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Allen v. Bedolla
District court fails to meet heightened procedural standard for review of settlement negotiated in absence of certified class.
Civil Procedure Jun. 2, 2015
Greene v. Bank of America
Where criminal defendant unsuccessfully challenged veracity of principal witness in probable cause hearing, that finding has preclusive effect and stymies eventual malicious prosecution claim after defendant's acquittal.
Civil Procedure May 31, 2015
Sela v. Medical Board of California
Trial court's judgment in physician disciplinary matter that affects status of physician's license is not directly appealable but reviewable only by means of extraordinary writ.
Civil Procedure May 31, 2015
People v. Ford
Where defendant does not object to continuances of restitution hearing, he impliedly consents to eventual imposition of restitution after probationary period has expired.
Civil Procedure May 28, 2015
Animal Protection and Rescue League v. City of San Diego
Municipality may be considered 'opposing party' for purposes of private attorney general fee statute despite its confessed error in writ petition challenging its action.
Civil Procedure May 27, 2015
Leonard v. Superior Court
Case with amount in controversy over $25,000 should have been reclassified as unlimited upon filing of amended cross-complaint and twice attempting to pay reclassification fee.
Civil Procedure May 26, 2015
Kim v. The True Church Members of the Holy Hill Community Church
Court properly defers to decision of highest ecclesiastical tribunal in dispute involving excommunication of members of two church factions.
Civil Procedure May 25, 2015
Diaz-Barba v. Superior Court (Hahn)
Plaintiff may proceed with his action in California court although Mexico was more appropriate forum after Mexican court dismissals rendered that forum 'unavailable.'
Civil Procedure May 25, 2015
Leeman v. Adams Extract & Spice LLC
Trial court may not unilaterally modify terms of settlement agreement with respect to stipulated attorney fees award and force parties to accept it.
Civil Procedure May 21, 2015
Rosas v. BASF Corp.
Where employee relies on doctors' assurances and is not reasonably aware of the cause of his injury, toxic tort claims not barred by statute of limitations.
Civil Procedure May 21, 2015
Kabran v. Sharp Memorial
Where plaintiff in medical negligence suit dies after trial, autopsy evidence giving more definite diagnosis as to plaintiff's injuries merits new trial.
Civil Procedure May 20, 2015
United States v. Pickle
Failure to comply with supplemental civil procedure Rule G(6) does not vitiate standing to contest forfeiture.
Civil Procedure May 19, 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 May 18, 2015
Coleman v. Tollefson
Court may deny in forma pauperis status to prisoner who had accumulated three prior qualifying dismissals although appeal remained pending on one dismissal.
Civil Procedure May 18, 2015
Faton v. Ahmedo
Prevailing party in does not waive right to seek statutory attorney fees by not pleading and proving them at trial, where such fees are incidental to the principal cause of action.
Civil Procedure May 17, 2015
Williams v. Superior Court
In PAGA action, motion to compel discovery of list of statewide retail-store employees is properly denied as premature; reasonable for discovery to proceed in a more incremental fashion.`
Civil Procedure May 17, 2015
Greene v. Bank of America
Where criminal defendant unsuccessfully challenged veracity of principal witness in probable cause hearing, that finding has preclusive effect and stymies eventual malicious prosecution claim after defendant's acquittal.
Civil Procedure May 12, 2015
Bergstein v. Strook & Strook & Lavan LLP
Anti-SLAPP statute bars claims against attorneys protected by the litigation privilege.
Civil Procedure May 10, 2015
Rodriguez v. Cho
Default judgment in wrongful termination action is void for exceeding amount of damages stated in complaint.
Civil Procedure May 7, 2015
United States v. Brown
FRCP 23(b) gives trial court discretion to continue with 11 jurors after one is dismissed during deliberations, even where alternate jurors are available.
Civil Procedure May 3, 2015
PegaStaff v. California Public Utilities Commission
Trial court lacks jurisdiction to preside over constitutional challenge that would effectively interfere with CPUC's performance of its official duties.
Civil Procedure Apr. 30, 2015
Miles v. Deutsche Bank
Demurrer and grant of summary judgment must be reversed where mortgagor adequately stated his claims and court incorrectly applied contract rather than tort measure of damages on wrongful disclosure claim.
Civil Procedure Apr. 30, 2015
Cholakian & Associates v. Superior Court (McDonold)
In multi-defendant case filed in wrong venue, answer must be filed by all defendants before trial court may consider opposition to motion to transfer venue.
Civil Procedure Apr. 29, 2015
People ex. Rel. California Dept. of Transportation v. Hansen’s Truck Stop Inc.
Property owner may be entitled to recover litigation expenses related to eminent domain action state instituted for purposes of building highway interchange.
Civil Procedure Apr. 27, 2015
Jocelyn Allen v. The Boeing Company
Local single event exception under CAFA does not apply where Plaintiffs claims are against different defendants for separate activities.
Civil Procedure Apr. 27, 2015
Seismic Reservoir 2020 Inc. v. Paulsson
Shareholder’s counterclaim fails because relief sought under Alberta Business Corporations Act could only be enforced in designated tribunal—in Alberta, Canada.
Civil Procedure Apr. 27, 2015
Anderson v. Geist
Execution of arrest warrant by peace officers not activity protected by anti-SLAPP statute.
Civil Procedure Apr. 23, 2015
Flethez v. San Bernardino County Employees Retirement Association
Former county employee is not entitled to prejudgment interest on retroactive disability retirement benefits that have not yet vested.
Civil Procedure Apr. 22, 2015
Pasternack v. McCullough
Attorney successfully defeats malicious prosecution action where complainant failed to show underlying action terminated in his favor.
Civil Procedure Apr. 19, 2015
In re County of Orange
Federal court sitting in diversity should have applied more protective state law instead of federal law to evaluate validity of pre-dispute jury trial waiver.
Civil Procedure Apr. 16, 2015