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Citizens for Open Government v. City of Lodi (Browman Development Inc.)
Trial court erroneously applies deliberative process privilege because city failed to meet burden of showing conditions for creation of privilege. 		Civil Procedure Apr. 24, 2012
Farag v. ArvinMeritor Inc.
Offer to compromise under Code of Civil Procedure Section 998 does not need to be made separately to each spouse to be valid. 		Civil Procedure Apr. 24, 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 Apr. 23, 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. 22, 2012
Collins v. City of Los Angeles
Trial court does not abuse its discretion by apportioning attorney fees where it concluded that litigant's reasonably expected financial benefits warranted placing part of burden on litigant. 		Civil Procedure Apr. 22, 2012
Personal Court Reporters Inc. v. Rand
Anti-SLAPP motion is propely denied where plaintiff’s complaint did not implicate protected activity because main thrust of claim was for collection of unpaid debt. 		Civil Procedure Apr. 22, 2012
Tenzera Inc. v. Osterman
Prevailing plaintiffs are entitled to prejudgment interest between time trial court vacated arbitration award in their favor and reinstatement of award following appeal. 		Civil Procedure Apr. 19, 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 Apr. 17, 2012
Bagdasarian Productions LLC v. Twentieth Century Fox Film Corp.
Order compelling enforcement of contractual agreement to submit dispute to referee and staying proceedings is not immediately appealable. 		Civil Procedure Mar. 26, 2012
Thomas v. Westlake
Nonsignatories to arbitration agreement may invoke arbitration provision where complaint alleged nonsignatories acted as agents of defendants who were parties to agreement. 		Civil Procedure Mar. 25, 2012
R&R Sails Inc. v. Insurance Co. of the State of Pennsylvania
District court must consider willfulness, fault, or bad faith when sanction under Federal Rule of Civil Procedure 37(c)(1) results in dismissal of cause of action. 		Civil Procedure Mar. 21, 2012
Lindemann v. Hume
Party’s contractual right to arbitration must yield if issue common to arbitration and pending action with third party would possibly result in conflicting rulings. 		Civil Procedure Mar. 20, 2012
Coneff v. AT&T Corp.
Federal Arbitration Act preempts Washington state law banning class action waivers in arbitration clauses as unconscionable. 		Civil Procedure Mar. 18, 2012
Colony Bancorp of Malibu Inc. v. Patel
Court may proceed with trial even in party’s absence where parties received adequate notice to return at particular time following lunch break. 		Civil Procedure Mar. 18, 2012
Otay Land Co. v. United Enterprises Ltd.
When suit is dismissed for lack of jurisdiction, district court's award of ‘just costs’ should be based on what is most fair and equitable under totality of circumstances. 		Civil Procedure Mar. 14, 2012
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings. 		Civil Procedure Mar. 12, 2012
Garcia v. ConMed Corp.
Misconduct does not result in prejudice because it was not reasonably probable that plaintiff would have obtained more favorable verdict in absence of misconduct. 		Civil Procedure Mar. 8, 2012
Steed v. Dept. of Consumer Affairs
Court properly declines to take judicial notice of minute order, which granted prior petition, and thus, plaintiff fails to carry burden under anti-SLAPP statute. 		Civil Procedure Mar. 8, 2012
Kilgore v. KeyBank National Association
Arbitration clause in lender's promissory note is enforceable because California's rule against arbitration of public injunctive relief claims is preempted by federal law. 		Civil Procedure Mar. 7, 2012
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief. 		Civil Procedure Mar. 7, 2012
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process. 		Civil Procedure Mar. 6, 2012
Maaso v. Signer
Arbitration award is properly vacated where one party arbitrator sends ex parte post-arbitration brief without allowing opponent opportunity to respond. 		Civil Procedure Mar. 1, 2012
Pickett v. Superior Court (99¢ Only Stores)
Plaintiff is entitled to peremptory challenge because her case was not merely continuation of another case against same defendant for same wrongful conduct. 		Civil Procedure Feb. 23, 2012
Marriage of Falcone and Fyke
Party to dissolution proceeding, who prosecuted groundless claims and appeals in propria persona, is vexatious litigant even if appeals are not yet final. 		Civil Procedure Feb. 23, 2012
Hotels Nevada v. L.A. Pacific Center Inc.
Court properly compels arbitration of dispute where party agreed to arbitrate dispute if it failed to prove its affirmative defense to arbitration. 		Civil Procedure Feb. 22, 2012
United States v. $133,420.00 in United States Currency
Plaintiff in civil forfeiture action lacks standing where he asserted ownership of seized money without explaining how he came to possess seized money. 		Civil Procedure Feb. 22, 2012
Duronslet v. Kamps
Woman's statement to nurse that she planned to kill her neighbor is not privileged because doctor-patient privilege does not apply to nurses. 		Civil Procedure Feb. 17, 2012
Cinel v. Christopher
Trial court is correct in denying motion to confirm arbitration award where arbitration was terminated due to nonpayment of fees. 		Civil Procedure Feb. 17, 2012
Greenberg Glusker Fields Claman & Machtinger LLP v. Rosenson
Law firm’s arbitration demand is effective to invoke arbitration clause in parties’ retainer agreement without filing petition in superior court to compel arbitration. 		Civil Procedure Feb. 16, 2012
SCI California Funeral Services Inc. v. Five Bridges Foundation
Prevailing plaintiff, which recovered in excess of offer, is entitled to post-offer attorney fees under Code of Civil Procedure Section 998(d) in addition to expert witness fees. 		Civil Procedure Feb. 15, 2012
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