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Gonsalves v. Li
Party may not be examined at trial about negative responses to requests for admission.
Civil Procedure Jan. 14, 2015
Coastal Surgical Institute v. Blevins
Advance payment of damages tolls statute of limitations in medical malpractice suit.
Civil Procedure Jan. 13, 2015
Ibarra v. Manheim Investments Inc.
When class action plaintiff, seeking remand to state court, challenges amount in controversy, both sides must have opportunity to submit proof on issue.
Civil Procedure Jan. 9, 2015
LaCross v. Knight Transportation Inc.
$44 million amount-in-controversy estimate based on reasonable chain of logic and assumptions entitles defendant to remove to federal court.
Civil Procedure Jan. 9, 2015
Campion v. Old Republic Protection Co. Inc.
Class representative’s settlement of individual claims renders appeal over denial of class certification moot because he no longer had personal, financial stake.
Civil Procedure Jan. 2, 2015
Wells Fargo Bank N.A. v. The Best Service Co. Inc.
Trial court’s denial of stay motion is not appealable where it is unaccompanied by any motion or petition to compel arbitration.
Civil Procedure Dec. 18, 2014
Southern California Gas Co. v. Flannery
Trial court properly denies anti-SLAPP motion in interpleader action because interpleader faced threat of liability on competing claims to settlement funds.
Civil Procedure Dec. 17, 2014
Dart Cherokee Basin Operating Co. LLC v. Owens
Class Action Fairness Act does not require notice of removal to include detailed proof that amount in controversy exceeds $5 million.
Civil Procedure Dec. 16, 2014
Saldana v. Occidental Petroleum Corp.
Plaintiffs cannot sue American company for its alleged involvement in killing of union leaders in Colombia because it involves nonjusticiable political question.
Civil Procedure Dec. 16, 2014
Conservatorship of Townsend
Lender may not extend 60-day time period within which to appeal by filing motion to set aside and vacate judgment with temporary judge, rather than court clerk.
Civil Procedure Dec. 15, 2014
Safari Associates v. Superior Court (Tarlov)
Arbitrator’s attorney fee award is proper although arbitrator applied ‘prevailing party’ definition under Civil Code, and not as defined under arbitration agreement.
Civil Procedure Dec. 2, 2014
Bunker Hill Park Ltd. v. U.S. Bank National Association
Trial court must compel arbitration of dispute that falls within broadly worded arbitration provision of ground lease, even if dispute is not yet ‘ripe.’
Civil Procedure Nov. 30, 2014
Laffitte v. Robert Half International Inc.
33.3 percent calculation of class counsel attorney fees paid from $19 million class settlement common fund is proper as a reasonable percentage.
Civil Procedure Nov. 23, 2014
Negro v. Superior Court (Navalimpianti USA Inc.)
Gmail account holder's consent to production of emails in accordance with Florida court order permits Google to disclose emails without violating Stored Communications Act.
Civil Procedure Nov. 19, 2014
Corber v. Xanodyne Pharmaceuticals Inc.
Class Action Fairness Act provides federal court jurisdiction over actions against pharmaceutical companies by plaintiffs who sought coordination ‘for all purposes.’
Civil Procedure Nov. 18, 2014
Conservatorship of Townsend
Lender may not extend 60-day time period within which to appeal by filing motion to set aside and vacate judgment with temporary judge, rather than court clerk.
Civil Procedure Nov. 17, 2014
Overstock.com Inc. v. The Goldman Sachs Group Inc.
In Overstock.com investor litigation, trial court mistakenly seals thousands of irrelevant pages of documents submitted in opposition to summary judgment motions.
Civil Procedure Nov. 13, 2014
Garcia v. Lacey
Trial court improperly declares inmate vexatious litigant based on prior cases he attempted to file, but could not, because his fee waiver applications were denied.
Civil Procedure Nov. 12, 2014
John v. Superior Court (Chan)
Vexatious litigant, who is defendant in current action, may appeal adverse judgment without first obtaining leave to file her appeal.
Civil Procedure Nov. 10, 2014
Giorgio v. Synergy Management Group LLC
Service by publication in Los Angeles Daily Journal is proper where defendant could not be served personally or by mail, despite plaintiff's reasonable diligence.
Civil Procedure Nov. 9, 2014
Thurbon v. Gateway Unified School District
Appellate court lacks jurisdiction to hear attorney’s appeal over district courts’ finding of ethical violations, which was intertwined with disqualification order.
Civil Procedure Nov. 6, 2014
Evilsizor v. Sweeney
Litigant must pay attorney fee sanctions for pursuing motion to quash that was legitimately filed, but was rendered unnecessary by withdrawal of subpoena.
Civil Procedure Oct. 28, 2014
Negro v. Superior Court (Navalimpianti USA Inc.)
Gmail account holder's consent to production of emails in accordance with Florida court order permits Google to disclose emails without violating Stored Communications Act.
Civil Procedure Oct. 21, 2014
Nixon Peabody LLP v. Superior Court (Cabot Golf CL-PP 1 LLC)
Client who authorized attorney to voluntarily dismiss action may not set aside dismissal as void, even when decision was based on erroneous legal advice.
Civil Procedure Oct. 19, 2014
Lightfoot v. Cendant Mortgage Corp.
Federal court may preside over homeowners’ claims against Fannie Mae according to federal charter, which specifically confers federal jurisdiction.
Civil Procedure Oct. 2, 2014
The Otay Ranch LP v. County of San Diego (Flat Rock Land Co. LLC)
Attorney and paralegal costs in preparing administrative record on behalf of county may be recovered as costs when reasonably and necessarily incurred.
Civil Procedure Sep. 29, 2014
C.S. v. W.O.
Trial court must waive court fees because applicant received public benefits, even if she paid $1,000 for expedited reporter's transcript with help from family and friends.
Civil Procedure Sep. 28, 2014
Cooper v. Lavely & Singer Professional Corp.
Arbitrator may not revise final arbitration award to include attorney fees after he already made substantive ruling in final award denying attorney fees.
Civil Procedure Sep. 28, 2014
Vasquez v. California School of Culinary Arts Inc. (Sallie Mae Inc.)
Former students are entitled to attorney fees incurred in opposing student loan servicer’s refusal to comply with subpoena that sought electronic loan documents.
Civil Procedure Sep. 28, 2014
Ducoing Management Inc. v. Superior Court (Winston & Associates Insurance Brokers Inc.)
Appellate court's reversal of judgment 'in all other respects' includes trial court's costs award, even if judgment of nonsuit as to other plaintiff was upheld.
Civil Procedure Sep. 21, 2014