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Orion Communications Inc. v. Superior Court (Sameis Holdings LLC)
Corporation may not exercise peremptory challenge to remove judge, because it failed to show it was opposed to another party who had previously used challenge.
Civil Procedure May 15, 2014
Digital Music News LLC v. Superior Court (Escape Media Group LLC)
Los Angeles Superior Court cannot force online news outlet to reveal identity of anonymous commenter, who contradicted defense in pending New York action.
Civil Procedure May 15, 2014
California Crane School Inc. v. National Commission For Certification of Crane Operators
Trial court may impose 10-day limit on trial involving dispute between crane operator training facility and certifying entity, because that time frame was reasonable.
Civil Procedure May 9, 2014
City of Pomona v. SQM North America Corp.
City of Pomona may present expert witness testimony of scientist who used ‘stable isotope analysis’ to determine cause of water system’s contamination.
Civil Procedure May 5, 2014
deSaulles v. Community Hospital of the Monterey Peninsula
Employee is entitled to mandatory costs in dispute with employer that ended in partial dismissal because she received 'net monetary recovery' via settlement payment.
Civil Procedure May 5, 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 1, 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 Apr. 28, 2014
Meritage Homes of Nevada Inc. v. Federal Deposit Insurance Corp.
FDIC may satisfy judgment with receiver’s certificate, rather than cash payment, because otherwise, creditors would ‘jump the line’ and recover unfairly.
Civil Procedure Apr. 16, 2014
Yokeno v. Sekiguchi
District Court of Guam lacks authority to decide business dispute between permanent resident of Guam and defendants who lived in Japan.
Civil Procedure Apr. 16, 2014
Horath v. Hess
Car accident victim is bound by stipulation to accept lesser of arbitrator’s award and $100,000 in full satisfaction of judgment, despite award over $300,000.
Civil Procedure Apr. 11, 2014
Rosen v. LegacyQuest
Creditor may obtain attorney fees against sureties, who she was forced to file suit against in order to enforce judgment in her favor.
Civil Procedure Apr. 10, 2014
Gray1 CPB LLC v. SCC Acquisitions Inc.
Judgment debtor cannot obtain additional post-judgment attorney fees, even if creditor delivered cashier’s check to fully satisfy judgment two years late.
Civil Procedure Apr. 10, 2014
Rouse v. Wachovia Mortgage FSB
Wells Fargo may remove California citizens’ lawsuit to federal court based on federal ‘diversity of citizenship’ where its main office was not in California.
Civil Procedure Mar. 28, 2014
Pielstick v. MidFirst Bank
Property owner is not entitled to voluntarily dismiss his complaint so he could refile because trial already started at demurrer hearing, making it untimely.
Civil Procedure Mar. 27, 2014
Tattersalls Ltd. v. DeHaven
District court may correct judgment to include award, where it always intended to award damages, but overlooked deadline for filing motion to amend.
Civil Procedure Mar. 24, 2014
Johnshon v. Consumerinfo.com Inc.
Ninth Circuit may not consider appeal of district court’s order to compel arbitration and stay class action proceedings, which did not end case.
Civil Procedure Mar. 21, 2014
Oliner v. Kontrabecki
District court properly refuses to seal public record of legal proceedings because avoiding embarrassment or annoyance are not sufficiently compelling reasons.
Civil Procedure Mar. 21, 2014
Noceti v. Whorton
Couple who wanted to enforce purchase agreement may not obtain mandatory relief from judgment, after they missed trial date due to attorney’s mistake.
Civil Procedure Mar. 19, 2014
Carter v. Caleb Brett LLC
District court must provide better explanation for significant reduction of plaintiff’s attorney fee award by $8,000.
Civil Procedure Mar. 11, 2014
Snibbe v. Superior Court (Gilbert)
In wrongful death case, physician must produce redacted versions of 160 postoperative orders, which will be limited to disclosure of pain management provisions.
Civil Procedure Feb. 28, 2014
Walden v. Fiore
Nevada may not exercise jurisdiction over DEA agent, who was sued for seizing $97,000 from Nevada residents in Georgia and submitting allegedly false affidavit.
Civil Procedure Feb. 26, 2014
Gilmore Bank v. AsiaTrust New Zealand Limited
Businessman who was tricked into purchasing failing company may pursue New Zealand company as part of effort to recover $3.3 million judgment in his favor.
Civil Procedure Feb. 24, 2014
Ramos v. Homeward Residential Inc.
Homeowner loses $254,155 default judgment against mortgage company because she did not follow rules for serving process on a corporation.
Civil Procedure Feb. 21, 2014
Concepcion v. Amscan Holdings Inc.
Following class action settlement, court's private review of billing records and time sheets hinders company’s ability to make its case on attorney fees.
Civil Procedure Feb. 19, 2014
Carolina Casualty Insurance Co. v. Team Equipment Inc.
Insurance company gets another chance to sue companies in various states, even though it did not yet know specific details of their states of citizenship.
Civil Procedure Feb. 5, 2014
Carter v. Caleb Brett LLC
District court must provide better explanation for significant reduction of plaintiff’s attorney fee award by $8,000.
Civil Procedure Feb. 4, 2014
Republic of Ecuador v. Mackay
Chevron may no longer withhold thousands of documents prepared by its expert witnesses in long-standing dispute over oil drilling in Ecuador.
Civil Procedure Feb. 3, 2014
Sharifpour v. Le
Defendants must pay undertaking along with their request to curb judgment’s enforcement, even if winning plaintiffs failed to file an opposition to request.
Civil Procedure Feb. 3, 2014
St. Mary v. Superior Court (Schellenberg)
Woman suing over investment fraud evades discovery penalties for missing filing deadline, which would have effectively defeated her case.
Civil Procedure Feb. 3, 2014
MediVas LLC v. Marubeni Corp.
Biomedical company may not appeal arbitration order related to contractual claims against Japanese lender because order was not final.
Civil Procedure Jan. 28, 2014