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Aguilar v. Gostischef
Insurer must pay more than $1 million in costs to man, who lost his leg in car accident, after rejecting his pre-trial offer, which was above policy limits.
Civil Procedure Oct. 14, 2013
Diaz v. First American Home Buyers Protection Corp.
Warranty plan provider may not escape homeowner’s lawsuit based on her rejection of its offer to resolve her claims.
Civil Procedure Oct. 7, 2013
Kurwa v. Kislinger
Court of Appeal may not decide appeal in case where parties voluntarily dismissed their claims, intending to preserve claims for a later appeal.
Civil Procedure Oct. 4, 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 Sep. 27, 2013
Andreini & Co. v. MacCorkle Insurance Service Inc.
Insurance company prevails in appeal of trade secret lawsuit, but may not recover high amounts of interest because it borrowed large amount to pay judgment.
Civil Procedure Sep. 26, 2013
Romo v. Teva Pharmaceuticals USA Inc.
Class action involving Teva's pain medication is sent back to California's courts because plaintiffs could not try their claims together as a federal mass action.
Civil Procedure Sep. 25, 2013
Fox Johns Lazar Pekin & Wexler APC v. Superior Court (Brewer Corp.)
In trying to enforce win, lawsuit's winner may not ask for information from other party’s lawyers except regarding money winner is owed.
Civil Procedure Sep. 25, 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 Sep. 25, 2013
Las Vegas Land and Development Co. LLC v. Wilkie Way LLC
Trial court is not required to throw out its summary judgment decision in light of losing party's claim that it failed to oppose due to bad lawyering.
Civil Procedure Sep. 20, 2013
Macaluso v. Superior Court (Lennar Land Partners II LLC)
Attorney may appeal trial court's order requiring him to provide documents in response to subpoenas regarding collection of $50 million judgment.
Civil Procedure Sep. 19, 2013
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Sep. 11, 2013
Benitez v. Williams
State court may not dismiss plaintiff's case after he failed to litigate his lawsuit, including state law claims, in federal court.
Civil Procedure Sep. 3, 2013
Rodriguez v. AT&T Mobility Services LLC
Lead plaintiff may not send class action back to state court by asserting that class waived claims exceeding $5 million minimum for federal jurisdiction.
Civil Procedure Aug. 28, 2013
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Aug. 15, 2013
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Aug. 8, 2013
Lagstein v. Certain Underwriters at Lloyd's of London
Doctor who prevailed in arbitration dispute with insurers is entitled to post-award, pre-judgment interest because Nevada law allows such recovery.
Civil Procedure Aug. 6, 2013
Farmers Insurance Exchange v. Superior Court (Wilson)
Depublication of sole opinion relied on by trial court in granting class certification constitutes a change of law that warrants reconsideration of grant.
Civil Procedure Jul. 25, 2013
Mon Chong Loong Trading Corp. v. Superior Court (Cui)
Trial court may award expert witness fees under Code of Civil Procedure Section 998 after plaintiff declined offer and then voluntarily dismissed her action.
Civil Procedure Jul. 25, 2013
Logan v. U.S. Bank National Association
Protecting Tenants at Foreclosure Act does not provide private right of action to tenant of former owner of property foreclosed on by bank.
Civil Procedure Jul. 17, 2013
Malin v. Singer
Restaurant owner’s extortion claim based on demand letter accusing him of embezzling funds used for illicit relations is subject to dismissal under anti-SLAPP statute.
Civil Procedure Jul. 17, 2013
Mortensen v. Bresnan Communications LLC
Arbitration agreement between consumers and Internet service provider is enforceable because federal law preempts Montana state law regarding arbitration agreements.
Civil Procedure Jul. 16, 2013
Abers v. Rohrs
Homeowners may not seek to throw out arbitration award because they failed to properly serve notice on owners of condominium development.
Civil Procedure Jul. 16, 2013
Tritz v. United States Postal Service
District court may hear contract claims against United States Postal Service because federal claims court does not have exclusive jurisdiction over such claims.
Civil Procedure Jul. 10, 2013
Watkins v. Vital Pharmaceuticals Inc.
Under Class Action Fairness Act, federal court must hear case involving marketing of protein bars because sales of bars exceeded $5 million over last four years.
Civil Procedure Jul. 3, 2013
Roth v. CHA Hollywood Medical Center
Defendant may remove wage-and-hour class action to federal court after its own investigation revealed that one would-be class member supports diversity of citizenship.
Civil Procedure Jun. 28, 2013
Interstate Specialty Marketing Inc. v. ICRA Sapphire Inc.
Court may not award sanctions against plaintiff who mistakenly attached wrong document to complaint, when defendant could have easily informed plaintiff of mistake.
Civil Procedure Jun. 28, 2013
Thompson v. Automobile Club of Southern California
Class certification challenging automobile club’s policy is denied where proposed class is overly inclusive and claim is not amenable to class adjudication.
Civil Procedure Jun. 28, 2013
Ibarra v. Superior Court (Tillman)
Disclosure of guards’ official service photographs in connection with inmate abuse allegations is improper absent stricter limitations to ensure officers’ safety.
Civil Procedure Jun. 28, 2013
Wittenberg v. Beachwalk Homeowners Association
During elections, homeowners association must provide all members equal access to association media and common areas for reasons related to election.
Civil Procedure Jun. 27, 2013
Sanders County Republican Central Committee v. Fox
Lower court errs in prohibiting enforcement of entire statute where appellate court only found portions of statute to be unconstitutional.
Civil Procedure Jun. 23, 2013