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Name Category Published
Goodman v. Lozano
Defendants who pay nothing despite adverse judgment are properly named ‘prevailing party’ for purposes of awarding costs and attorney fees. 		Civil Procedure Feb. 11, 2008
Roybal v. Governing Board of the Salinas City Elementary School District
Attorney fees are not warranted where evidence does not support plaintiffs' award of 'private attorney general' fees. 		Civil Procedure Feb. 8, 2008
Nygård Inc. v. Uusi-Kerttula
Employer’s claims arising from statements made by former employee are properly stricken pursuant to anti-SLAPP motion. 		Civil Procedure Feb. 5, 2008
Noble v. Draper
Plaintiffs’ fraud and unfair business practice claims against defendants are not precluded by prior administrative hearing concerning their wage claims. 		Civil Procedure Feb. 4, 2008
Murphy v. Check 'N Go of California Inc.
In wage and hour case, class action waiver compelling arbitration of misclassified employee's right to overtime pay is exculpatory and unconscionable. 		Civil Procedure Jan. 30, 2008
Doe v. Salesian Society
Plaintiffs’ presentation of limited evidence is insufficient to raise inference that defendant entity had notice of its employee’s unlawful sexual conduct. 		Civil Procedure Jan. 30, 2008
Saxena v. Goffney
Physician is entitled to judgment notwithstanding the verdict where special verdict form did not require jury to determine whether he committed battery. 		Civil Procedure Jan. 28, 2008
CashCall Inc. v. Superior Court (Cole)
Trial court properly orders precertification discovery in class action for purpose of identifying class members. 		Civil Procedure Jan. 25, 2008
Contractors Equipment Maintenance Co. Inc. v. Bechtel Hanford Inc.
Supersedeas bond does not encompass judgment against two parties where bond agreement indicates only one party as principal. 		Civil Procedure Jan. 25, 2008
CKE Restaurants v. Moore
Fast food operator fails to show probability of prevailing in action arising from requirement to warn consumers that its fries contain naphthalene. 		Civil Procedure Jan. 25, 2008
Comedy Club Inc. v. Improv West Associates
Court lacks jurisdiction to review untimely appeal from order compelling arbitration, but confirms arbitrator's authority to resolve disputes arising from trademark agreement. 		Civil Procedure Jan. 24, 2008
Zevnik v. Superior Court (Rayonier Inc.)
Where appellate court affirms decision, only grounds it relied on can establish collateral estoppel. 		Civil Procedure Jan. 23, 2008
United States v. Approximately $1.67 Million (US) in Cash, Stock, and Other Valuable Assets
Defendant’s drug trafficking interactions within district giving rise to government’s civil forfeiture action are sufficient to invest district court with in rem jurisdiction. 		Civil Procedure Jan. 23, 2008
Burdette v. Carrier Corp.
Claim and issue preclusion bar plaintiff’s slander claims where plaintiff’s same slander claims have already been resolved against him in prior federal action. 		Civil Procedure Jan. 22, 2008
Huh v. Wang
Appellant who fails to act diligently or explain delay is not entitled to relief from summary judgment for excusable attorney neglect. 		Civil Procedure Jan. 18, 2008
Amtower v. Photon Dynamics Inc.
Court should afford litigant protections provided by trial or statutory process rather than utilize motion in limine to adjudicate litigant's claim. 		Civil Procedure Jan. 18, 2008
CDF Firefighters v. Maldonado
Labor union seeking damages from its member must establish all elements of its contractual claim, like any other civil litigant must do. 		Civil Procedure Jan. 16, 2008
Puerto v. Superior Court (Wild Oats Markets Inc.)
Court order mandating opt-in notice for party to receive witnesses’ contact information during discovery is abuse of discretion. 		Civil Procedure Jan. 16, 2008
Heritage Provider Network Inc. v. Superior Court (Eastland Medical Group Inc.)
Trial court does not have discretion to deny motion to stay proceedings before it involving issues that overlap with controversy in arbitration proceedings. 		Civil Procedure Jan. 15, 2008
Esther B. v. City of Los Angeles
Mandatory relief under Code of Civil Procedure Section 473(b) is not proper where attorney fails to show she represented any taxpayer other than herself. 		Civil Procedure Jan. 14, 2008
Hogar v. Community Development Commission of the City of Escondido
Plaintiff is successful party and entitled to attorney fees where his lawsuit motivated defendant to voluntarily provide relief. 		Civil Procedure Jan. 11, 2008
Nielsen v. Beck
Former attorney's advice to client about 'same subject matter' after substitution presents triable issue tolling statute of limitations for malpractice action. 		Civil Procedure Jan. 9, 2008
John R. Sand & Gravel Co. v. United States
Lawsuit is properly found to be untimely where Federal Circuit addressed timeliness issue sua sponte. 		Civil Procedure Jan. 9, 2008
Otay River Constructors v. San Diego Expressway
Where plaintiff's petition to compel arbitration is deemed action on contract, defendant is prevailing party as matter of law. 		Civil Procedure Jan. 8, 2008
Dicola v. White Bros. Performance Products Inc.
In products liability action, hearsay declaration by plaintiffs' counsel does not raise triable issue showing defendants manufactured and distributed defective product. 		Civil Procedure Jan. 4, 2008
Hirano v. Hirano
Party’s failure to exchange expert information before initial trial date is irrelevant once resultant judgment is reversed and discovery reopened. 		Civil Procedure Jan. 4, 2008
Bates v. United Parcel Service Inc.
Burden-shifting and qualification standard in 'business necessity' defense does not apply to UPS' discriminatory policy against hearing impaired drivers. 		Civil Procedure Dec. 31, 2007
Engle v. Copenbarger and Copenbarger
Party who secures recovery by accepting statutory offer is entitled to attorney costs and fees unless expressly excluded in offer to compromise. 		Civil Procedure Dec. 27, 2007
Harman v. City and County of San Francisco
Costs for work performed on unsuccessful attorney fee issue in prior appeal must be deleted from total attorney fee award. 		Civil Procedure Dec. 26, 2007
Bell v. Superior Court (H.F. Cox Inc.)
Court improperly denies class certification with respect to overtime and vacation pay claims of hourly employees not excluded by motor carrier exemption. 		Civil Procedure Dec. 24, 2007
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