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U.S. v. Gonzalez Becerra
Sentencing Guideline commentary defining ‘victims’ of mail theft is compatible with the term ‘victims’ in U.S.S.G. §2B1.1.
Civil Procedure Apr. 14, 2015
People v. Diaz
Motion to release confidential juror identifying information made after conviction, sentence and appeal is untimely and defendant’s appeal must be dismissed.
Civil Procedure Apr. 14, 2015
United States v. Aguilar
Grant of default judgment does not require court to articulate why the case presents ‘extreme circumstances;’ lack of meritorious defense justifies denial of appellants’ motion to set aside default.
Civil Procedure Apr. 12, 2015
C.W. v. Capistrano Unified Sch. Dist.
Deliberate ruling below by Administrative Law Judge helps substantiate plaintiff’s claims as non-frivolous.
Civil Procedure Apr. 9, 2015
County of L.A. v. Williamsburg National Ins. Co.
Surety requesting extension as to bail forfeiture must be given hearing before summary judgment may be entered.
Civil Procedure Apr. 6, 2015
Eminence Investors v. BNYM
No federal jurisdiction where ‘securities exception’ under CAFA applies to case brought by holders of bonds against bank.
Civil Procedure Apr. 2, 2015
Carian v. Dept. Fish & Wildlife
Notification to only some relevant parties not enough to meet ‘reasonable attempt to settle’ standard as it relates to attorney fees provision.
Civil Procedure Apr. 2, 2015
DeCambre v. Rady Children’s Hospital-San Diego
Physician defeats San Diego hospital’s anti-SLAPP motion because her harassment claim did not arise from protected activity.
Civil Procedure Apr. 2, 2015
Jordan v. Nationstar Mortgage LLC
Removal under CAFA is timely although it was more than two years after case became removable on federal question grounds.
Civil Procedure Apr. 1, 2015
Reyes v. Dollar Tree Stores
Federal court has jurisdiction because state court’s class certification order created CAFA jurisdiction by expanding amount-in-controversy.
Civil Procedure Apr. 1, 2015
Britton v. Girardi
Probate Code § 16460’s duty of inquiry triggered when plaintiffs received insufficient settlement information from defendants in 1997; thus, 2012 suit barred by statute of limitations.
Civil Procedure Apr. 1, 2015
Simplon Ballpark, LLC v. Scull
Failure to raise presumption of invalidity of proof of service bars challenge on appeal.
Civil Procedure Mar. 30, 2015
Sussex v. U.S. District Court
‘Evident partiality’ of arbitrator must be supported by a significant showing before district court can disqualify such arbitrator.
Civil Procedure Mar. 29, 2015
BNSF Railway Co. v. Superior Court (Kralovetz)
California lacks jurisdiction over out-of-state corporation even though it conducted substantial business in the state.
Civil Procedure Mar. 29, 2015
Yee v. American National Insurance Co.
Preliminary injunction that is indistinguishable from judgment on the merits is improper, where extrinsic evidence is required.
Civil Procedure Mar. 24, 2015
McCready v. Whorf
Widow may recover judgment lien from debtor through his business profits despite bankruptcy court’s discharge of debtor’s personal liability.
Civil Procedure Mar. 24, 2015
MTB Enterprises Inc. v. ADC Venture 2001-2 LLC
FIRREA requires dismissal of jilted borrower’s lawsuit against failed financial institution because it was filed in wrong court.
Civil Procedure Mar. 23, 2015
Boyce v. T.D. Service Company
Court declares ‘Enough!’ from homeowner who lost his home due to default and kept suing parties for wrongful foreclosure.
Civil Procedure Mar. 23, 2015
Munns v. Kerry
Family members and former coworker of kidnapped and murdered security contractors did not have standing to sue government because they could not demonstrate injury in fact.
Civil Procedure Mar. 22, 2015
Picot v. Weston
Two trips to California for business purposes not sufficient for exercise of specific personal jurisdiction over Michigan resident.
Civil Procedure Mar. 19, 2015
Trilogy at Glen Ivy v. Shea Homes
Defendant homebuilder’s contortion of anti-SLAPP statute fails as premised upon unlikely interpretation of complaint.
Civil Procedure Mar. 19, 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 Mar. 18, 2015
City of Glendale v. Marcus Cable Associates
Cable service provider’s request for costs of proof incurred pre-trial is prohibited by Section 555a(a) of the Cable Communications Policy Act.
Civil Procedure Mar. 18, 2015
Baker v. Castaldi
So-called ‘judgment’ that left issue of punitive damages for future determination is interlocutory and nonappealable.
Civil Procedure Mar. 17, 2015
York v. Strong
Attorney fees incurred in enforcement of anti-SLAPP judgment recoverable.
Civil Procedure Mar. 11, 2015
DeCambre v. Rady Children’s Hospital-San Diego
Physician defeats San Diego hospital’s anti-SLAPP motion because her harassment claim did not arise from protected activity.
Civil Procedure Mar. 11, 2015
Animal Legal Defense Fund v. LT Napa
Claimed diversion of resources to combat defendants’ illegal sales of foie gras demonstrates a probability of prevailing on standing issue sufficient to survive anti-SLAPP motion.
Civil Procedure Mar. 8, 2015
National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co.
After settling third party claim, Costco is not limited to underlying plaintiff’s evidence of liability in contractual indemnity suit against Yokohama.
Civil Procedure Mar. 8, 2015
Tract 19051 Homeowners Assn. v. Kemp
Davis-Stirling Common Interest Development Act provides for award of attorney fees to prevailing defendant even if governing document of a common interest development not proven under the Act.
Civil Procedure Mar. 5, 2015
Rush v. Sport Chalet, Inc.
District court abuses its discretion by failing to conduct a prejudice analysis when it chooses to dismiss rather than sever defendants.
Civil Procedure Mar. 3, 2015