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Ceja v. Rudolph & Sletten Inc.
Decedent’s survivor may file wrongful death action as putative spouse where she held good faith belief in validity of marriage.
Civil Procedure Jun. 20, 2013
Burrill v. Nair
Defendant’s statements accusing doctor of dishonest and questionable professional conduct are per se defamatory and not subject to anti-SLAPP motion to strike.
Civil Procedure Jun. 20, 2013
Oxford Health Plans LLC v. Sutter
Physicians under fee-for-services contract with Oxford Health Plans may proceed with class arbitration of pay disputes with insurance company.
Civil Procedure Jun. 10, 2013
Martinez v. Brownco Construction Co. Inc.
Plaintiff may recover expert fees incurred from date of first statutory offer to compromise where defendant fails to obtain more favorable judgment.
Civil Procedure Jun. 10, 2013
Stoltenberg v. Ampton Investments Inc.
California appeal is inappropriate because defendants refused to comply with New York trial court's order to turn over their financial information.
Civil Procedure Jun. 6, 2013
Classic Concepts Inc v. Linen Source Inc.
Court refuses to decide whether district court’s silent denial of permanent injunction was correct because appeal was too late.
Civil Procedure May 31, 2013
Adir International LLC v. Superior Court (Fusion Industries)
Company that lost lawsuit and was ordered to pay $90,000 judgment may not have disbursed funds returned, even if disbursed erroneously.
Civil Procedure May 30, 2013
Bombardier Recreational Products Inc. v. Dow Chemical Canada ULC
California court may not decide cross-complaint against Canadian corporation that took over manufacturer of allegedly defective fuel tanks.
Civil Procedure May 22, 2013
Landstar Global Logistics Inc. v. Robinson & Robinson Inc.
Plaintiff may not obtain letter requesting foreign court's assistance in registering judgment liens because such letters may not be used to enforce judgments.
Civil Procedure May 17, 2013
Ciolino v. Hewlett-Packard Co.
Court must calculate redemption value of coupon reward before determining appropriate attorney fees in class action settlement.
Civil Procedure May 16, 2013
Nevis Homes LLC v. CW Roofing Inc.
Company files timely motion to tax costs because of five-day extension in cases where service of notice is provided by mail.
Civil Procedure May 16, 2013
Khavarian Enterprises Inc. v. Commline Inc.
Company that entered settlement agreement may seek attorney fees where agreement stated that company was prevailing party and could later move for fees.
Civil Procedure May 15, 2013
Kurtin v. Elieff,
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure May 10, 2013
Stoltenberg v. Ampton Investments Inc.
California appeal is inappropriate because defendants refused to comply with New York trial court's order to turn over their financial information.
Civil Procedure May 8, 2013
Las Canoas Co. Inc. v. Kramer
Non-noticing party must challenge court reporter’s rate for copies of deposition transcripts in pending case, not later in separate action.
Civil Procedure May 8, 2013
Radcliffe v. Experian Information Solutions Inc.
Incentive awards given to class representatives in class action settlement, which were conditioned on support of settlement, improperly undermine fairness of settlement.
Civil Procedure May 3, 2013
Melendrez v. Superior Court (Special Electric Co. Inc.)
Bankrupt corporation's attorney-client privilege passes to insurers assigned to defend against claims where no director could be elected to waive privilege.
Civil Procedure May 1, 2013
Battaglia Enterprises Inc. v. Superior Court (Yard House USA Inc.)
San Diego food supplier’s breach of contract lawsuit against restaurant is transferred to Orange County based on venue selection clause in contract giving rise to suit.
Civil Procedure Apr. 30, 2013
Radcliffe v. Experian Information Solutions Inc.
Incentive awards given to class representatives in class action settlement, which were conditioned on support of settlement, improperly undermine fairness of settlement.
Civil Procedure Apr. 23, 2013
Chanda v. Federal Home Loans Corp.
Mortgage broker gets new trial after losing in lenders' lawsuit because trial court improperly excluded title insurance policy procured as part of lending transaction.
Civil Procedure Apr. 22, 2013
Kleveland v. Siegel & Wolensky LLP
Attorneys are sanctioned for filing frivolous appeal where plaintiff demonstrated that attorneys filed meritless petition for sole purpose of forcing settlement.
Civil Procedure Apr. 18, 2013
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure Apr. 17, 2013
Sams v. Yahoo! Inc.
Yahoo may not be sued for disclosing information to District Attorney after receiving grand jury subpoenas that Yahoo believed to be valid.
Civil Procedure Apr. 16, 2013
Blum v. Merrill Lynch Pierce Fenner & Smith Inc.
Federal court correctly allows party to intervene in settled lawsuit in order to modify protective order to prevent destruction of deposition transcript.
Civil Procedure Apr. 12, 2013
Battaglia Enterprises Inc. v. Superior Court (Yard House USA Inc.)
San Diego food supplier’s breach of contract lawsuit against restaurant is transferred to Orange County based on venue selection clause in contract giving rise to suit.
Civil Procedure Apr. 12, 2013
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
In renewed motion for relief from default judgment, defendants must satisfactorily explain failure to previously clarify reasons for attorney's neglect.
Civil Procedure Apr. 11, 2013
Good v. Miller
Trial court correctly declines to salvage plaintiff's defective appeal from order, which granted terminating sanctions against plaintiff.
Civil Procedure Apr. 11, 2013
Stoltenberg v. Ampton Investments Inc.
California appeal is inappropriate because defendants refused to comply with New York trial court's order to turn over their financial information.
Civil Procedure Apr. 5, 2013
Atlantic Marine Construction Co. v. USDC WD TX, et al.
Order
Civil Procedure Apr. 2, 2013
McDaniel v. Asuncion
Joint offer to settle wrongful death claim is valid, even if offered to multiple plaintiffs, because nature of claim involved single, indivisible injury.
Civil Procedure Mar. 27, 2013