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Name Category Published
Nelson v. City of Davis
'Sham affidavit' rule does not preclude introduction of witness testimony that contradicts plaintiff's deposition testimony. 		Civil Procedure Jul. 8, 2009
Kobayashi v. Superior Court (Han)
Petition to appeal dismissal of case for failure to obtain prefiling order denied where plaintiff was found to be 'vexatious litigant.' 		Civil Procedure Jul. 2, 2009
Cadkin v. Loose
Circuit overrules case holding that defendant is prevailing party for attorney's fee award purposes where plaintiff voluntary dismisses without prejudice. 		Civil Procedure Jun. 29, 2009
Terry v. SLICO
Service of deposition subpoena on nonparty witness is effective without accompanying affidavit pursuant to Civil Discovery Act. 		Civil Procedure Jun. 29, 2009
Carmel Ltd. v. Tavoussi
Defendants substantially comply with requirements for relief from default judgment where counsel's declaration showed neglect and proposed answer was available. 		Civil Procedure Jun. 29, 2009
Johnson v. E-Z Insurance Brokerage Inc.
Property transfer through quitclaim deed after filing for bankruptcy is invalid, judgment lien still attached. 		Civil Procedure Jun. 24, 2009
Palacio Del Mar Homeowners Association Inc. v. McMahon
Domain name not subject to direct turnover to judgment creditor. 		Civil Procedure Jun. 18, 2009
Mollison v. United States of America
United States properly served petition to quash summons within 120-day period after receipt of notice of summons. 		Civil Procedure Jun. 16, 2009
Kamm v. ITEX Corp.
Forum selection clause is not 'defect' precluding review of order removing case to federal court. 		Civil Procedure Jun. 16, 2009
Haro v. City of Rosemead
Class action under Fair Labor Standard Act of 1938 cannot be maintained where plaintiffs must opt-in to participate. 		Civil Procedure Jun. 11, 2009
United States ex rel. Eisenstein v. City of New York
United States is not considered 'party' in privately initiated False Claims Act action where right to intervene not exercised. 		Civil Procedure Jun. 9, 2009
Kearns v. Ford Motor Co.
Class action alleging fraudulent conduct under state law removed to federal court must satisfy particularity pleading requirement. 		Civil Procedure Jun. 9, 2009
Doppes v. Bentley Motors Inc.
Trial court abuses its discretion by failing to impose terminating sanctions against defendant for repeated misuse of discovery process. 		Civil Procedure Jun. 9, 2009
Valentine Capital Asset Management Inc. v. Agahi
Arbitration between Financial Industry Regulatory Authority member representatives is not required where dispute does not arise from work conducted in representative capacity. 		Civil Procedure Jun. 1, 2009
Aguilera v. Heiman
Negligence claim not equitably tolled where defendants were joined in first claim for workers' compensation after statute of limitations had expired. 		Civil Procedure Jun. 1, 2009
Bi-Coastal Payroll Services Inc. v. California Insurance Guarantee Association
Minute order entitled 'Notice of Entry' of judgment does not trigger 60-day period for filing notice of appeal. 		Civil Procedure Jun. 1, 2009
Garcia v. Santana
Trial court fails to consider entirety of circumstances in deciding whether to grant reasonable attorney fees against indigent plaintiff. 		Civil Procedure May 31, 2009
Kojababian v. Genuine Home Loans Inc.
Summary judgment proper where moving party shows absence of triable issues of material fact and opposing party fails to file separate statement. 		Civil Procedure May 31, 2009
Rodriguez v. Henard
Motion to set aside default judgment denied where alleged zip code defect in affidavits of mailing deemed not prejudicial. 		Civil Procedure May 31, 2009
Pelayo v. J.J. Lee Management Co. Inc.
Default judgment against 'Doe' defendant is improper where proof of service fails to state fictitious name under which defendant was served. 		Civil Procedure May 31, 2009
Applera Corp. v. MP Biomedicals LLC
Plaintiff properly sues in state court where breach of contract claim involved alleged failure to pay royalties under patent licensing agreement. 		Civil Procedure May 31, 2009
Dee v. PCS Property Management Inc.
Proposed expert testimony is properly excluded where experts relied on unsupported assumption that mold exposure caused plaintiff’s symptoms. 		Civil Procedure May 31, 2009
Hernandez v. City of Pomona
Federal judgment collaterally estops plaintiffs from pursuing wrongful death claim based on officers' allegedly negligent preshooting conduct. 		Civil Procedure May 28, 2009
Yamaha Motor Co. Ltd. v. Superior Court (Connors)
Hague Service Convention not applicable where Japanese manufacturer is validly served under California law via service on American subsidiary. 		Civil Procedure May 27, 2009
Magana Cathcart McCarthy v. CB Richard Ellis Inc.
Stipulated judgment cannot stand where parties failed to comply with summary judgment requirements. 		Civil Procedure May 25, 2009
Lewis C. Nelson & Sons Inc. v. Lynx Iron Corp.
Grant of motion to vacate voluntary dismissal deemed improper where adverse dispositive ruling not inevitable. 		Civil Procedure May 25, 2009
Avery v. First Resolution Management Corp.
Claim that defendants attempted to collect time-barred debt fails where parties lawfully adopted state's statute of limitations and tolling provisions. 		Civil Procedure May 25, 2009
Center for Self-Improvement and Community Development v. Lennar Corp.
Suspension of corporate powers at time of serving Proposition 65 notice is cured by revivor. 		Civil Procedure May 21, 2009
Manhattan Loft LLC. v. Mercury Liquors Inc.
Anti-SLAPP statute does not protect recording of lis pendens for property where no civil action was filed. 		Civil Procedure May 19, 2009
Elkman v. National States Insurance Co
Acceptance of premium payments from California resident does not establish jurisdiction over out-of-state insurance company. 		Civil Procedure May 17, 2009
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