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Thayer v. Kabateck Brown Kellner LLP
Anti-SLAPP motion is properly granted where claims against attorneys arose from protected activity undertaken on behalf of actual clients represented in related litigation.
Civil Procedure Jun. 25, 2012
Direct Shopping Network LLC v. James
Collateral estoppel bars plaintiff from relitigating anti-SLAPP motion where court found that first motion was unsupported and allowed new evidence on second.
Civil Procedure Jun. 21, 2012
Azure Limited v. I-Flow Corp.
Advancing state of law does not transform private dispute over substantial economic losses into case in which attorney fees may be awarded for serving public interest.
Civil Procedure Jun. 21, 2012
Samantha C. v. State Dept. of Developmental Services
Prevailing party is entitled to attorney fees where her action affects numerous other applicants seeking services for developmental disabilities.
Civil Procedure Jun. 21, 2012
Garamendi v. Henin
Modifications to judgments are proper under Federal Rule of Civil Procedure Rule 60(a) where substantive reasoning of original judgment was unaltered.
Civil Procedure Jun. 19, 2012
Metabolic Research Inc. v. Ferrell
Order denying motion to dismiss based on anti-SLAPP statute does not justify immediate appeal because it can be reviewed through normal appellate process.
Civil Procedure Jun. 18, 2012
Oliveira v. Kiesler
Plaintiff is not permitted to obtain double recovery by obtaining judgment against law firm where she entered into good faith settlement with tortfeasors liable for same tort.
Civil Procedure Jun. 17, 2012
Cinel v. Barna
Motion to compel arbitration is correctly denied where parties waived arbitration agreement by refusing to agree on how to pay arbitration fees.
Civil Procedure Jun. 17, 2012
Oak Springs Villas Homeowners Association v. Advanced Truss Systems Inc.
Good faith settlement order cannot be appealed by non-settling party on final judgment grounds where party failed to first file writ.
Civil Procedure Jun. 14, 2012
Harris v. Rand
U.S. Supreme Court decision in 'Hertz Corp. v. Friend' does not impose heightened requirement that complaint plead corporate party's ‘nerve center’ is in particular place.
Civil Procedure Jun. 13, 2012
Harris v. County of Orange
Lawsuit is not barred on grounds of claim preclusion where plaintiffs in second action sought remedy that was unavailable to party in prior case.
Civil Procedure Jun. 10, 2012
Sourcecorp Inc. v. Shill
Once debtor has had 30 days to pay for necessities out of exempt earnings, any remainder becomes available to satisfy outstanding obligation to judgment creditor.
Civil Procedure Jun. 6, 2012
Iskanian v. CLS Transportation Los Angeles LLC
In light of 'Concepcion,' arbitration agreement containing class action waiver is enforceable where arbitration agreement is found to be neither procedurally not substantively unconscionable.
Civil Procedure Jun. 4, 2012
Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg
Award of attorney fees to petitioner for her work in defending CEQA action is proper under private general doctrine within Code of Civil Procedure Section 1021.5.
Civil Procedure Jun. 4, 2012
Khazan v. Braynin
Interest on attorney fee award runs from date of award on remand where judgment was effectively reversed, rather than modified, and not date of original judgment.
Civil Procedure May 31, 2012
Bowers v. Raymond J. Lucia Companies Inc.
Binding mediation award is enforceable because parties mutually agreed to proceed to full-day mediation as part of settlement agreement.
Civil Procedure May 30, 2012
Wilhelm v. Rotman
Plaintiff's allegations against defendant prison physician are sufficient to proceed past screening stage where physician failed to request referral properly.
Civil Procedure May 28, 2012
Perez v. Torres
Defendant is not entitled to costs incurred after making offer under Code of Civil Procedure Section 998 because offer failed to include acceptance provision.
Civil Procedure May 24, 2012
Frog Creek Partners LLC v. Vance Brown Inc.
Defendant construction company cannot recover attorney fees where it was not prevailing party, even if it successfully defeated motion to compel arbitration on earlier appeal.
Civil Procedure May 24, 2012
Tarle v. Kaiser Foundation Health Plan Inc.
On appeal from summary judgment, party may not challenge rulings sustaining objections to her evidence, which she never submitted opposition to.
Civil Procedure May 23, 2012
Kerner v. Superior Court (Widom)
Finding of factual innocence cannot be collateral estoppel because such finding may not be considered as evidence in any action for any purpose.
Civil Procedure May 22, 2012
Jimenez v. Franklin
Defendants’ failure to challenge order holding defendants jointly and severally liable for fee award waives their ability to subsequently challenge that order.
Civil Procedure May 22, 2012
Taniguchi v. Kan Pacific Saipan Ltd.
Prevailing party in personal injury case is not entitled to recover costs for document translation because those who translate writings are not 'interpreters.'
Civil Procedure May 21, 2012
Chao Fu Inc. v. Chen
Compulsory cross-complaint does not apply to plaintiff where defendant failed to establish that prior assignment of claim constituted transfer of interest in subject property.
Civil Procedure May 21, 2012
Fleur Du Lac Estates Association v. Mansouri
Party may not appeal orders that followed court’s denial of opposing party’s first petition to compel arbitration because prior denial did not constitute final judgment.
Civil Procedure May 16, 2012
Pacific Pictures Corp. v. U.S. District Court (D.C. Comics)
Petitioner may not selectively waive attorney-client privilege where petitioner disclosed documents to government in response to subpoena.
Civil Procedure May 10, 2012
Bush v. Horizon West
Denial of motion to compel arbitration is proper due to possibility of conflicting rulings between claims filed on behalf of mother and daughter’s emotional distress claim.
Civil Procedure Apr. 30, 2012
Lewis v. Fletcher Jones Motor Cars Inc.
Defendant waives right to compel arbitration by waiting five months before demanding arbitration and litigating merits of plaintiff's claims through demurrers and motions to strike.
Civil Procedure Apr. 26, 2012
Jamulians Against the Casino v. Iwasaki (Jamul Indian Tribe)
Trial court exceeds scope of judicial notice in taking provisions of agreement into account that were not within allegations of petition.
Civil Procedure Apr. 26, 2012
Bankhead v. ArvinMeritor Inc.
$4.5 million punitive damages award is not excessive despite defendant's negative net worth because net worth is not only measure of defendant's wealth.
Civil Procedure Apr. 25, 2012