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Los Defensores Inc. v. Gomez
Attorney advertising group prevails against pair who directed business away from group due to their repeated refusals to comply with discovery requests.
Civil Procedure Jan. 27, 2014
Ahn v. Kumho Tires U.S.A. Inc.
Trial court may not disregard company’s answers to questions during discovery simply because its prior, unclear answers were unresponsive.
Civil Procedure Jan. 23, 2014
Dattani v. Lee
Although plaintiff could file appeal losing claim and dismissing remaining causes of action, appeal may not proceed due to untimeliness.
Civil Procedure Jan. 15, 2014
National Financial Lending LLC v. Superior Court (Brewer Corp.)
Losing party may not remove judge from case while winner tried to collect $2.7 million judgment because it would complicate judgment collection.
Civil Procedure Jan. 9, 2014
Cardinale v. Miller
Woman who was scammed by loan scheme may recover attorney fees from third party, who helped loan scheme’s operator hide his assets.
Civil Procedure Jan. 9, 2014
Certainteed Corp. v. Superior Court (Hart)
Companies may be entitled to exceed 14-hour time limit on deposing plaintiff in asbestos exposure case due to his poor health and other circumstances.
Civil Procedure Jan. 9, 2014
Legal Voice v. Stormans Inc.
Women’s rights group recoups some of $20,000 spent on producing documents in lawsuit related to Washington’s new rules for pharmacies.
Civil Procedure Jan. 2, 2014
Wagner v. County of Maricopa
Deceased prisoner’s sister may offer statements to show her brother’s state of mind where she did not offer them to prove details of incident.
Civil Procedure Dec. 31, 2013
Ruiz v. California State Automobile Association Inter-Insurance Bureau
Consumer may appeal attorney fee award and incentive payments that were significantly less than requested where waiver of right to appeal was unclear.
Civil Procedure Dec. 23, 2013
Kalitta Air LLC v. Central Texas Airborne System Inc.
Company may not recover costs for fees paid by its out-of-state attorneys to be allowed to temporarily practice in Northern District of California.
Civil Procedure Dec. 20, 2013
Dattani v. Lee
Although plaintiff could file appeal losing claim and dismissing remaining causes of action, appeal may not proceed due to untimeliness.
Civil Procedure Dec. 20, 2013
Fry v. Superior Court
Attorney may not disqualify judge by fax filing affidavit to clerk's office without any directions as to whom challenge should be forwarded.
Civil Procedure Dec. 20, 2013
Hong v. CJ CGV America Holdings Inc.
Company gives up right to arbitrate shareholder dispute after actively engaging in litigation months before asking trial court to compel arbitration.
Civil Procedure Dec. 18, 2013
National Financial Lending LLC v. Superior Court (Brewer Corp.)
Losing party may not remove judge from case while winner tried to collect $2.7 million judgment because it would complicate judgment collection.
Civil Procedure Dec. 18, 2013
Burton v. Class Counsel and Party to Arbitration
Attorneys may not contractually agree to prohibit federal court from reviewing arbitration award, which allocated $28 million in attorney fees.
Civil Procedure Dec. 17, 2013
Gaines v. Fidelity National Title Insurance Co.
Homeowners miss five-year deadline to bring fraud case to trial even though they unsuccessfully tried to mediate for 120 days.
Civil Procedure Dec. 12, 2013
Edwards v. Broadwater Casitas Care Center
Losing plaintiff may appeal trial court's cost and fee awards despite bankruptcy court confirmation plan, which ordered her to pay part of awards.
Civil Procedure Dec. 5, 2013
Atlantic Marine Construction Co. Inc. v. U.S. District Court
District court should have transferred case between construction companies to Virginia because parties agreed to bring dispute in Virginia under forum-selection clause.
Civil Procedure Dec. 3, 2013
Mondragon v. Capital One Auto Finance
California state court may not take proposed class action from federal court without some evidence showing two-thirds of class members are California citizens.
Civil Procedure Nov. 28, 2013
Optimal Markets Inc. v. Salant
Attorneys do not have to pay sanctions in trial court for filing allegedly frivolous claim, which was decided entirely by arbitrator.
Civil Procedure Nov. 26, 2013
Conseco Marketing LLC v. IFA and Insurance Services Inc.
LLC does not have to qualify to do business in California to enforce another state's judgment in California superior court.
Civil Procedure Nov. 24, 2013
Norberg v. California Coastal Commission
Owner of private oceanfront property cannot recover attorney fees by claiming he benefited public by invalidating permit conditions on his property.
Civil Procedure Nov. 17, 2013
JKC3H8 v. Colton
Although defendants could have initially dodged claims based on their free speech rights, plaintiff’s removal of those allegations renders their attempt moot.
Civil Procedure Nov. 14, 2013
Sweeting v. Murat
Attorney properly serves notice of motion and supporting documents to litigant's mailbox unit, which was neither his residence, nor his workplace.
Civil Procedure Nov. 14, 2013
Vesco v. Superior Court (Newcomb)
Homeowner may examine ex-girlfriend’s request under Americans with Disabilities Act to postpone trial involving home where she lived rent-free.
Civil Procedure Nov. 7, 2013
Montoya v. Barragan
New trial is needed in case of doctor, who possibly caused patient’s death by delaying treatment, because first trial had ‘irregularity in the proceedings.’
Civil Procedure Oct. 30, 2013
Medical Protective Co. v. Pang
Doctor may recover attorney fees following settlement of lawsuit by insurance company, which alleged he hid malpractice claim when he applied for extra coverage.
Civil Procedure Oct. 28, 2013
Mave Enterprises Inc. v. The Travelers Indemnity Co. of Connecticut
Superior court does not need to wait for federal court's decision before confirming arbitration award in case, which was initially filed in superior court.
Civil Procedure Oct. 24, 2013
Mt. Holyoke Homes L.P. v. Jeffer Mangels Butler & Mitchell LLP
Arbitrator’s award is thrown out due to failure to disclose his resume, which named partner of firm involved in legal malpractice matter.
Civil Procedure Oct. 22, 2013
Wallis v. PHL Associates Inc.
Trial court's failure to issue statement of its tentative decision warrants new trial because judge who heard case was no longer available.
Civil Procedure Oct. 18, 2013