial court properly confirms his award.
Civil Procedure Aug. 16, 2010
Ebbetts Pass Forest Watch v. California Dept. of Forestry and Fire Protection (Sierra Pacific Industries)
Conservation groups are not entitled to attorney fees where litigation did not result in vindication of any important right affecting public interest.
Civil Procedure Aug. 11, 2010
Ebeid v. Lungwitz
Implied false certification claim under False Claims Act must be pleaded with particularity to give defendant notice of allegations.
Civil Procedure Aug. 10, 2010
Mito v. Temple Recycling Center Corp.
Court clerk must file complaint if it complies with state requirements, regardless of failure to comply with local rule requirements.
Civil Procedure Aug. 10, 2010
Reid v. Google Inc.
Trial court’s failure to rule on party’s evidentiary objections relating to summary judgment motion does not waive objections on appeal.
Civil Procedure Aug. 6, 2010
Trackman v. Kenney
Proof of service is not facially void where name of person given summons was stated as ‘John Doe, co-resident,’ not name of party.
Civil Procedure Aug. 6, 2010
United States v. Mesle
Defendant’s ordinary ignorance of law is not extreme circumstance to justify default judgment entered against him.
Civil Procedure Aug. 5, 2010
Haworth v. Superior Court (Ossakow)
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 Aug. 3, 2010
Tucker v. Pacific Bell Mobile Services
Trial court lacks authority to award costs of future deposition as discovery sanction where individual had not yet incurred those costs.
Civil Procedure Aug. 2, 2010
Sacramento Suncreek Apartments LLC v. Cambridge Advantaged Properties II L.P.
Trial court properly dismisses action for lack of personal jurisdiction against nonresidential limited partners of business that managed apartment complex.
Civil Procedure Aug. 2, 2010
Chapala Management Corp. v. Stanton
Attorney fees awarded pursuant to action for injunctive relief are routine costs subject to automatic stay pending appeal.
Civil Procedure Jul. 30, 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 Jul. 29, 2010
Cellphone Fee Termination Cases
Notice to class members of class action settlement is adequate where court carefully reviews content of notice detailing rights and obligations.
Civil Procedure Jul. 28, 2010
People v. Meyer
Court properly denies motion to attend traffic school in lieu of adjudicating speeding offense, despite violator’s lack of driver’s license.
Civil Procedure Jul. 26, 2010
County of San Diego v. Gorham
Court that fails to serve father lacks personal jurisdiction and must dismiss action.
Civil Procedure Jul. 22, 2010
Bozzi v. Nordstrom Inc.
Material dispute does not exist where plaintiff’s expert does not state facts to support opinion for product liability claim.
Civil Procedure Jul. 14, 2010
Kruss v. Booth
Plaintiff has right to amend complaint where question exists as to choice of law governing foreign company practices.
Civil Procedure Jul. 13, 2010
Couch v. Telescope Inc.
Appeals court lacks jurisdiction over appeal of denial of motion to dismiss where no substantial ground for difference of opinion existed.
Civil Procedure Jul. 9, 2010
Litwin v. Estate of Formela
Statute of limitations is not tolled for claims against nonresident motorists who may be served with process through Dept. of Motor Vehicles.
Civil Procedure Jul. 9, 2010
Betz v. Trainer Wortham & Co. Inc.
Remand to district court is appropriate because it has more available procedures than appellate court to determine issues of material fact.
Civil Procedure Jul. 8, 2010