Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G039985
|
Pellegrino v. Robert Half International Inc.
Court does not deny defendant’s right to jury trial where equitable issues were decided first and judgment was entered on parties’ stipulation. |
Civil Procedure |
|
Feb. 28, 2010 | |
07-16788
|
Office Depot Inc. v. Zuccarini
District court has quasi in rem jurisdiction over domain names registered in its district. |
Civil Procedure |
|
Feb. 28, 2010 | |
B216373
|
Gravillis v. Coldwell Banker Residential Brokerage Company
Court cannot review arbitration where parties’ arbitration agreement gives up right to appeal and is silent to scope of review. |
Civil Procedure |
|
Feb. 28, 2010 | |
G040762
|
Pellegrino v. Robert Half International Inc.
Court properly enhances attorney fee award where litigation involved complex employment law and was undertaken by attorneys on contingency basis. |
Civil Procedure |
|
Feb. 25, 2010 | |
08-36056
|
Kode v. Carlson
Objection to jury verdict of zero damages is not waived after jury is discharged where objection is only based on one verdict. |
Civil Procedure |
|
Feb. 25, 2010 | |
C051841
|
McAdams v. Monier Inc.
On remand, trial court must determine if representative plaintiff meets standing requirements for class action. |
Civil Procedure |
|
Feb. 24, 2010 | |
G039984
|
Daniels v. Robbins
Attorneys’ anti-SLAPP motion is granted against plaintiff’s malicious prosecution claim where plaintiff only showed that client acted with malice. |
Civil Procedure |
|
Feb. 24, 2010 | |
08-1107
|
Hertz Corp. v. Friend
For purposes of diversity jurisdiction, corporation's 'principal place of business' refers to place where corporation’s officers direct, control, and coordinate corporation’s activities. |
Civil Procedure |
|
Feb. 23, 2010 | |
B207865
|
Oaktree Capital Management L.P. v. Bernard
Arbitration award is not subject to court review where arbitrator makes legal conclusion based on disputed evidence. |
Civil Procedure |
|
Feb. 22, 2010 | |
F055729
|
Thiara v. Pacific Coast Khalsa Diwan Society
60-day period for filing appeal does not commence based on plaintiffs’ attorney’s cover letter establishing date of copy of judgment. |
Civil Procedure |
|
Feb. 22, 2010 | |
S162435
|
McCann v. Foster Wheeler LLC
Oklahoma statute of repose applies in California asbestos exposure case where Oklahoma’s interest would be more impaired by failure to apply statute. |
Civil Procedure |
|
Feb. 18, 2010 | |
G042396
|
Anderson v. Chikovani
Latest deadline for filing notice of appeal is triggered where party was not served notice of order denying new trial. |
Civil Procedure |
|
Feb. 12, 2010 | |
B209486
|
Jaimez v. DAIOHS USA Inc.
Trial court incorrectly denies class certification based on inadequacy of class representative. |
Civil Procedure |
|
Feb. 10, 2010 | |
08-17304
|
Schultz v. Judgment Resolution Corp.
Mandatory Victims Restitution Act victim cannot interplead to collect on assets where debtor has already paid debt to another party. |
Civil Procedure |
|
Feb. 10, 2010 | |
07-16825
|
Yokoyama v. Midland National Life Insurance Co.
Class certification is appropriate where determination of reliance on defendant’s deceptive practices is based on objective reasonable person standard. |
Civil Procedure |
|
Feb. 9, 2010 | |
08-16479
|
Omstead v. Dell Inc.
Court abuses its discretion by dismissing plaintiffs’ action for failure to prosecute where no unreasonable delay was shown. |
Civil Procedure |
|
Feb. 8, 2010 | |
E045796
|
Villano v. Waterman Convalescent Hospital Inc.
Otherwise appealable judgment rendered with consent of appellant is non-appealable because prejudice was not shown. |
Civil Procedure |
|
Feb. 8, 2010 | |
S162655
|
Goodman v. Lozano
Plaintiffs are not prevailing parties where they took nothing against nonsettling defendants due to offset by amount received from settling defendants. |
Civil Procedure |
|
Feb. 5, 2010 | |
07-16857
|
United States ex rel. Haight v. Catholic Healthcare West
Supreme Court decision, which set False Claims Act filing deadline at 30 days, retroactively applies to appeals filing, rendering it untimely. |
Civil Procedure |
|
Feb. 5, 2010 | |
S156598
|
Brown, Winfield & Canzoneri Inc. v. Superior Court (Great American Insurance Co.)
Court of Appeal may issue suggestive 'Palma' notice without notice to or solicitation from opposing real party in interest. |
Civil Procedure |
|
Feb. 2, 2010 | |
B205856
|
Biscaro v. Stern
Trial court commits structural error in failing to rule on disabled person’s request for accommodation through assistance by neuropsychologist. |
Civil Procedure |
|
Feb. 1, 2010 | |
G039985
|
Pellegrino v. Robert Half International Inc.
Court does not deny defendant’s right to jury trial where equitable issues were decided first and judgment was entered on parties’ stipulation. |
Civil Procedure |
|
Feb. 1, 2010 | |
H033329
|
Robles v. Chalilpoyil
Anti-SLAPP motion is properly denied where plaintiffs’ negligence claim was based on their own expert’s false deposition testimony. |
Civil Procedure |
|
Jan. 29, 2010 | |
C062366
|
Mansouri v. Superior Court (Fleur du Lac Estates Association)
Court errs by compelling arbitration where homeowners’ association failed to demand arbitration based on agreement and other party did not refuse arbitration. |
Civil Procedure |
|
Jan. 29, 2010 | |
B215861
|
Arce v. Kaiser Foundation Health Plan Inc.
Demurrer is erroneously granted where action against insurer for denying autism therapies had questions of law and fact common to class. |
Civil Procedure |
|
Jan. 28, 2010 | |
B215457
|
State Farm General Insurance Co. v. JT's Frames Inc.
Order denying motion to quash is not appealable where party contesting jurisdiction fully participated in resolving action’s merits while writ was pending. |
Civil Procedure |
|
Jan. 28, 2010 | |
G040457
|
Stein v. York
Default judgment amounting to $2.65 million is void where complaint failed to state amount of damages requested. |
Civil Procedure |
|
Jan. 27, 2010 | |
08-16166
|
Hoffman v. Tonnemacher
District courts have discretion to permit successive motions for summary judgment, which are particularly appropriate on expanded factual record. |
Civil Procedure |
|
Jan. 22, 2010 | |
138,Orig
|
State of South Carolina v. State of North Carolina
Nonstate intervenor in original action must show compelling interest apart from other state citizens, which state cannot properly represent. |
Civil Procedure |
|
Jan. 21, 2010 | |
A123989
|
California Correctional Peace Officers Association v. Virga
State officials are not entitled to attorney fees where complaints were based on federal claims, rather than California Tort Claims Act. |
Civil Procedure |
|
Jan. 20, 2010 |