Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
Jun. 14, 2017 | |
15-457
|
Microsoft Corp. v. Baker
Federal courts of appeal lacks jurisdiction to review order striking class allegations because plaintiffs' 'voluntary-dismissal' tactic does not amount to 'final decision.' |
Civil Procedure |
|
Jun. 12, 2017 | |
D071323
|
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition. |
Civil Procedure |
|
Jun. 8, 2017 | |
16-605
|
Town of Chester v. Laroe Estates Inc.
Intervenors of right must establish Article III standing if they wish to pursue relief not requested by plaintiff. |
Civil Procedure |
|
Jun. 5, 2017 | |
S219567
|
Weatherford v. City of San Rafael
Standing to maintain action to enjoin alleged illegal expenditure of public funds not limited to plaintiffs who have paid property taxes in relevant jurisdiction. |
Civil Procedure |
|
Jun. 5, 2017 | |
B270513
|
Hart v. Darwish
Malicious prosecution filed by tenants against property owners properly dismissed under 'interim adverse judgment' rule even though tenants prevailed in underlying unlawful detainer action. |
Civil Procedure |
|
Jun. 4, 2017 | |
D071323
|
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition. |
Civil Procedure |
|
Jun. 1, 2017 | |
B267358
|
Chango Coffee, Inc. v. Applied Underwriters, Inc.
Orders under Code of Civil Procedure Section 1008(b) are not appealable. |
Civil Procedure |
|
May 31, 2017 | |
16-405
|
BNSF Railway Co. v. Tyrrell
Miles of track and employees does not make BNSF Railway 'at home' in Montana, for general jurisdiction purposes; FELA's 'doing business' statute does not provide jurisdiction but rather refers to venue |
Civil Procedure |
|
May 31, 2017 | |
15-16783
|
Corona-Contreras v. Gruel
Absent motion to remand, district court lacks authority to remand case to state court sua sponte based on procedural defect. |
Civil Procedure |
|
May 30, 2017 | |
15-55432
|
Resh v. China Agritech Inc.
Plaintiffs, who were unnamed class members in prior would-be class actions, are not time-barred from bringing subsequent class action. |
Civil Procedure |
|
May 25, 2017 | |
A147954
|
Guarantee Forklift Inc. v. Capacity of Texas Inc.
Vehicle franchisee has standing to bring suit against franchisor for termination of franchise despite lack of dealer's license. |
Civil Procedure |
|
May 25, 2017 | |
A147522
|
Grappo v. McMills
Default judgment should never have been entered in plaintiff's favor, serving as reminder to courts to properly apply gatekeeper function. |
Civil Procedure |
|
May 24, 2017 | |
16-254
|
Water Splash Inc. v. Menon
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters permits service by mail. |
Civil Procedure |
|
May 23, 2017 | |
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
May 19, 2017 | |
17-15499
|
Broadway Grill Inc. v. Visa Inc.
'Benko' does not allow plaintiff to defeat CAFA's minimal diversity requirement by amending complaint to completely alter class definition. |
Civil Procedure |
|
May 19, 2017 | |
14-56382
|
Amphastar Pharmaceuticals Inc. v. Aventis Pharma SA
Qui tam suit brought under False Claims Act accusing competitor of committing fraud against the federal government properly dismissed for lack of jurisdiction. |
Civil Procedure |
|
May 12, 2017 | |
B277725
|
Ford Motor Warranty Cases
Coordination trial judge errs in refusing to add 467 substantively indistinguishable lemon law cases to the coordination proceeding. |
Civil Procedure |
|
May 9, 2017 | |
B271408
|
Yolanda’s Inc. v. Kahl & Goveia Commercial Real Estate
Judgment creditor may ask third party about location of assets during third party judgment creditor examination even though third party no longer possessed properties in dispute. |
Civil Procedure |
|
May 4, 2017 | |
H043648
|
Fox Factory Inc. v. Superior Court (Isherwood)
'Seriously inconvenient forum' standard is inappropriate in forum non conveniens consideration in tort action involving Canadian plaintiff and California defendant. |
Civil Procedure |
|
May 1, 2017 | |
14-17434
|
Prather v. Sprint Communications Inc.
Purported whistleblower cannot share in government's settlement of False Claims Act action against telecommunications companies because he has no right to intervene in action. |
Civil Procedure |
|
May 1, 2017 | |
B270580
|
Marina Pacifica Homeowners v. Southern Cal. Fin. Corp.
Amendments to Civil Code section does not make transfer fee unenforceable, due to savings clause that keeps fees at issue enforceable |
Civil Procedure |
|
Apr. 25, 2017 | |
B271350
|
Urban Wildlands Group v. City of L.A.
Civil procedure statute allowing courts to vacate rulings as a result of attorney error applies strictly to default judgments and dismissals. |
Civil Procedure |
|
Apr. 17, 2017 | |
15-15362
|
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates. |
Civil Procedure |
|
Apr. 17, 2017 | |
17-15257
|
Dunson v. Cordis Corp.
Defendant unsuccessful in invoking CAFA's mass action provision to remove actions to federal court, where plaintiffs' consolidation motion does not propose joint trial of their claims. |
Civil Procedure |
|
Apr. 17, 2017 | |
C070770
|
Scholes v. Lambirth Trucking Co.
Relation-back doctrine cannot save property owner's trespass claim against adjacent neighbor for damages from fire that started on neighbor's property. |
Civil Procedure |
|
Apr. 10, 2017 | |
15-35296
|
Boston v. Kitsap County
Washington's special tolling statute applicable to tort claims filed against government inapplicable to toll Section 1983 claims, rendering former jail inmate's lawsuit time-barred. |
Civil Procedure |
|
Apr. 10, 2017 | |
13-16909
|
West v. United States
Failure to name appellee not fatal to appeal under Federal Rule of Appellate Procedure 3 as long as notice of appeal references district court order pertaining to unnamed appellee. |
Civil Procedure |
|
Apr. 4, 2017 | |
G054353
|
Quiles v. Parent
Judgment debtor need not post bond to stay execution of judgment pending appeal where he already satisfied damages judgment and was appealing cost-only judgment. |
Civil Procedure |
|
Mar. 29, 2017 | |
16-15849
|
Copeland v. Ryan
Federal criminal rule of procedure requiring court to order reimbursement of petitioner's deposition expenses does not apply to habeas petitions challenging state criminal convictions. |
Civil Procedure |
|
Mar. 29, 2017 |