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Name Category Published
Moncrief v. Clark
California attorney's lawsuit against Arizona attorney may proceed after trial court erroneously quashes service of summons for lack of personal jurisdiction. 		Civil Procedure Jul. 21, 2015
Shaoxing City Maolong Wuzhong Down Products Ltd. v. Jeehn & Associates APC
Legal malpractice lawsuit filed more than one year from date former client suffered 'actual injury' is untimely and not subject to tolling. 		Civil Procedure Jul. 21, 2015
Baker v. Microsoft Corp.
It is an error of law and abuse of discretion to strike class action allegations in contravention of applicable precedent. 		Civil Procedure Jul. 20, 2015
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
Code of Civil Procedure Section 1008 governs renewed application for relief from default judgment under Section 473(b); consequently, failure to meet Section 1008 precludes relief from default judgment. 		Civil Procedure Jul. 20, 2015
Ranza v. Nike Inc.
Oregon lacks jurisdiction over Nike's foreign subsidiary where subsidiary lacks sufficient contacts to forum and is not Nike's alter ego. 		Civil Procedure Jul. 16, 2015
Akebia Therapeutics Inc. v. FibroGen Inc.
Biopharmaceutical company is an 'interested person' allowed to seek judicial assistance in the discovery of U.S. patents embroiled in patent disputes in foreign tribunals. 		Civil Procedure Jul. 16, 2015
Siry Investments v. Farkhondehpour
Procedural rule change that occurred between appellate judgment and remittitur bears upon said case; application of changed rule not 'impermissible retroactivity.' 		Civil Procedure Jul. 12, 2015
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (Target Stores Inc.)
Project opponent not entitled to attorney fees because its CEQA action was not catalyst for city's revocation of project's land use entitlements. 		Civil Procedure Jul. 7, 2015
Valley Crest Landscape Development Inc. v. Mission Pools of Escondido Inc.
Court erroneously denies jury trial on express indemnity claim which sought reimbursement, i.e. monetary damages, as opposed to equitable remedy of specific performance. 		Civil Procedure Jul. 5, 2015
Munoz v. City of Tracy
Where parties stipulate to continue trial to a date that is past five-year limit statute, said agreement is sufficient; express waiver of timing statute's protections unnecessary. 		Civil Procedure Jul. 1, 2015
Eckler v. Neutrogena Corp.
Federal law and regulations preempt plaintiff's claims that sunscreen labels violated California law. 		Civil Procedure Jul. 1, 2015
Finton Construction Inc. v. Bidna & Keys APLC
Attorneys successfully dismisses claim for receipt of purportedly stolen hard drive in connection with underlying case under anti-SLAPP statute. 		Civil Procedure Jun. 30, 2015
Ironridge Global IV Ltd. v. ScripsAmerica Inc.
Disentitlement doctrine allows reviewing court to dismiss party's appeal challenging trial court order due to party's repeated violation of same order. 		Civil Procedure Jun. 30, 2015
Fair v. BNSF Railway Co.
Federal Railroad Safety Act does not preclude injured rail worker's negligence claim under the Federal Employers' Liability Act. 		Civil Procedure Jun. 30, 2015
West v. Arent Fox
Peremptory writ, rather than appeal, should be filed following grant of anti-SLAPP motion on SLAPPback claims. 		Civil Procedure Jun. 29, 2015
Parrish v. Latham & Watkins
Upon rehearing, court affirms invocation of "interim adverse judgment rule," based upon denial of summary judgment at lower court level. 		Civil Procedure Jun. 28, 2015
David v. Medtronic Inc.
Presence of nominal defendant cannot defeat forum non conveniens dismissal where, in absence of nominal defendant, action can and should be pursued in alternative forum. 		Civil Procedure Jun. 28, 2015
Falk v. Children's Hospital Los Angeles
Tolling applies to class action because summary judgment in prior class action was not based on defect in class itself but on class representative's defective claims. 		Civil Procedure Jun. 24, 2015
Litt v. Eisenhower Medical Center
Defendant may recover CCP 998 expert fees from plaintiff although co-defendant agreed to indemnify it for litigation costs. 		Civil Procedure Jun. 21, 2015
West v. Arent Fox
Peremptory writ, rather than appeal, should be filed following grant of anti-SLAPP motion on SLAPPback claims. 		Civil Procedure Jun. 18, 2015
Benko v. Quality Loan Service Corp.
Plaintiffs met 'local controversy exception' under Class Action Fairness Act and court abused its discretion in denying plaintiffs leave to amend complaint. 		Civil Procedure Jun. 18, 2015
Womack v. Lovell
Homeowner is bound by admission that contractor was licensed and was not entitled to nonsuit based on contractor's failure to produce certificate of licensure. 		Civil Procedure Jun. 16, 2015
Naffe v. Frey
Political activist may maintain state law claims against county prosecutor in federal court following district court's erroneous decision regarding amount in controversy. 		Civil Procedure Jun. 15, 2015
David v. Medtronic Inc.
Presence of nominal defendant cannot defeat forum non conveniens dismissal where, in absence of nominal defendant, action can and should be pursued in alternative forum. 		Civil Procedure Jun. 14, 2015
Lee v. Silveira
Plaintiff is not entitled to recover CCP 998 fees because judgment was less than plaintiff's offer of compromise after negotiated rate differential is deducted. 		Civil Procedure Jun. 9, 2015
Flam v. Flam
A motion to remand is dispositive and, thus, is beyond the power of a magistrate judge to issue. 		Civil Procedure Jun. 8, 2015
Medina-Nunez v. Lynch
Where court and agency rulings conflict, agency ruling generally trumps and deserves <EM>Chevon</EM> deference, unless court's ruling was based upon unambiguous statutory language. 		Civil Procedure Jun. 8, 2015
Maroney v. Iacobsohn
Conditional grant of new trial a 'nullity with no legal effect;' renders plaintiff's new trial motion denied by operation of law. 		Civil Procedure Jun. 7, 2015
Escobedo v. Applebees
Employee's complaint is deemed filed on date it is delivered to court of clerk, regardless if it was submitted with an in forma pauperis application. 		Civil Procedure Jun. 4, 2015
Kohn Law Group v. Auto Parts Mfg. Miss.
Stay of litigation not an abuse of discretion under first-to-file rule, where similar parties and issues are being litigated in case elsewhere that was filed first. 		Civil Procedure Jun. 4, 2015
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