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Butler v. National Community Renaissance of California
Amended complaint adding new defendants is properly dismissed where original complaint fails to show defendants should have known they would be named, but for error.
Civil Procedure Sep. 14, 2014
Connerly v. State of California
Litigant may add equal protection claim to complaint against California in challenge to method of selecting members for California Citizens Redistricting Commission.
Civil Procedure Sep. 3, 2014
Suarez v. City of Corona
City may not recover defense costs against plaintiff’s attorneys for maintaining lawsuit against city, which trial court ultimately determined was frivolous.
Civil Procedure Sep. 1, 2014
United Health Centers of the San Joaquin Valley Inc. v. Superior Court (Vradenburg-Haworth)
Arbitration award is improperly vacated based on arbitrator’s failure to disclose, where trial court could have found counsel forfeited right to vacate on that basis.
Civil Procedure Aug. 25, 2014
Doyle v. OneWest Bank FSB
District court must determine citizenship of proposed plaintiff class based on complaint on date case became removable for purposes of Class Action Fairness Act exceptions.
Civil Procedure Aug. 24, 2014
Martinez v. Aero Caribbean
California may not decide action because service of process on foreign corporation’s officer in state did not authorize personal jurisdiction over corporation.
Civil Procedure Aug. 21, 2014
Kaufman v. Diskeeper Corp.
While seeking contract-based attorney fees, prevailing defendant is not required to file memorandum of costs in addition to its attorney fees motion.
Civil Procedure Aug. 21, 2014
People v. McGraw-Hill Companies Inc.
Order denying anti-SLAPP special motion to strike is not appealable when public prosecutor brought underlying action to enforce consumer protection laws.
Civil Procedure Aug. 18, 2014
Carlton v. Dr. Pepper Snapple Group Inc.
Demurrer may be filed 30 days after amended complaint is filed, since rule providing 10-day filing period only applies when no amended complaint is filed.
Civil Procedure Aug. 14, 2014
Hendershot v. Ready To Roll Transportation Inc.
In denying class certification, trial court improperly considers merits of defenses based on agreements with putative class members, which defendant withheld from plaintiffs.
Civil Procedure Aug. 14, 2014
K.C. v. Torlakson
District court has ancillary jurisdiction over post-judgment attorney fees motion, which was independent of its jurisdiction to enforce settlement agreement.
Civil Procedure Aug. 11, 2014
Young v. Daimler AG
California plaintiff may not sue German car manufacturer in California based on its alleged connection with another company that did business in California.
Civil Procedure Aug. 5, 2014
Ringgold-Lockhart v. County of Los Angeles
Federal court may not impose pre-filing order against allegedly vexatious litigants based largely on their motions practice without considering less restrictive sanctions.
Civil Procedure Aug. 4, 2014
Smith v. Mylan Inc.
District court may not, on its own motion, remand wrongful death claim to state court although claim was removed beyond one-year removal period.
Civil Procedure Aug. 4, 2014
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
New York drug maker Bristol-Myers Squibb must face claims filed in California by non-California residents regarding its allegedly defective drug, Plavix.
Civil Procedure Jul. 31, 2014
Dept. of Fair Employment & Housing v. Ottovich
Trial court does not need to reinstate defendant’s previously stricken answer where it vacated default judgment before granting judgment to plaintiff on liability.
Civil Procedure Jul. 22, 2014
Luckey v. Superior Court (Cotton On USA Inc.)
Putative class representative may not consent to temporary judge on behalf of absent members for purpose of settlement approval, when class had not yet been certified.
Civil Procedure Jul. 22, 2014
Ochoa v. Dorado
Driver’s motions for new trial and judgment notwithstanding verdict are premature and have no effect, when they were filed before case was fully decided.
Civil Procedure Jul. 22, 2014
Singh v. Lipworth
Defendant obtains sanctions against plaintiff, who filed frivolous appeal, which sought to relitigate previously decided issues, including use of alias in property transfer.
Civil Procedure Jul. 6, 2014
Dept. of Fair Employment & Housing v. Ottovich
Trial court does not need to reinstate defendant’s previously stricken answer where it vacated default judgment before granting judgment to plaintiff on liability.
Civil Procedure Jun. 30, 2014
Naser v. Lakeridge Athletic Club
Personal injury plaintiff may not tax defendant's costs incurred in deposing custodian of records for each of plaintiff's health care providers, including photocopying.
Civil Procedure Jun. 29, 2014
Staub v. Kiley
Doctor may not preclude patient’s expert testimony because he failed to include mandatory five-day extension in setting date for expert witness exchange disclosures.
Civil Procedure Jun. 17, 2014
Hill v. Degery
Trial court does not need to apportion fees between two defendants when calculating attorney fees, because same defenses applied to both of them.
Civil Procedure Jun. 10, 2014
Laguna v. Coverall North America Inc.
District court correctly approves settlement agreement, where proceeding with class action would have posed significant risks to the plaintiff class.
Civil Procedure Jun. 4, 2014
Wilcox v. Arpaio
Federal privilege law governs admissibility of documents and testimony regarding enforceability of alleged settlement, where both federal and state law claims are involved.
Civil Procedure Jun. 3, 2014
Litwin v. iRenew Bio Energy Solutions LLC
Notice of settlement to class members violates due process by requiring objectors to come to final approval hearing to have their objections heard.
Civil Procedure May 30, 2014
Litwin v. iRenew Bio Energy Solutions LLC
Notice of settlement to class members violates due process by requiring objectors to come to final approval hearing to have their objections heard.
Civil Procedure May 29, 2014
Bisno v. Kahn
Forbearance agreement to delay collection of judgment in exchange for remuneration beyond normal interest rate does not violate California’s usury law.
Civil Procedure May 28, 2014
Mega RV Corp. HWH Corp.
Hydraulics manufacturer may not recover attorney fees from motor home retailer under ‘tort of another’ doctrine, because underlying case did not involve any torts.
Civil Procedure May 22, 2014
Cottini v. Enloe Medical Center
Wheelchair athlete, who sued hospital for its employees’ negligence, may not offer expert witness testimony after failing to disclose witnesses by discovery cutoff date.
Civil Procedure May 22, 2014