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People v. Borzakian
Police officer is not qualified to authenticate photographic evidence of traffic violation where private company was contracted to maintain and service automated system. 		Civil Procedure Feb. 15, 2012
People v. Borzakian
Police officer is not qualified to authenticate photographic evidence of traffic violation where private company was contracted to maintain and service automated system. 		Civil Procedure Feb. 13, 2012
Martinez v. Brownco Construction Co.
Under Code of Civil Procedure Section 998, when plaintiff makes two offers, which later expire, plaintiff may recover expert fees incurred after first offer. 		Civil Procedure Feb. 13, 2012
Skilstaf Inc. v. CVS Caremark Corp.
Class action suit is correctly dismissed because it is barred by 'any other person' release provision in settlement agreement of related case. 		Civil Procedure Feb. 10, 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 Feb. 10, 2012
Hecimovich v. Encinal School Parent Teacher Organization
Coach's defamation suit against parent teacher organization is subject to SLAPP motion because safety in youth sports is issue of public interest. 		Civil Procedure Feb. 10, 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 Feb. 8, 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. 8, 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 Feb. 7, 2012
Lewow v. Surfside III Condominium Owners' Assn. Inc.
Good cause allows motion for attorney fees despite failure to timely file based on extension of statutory period following dismissal of bankruptcy proceedings. 		Civil Procedure Feb. 6, 2012
Biller v. Toyota Motor Corp.
Arbitrator's final award is valid because arbitrator did not manifestly disregard law by implicitly addressing and denying defendant's affirmative defenses. 		Civil Procedure Feb. 6, 2012
Eiskamp v. Pajaro Valley Water Management Agency
Res judicata bars relitigation of issues involving validity of augmentation charges imposed under ordinance, which were resolved by prior stipulated agreement. 		Civil Procedure Feb. 3, 2012
Perry v. Brown
In Prop. 8 trial, court improperly orders unsealing of recording when trial judge assured that recording would not be publicly broadcast. 		Civil Procedure Feb. 3, 2012
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions. 		Civil Procedure Feb. 3, 2012
Chaaban v. Wet Seal Inc.
Under Code of Civil Procedure Section 998, defendant may recover amount paid by defendant to plaintiff's expert from non-settling plaintiff. 		Civil Procedure Feb. 1, 2012
Ghaffarpour v. Superior Court (Commerce Plaza Hotel)
Timeliness of plaintiffs' motion to disqualify judge depends on Code of Civil Procedure even when contradictory local rule is in place. 		Civil Procedure Jan. 30, 2012
Rossa v. D.L. Falk Construction Inc.
Defendant may not recover award of costs for interest expenses and fees incurred to borrow funds to secure appeal bond. 		Civil Procedure Jan. 24, 2012
Reyes v. Macy's Inc.
Defendant may not appeal order granting defendant's own motion to compel arbitration of plaintiff’s claims under Private Attorneys General Act of 2004. 		Civil Procedure Jan. 20, 2012
Bridgeford v. Pacific Health Corp.
Unnamed putative members of class that was never certified are not bound by collateral estoppel because interests of absent class members were not represented. 		Civil Procedure Jan. 19, 2012
White v. City of Pasadena
Police officer's federal discrimination and retaliatory termination claims are precluded by previous state rulings on same issues involved in prior termination. 		Civil Procedure Jan. 18, 2012
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions. 		Civil Procedure Jan. 16, 2012
Mazza v. American Honda Motor Co. Inc.
Class certification order is improper where class members purchased vehicles in different states with different consumer protection laws. 		Civil Procedure Jan. 13, 2012
Vegas Diamond Properties LLC v. Federal Deposit Insurance Corp. as Receiver for La Jolla Bank FSB
Sale of properties renders appeal moot where plaintiffs sought to reinstate order prohibiting trustee’s sale, but had not obtained stay of order of dissolution. 		Civil Procedure Jan. 9, 2012
Orthopedic Systems Inc. v. Schlein
Court errs in excluding profits gained by company that misappropriated doctor’s name from jury’s special verdict award. 		Civil Procedure Jan. 3, 2012
Jewel v. National Security Agency
Plaintiff can establish standing to sue federal government for illegal telecommunications surveillance because claims were highly specific and alleged concrete harms. 		Civil Procedure Dec. 30, 2011
Service Employees International Union Local 1021 v. San Joaquin County
Former employee’s retirement during pendency of arbitration does not divest arbitrator of contractually granted power to arbitrate dispute pursuant to agreement. 		Civil Procedure Dec. 29, 2011
Dow Chemical Canada ULC v. Superior Court (Fandino)
Knowledge that foreign manufacturer’s end product may eventually be sold in forum state, without more, is insufficient to confer jurisdiction over manufacturer. 		Civil Procedure Dec. 22, 2011
R.D. v. P.M.
Sufficient evidence supports second restraining order following pattern of harassment resuming after first restraining order’s expiration. 		Civil Procedure Dec. 22, 2011
Tiffin Motorhomes Inc. v. Superior Court (Cummins Inc.)
Defendant-manufacturers being sued under separate warranties are not ‘co-obligators on single contract’ under Code of Civil Procedure Section 877.6. 		Civil Procedure Dec. 21, 2011
Crockett & Myers Ltd. v. Napier, Fitzgerald & Kirby LLP
Court commits plain error in concluding its original quantum meruit award included value of referral without considering custom of paying referral fee. 		Civil Procedure Dec. 19, 2011
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