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Bardasian v. Superior Court (Santa Clara Partner’s Mortgage Corp.)
Borrowers need not post undertaking where court's decision granting injunction was based on merits.
Civil Procedure Dec. 16, 2011
Sky Sports Inc. v. Superior Court (Hogan)
Right to move to compel arbitration is not waived where party was unable to file motion to compel arbitration prior to class certification.
Civil Procedure Dec. 16, 2011
Voit v. Superior Court (Montano)
Court clerk’s office violates petitioner’s right to access courts where refusing to file form that complies with court rules.
Civil Procedure Dec. 15, 2011
Provost v. Regents of the University of California
Attorney may be designated as party representative authorized to sign settlement stipulation on corporate party’s behalf.
Civil Procedure Dec. 15, 2011
Starpoint Properties LLC v. Namvar
Appeal filed after deadline is untimely and is not extended by motion to set aside judgment if motion itself was untimely filed.
Civil Procedure Dec. 14, 2011
Pirjada v. Superior Court (Pacific National Security Inc.)
Although potential class members’ contact information is generally discoverable, there is no right to precertification class discovery and court must weigh abuse potential.
Civil Procedure Dec. 13, 2011
In re Kinney
Attorney, who was declared vexatious litigant, may not use puppet plaintiff to pursue continued litigation.
Civil Procedure Dec. 12, 2011
Westamerica Bank v. City of Berkeley
Bank fails to state claim of interpleader where bank would not be subject to double claims if it complies with city's demand for distribution of retention funds.
Civil Procedure Dec. 7, 2011
Kaiser Foundation Hospitals v. Wilson
In deciding whether to issue restraining order to prevent workplace violence against employees, trial court must consider all relevant hearsay evidence.
Civil Procedure Dec. 6, 2011
Kim v. Westmoore Partners Inc.
Plaintiff's failure to set forth valid action in complaint and to offer significant evidence to support damage claims warrants reversal of default judgment.
Civil Procedure Nov. 30, 2011
Summerfield v. Randolph
Attorney’s affidavit, which was filed in foreign court to influence issues pending in California court, qualifies for anti-SLAPP protection.
Civil Procedure Nov. 29, 2011
Frisk v. Superior Court (Northwest Surgical Development Co. Inc.)
Court properly determines peremptory challenge is moot where party making challenge was dismissed from lawsuit before court accepted challenge.
Civil Procedure Nov. 28, 2011
Malek v. Koshak
Trial court violates due process by imposing restitution order without giving defendant notice and opportunity to be heard on issue.
Civil Procedure Nov. 25, 2011
Sacks v. Dietrich
Arbitral immunity bars claims against arbitrators, who disqualified party from representing client, where plaintiff’s claims arose out of decisional act.
Civil Procedure Nov. 25, 2011
Albano v. Shea Homes Limited Partnership
State Supreme Court's answers to certified questions definitively resolve litigation where rules within answers are not limited to prospective application.
Civil Procedure Nov. 22, 2011
Nachshin v. AOL LLC
Proposed cy pres distribution following class action settlement fails to meet proper standards where donations did not relate to objectives of underlying statutes.
Civil Procedure Nov. 22, 2011
Hopkins & Carley v. Gens
Motion to set aside judgment based on mistake is properly denied where defendant offered no coherent explanation for failure to raise alleged defense sooner.
Civil Procedure Nov. 22, 2011
Doe v. United States Swimming Inc.
Court does not abuse discretion in refusing to hold in camera document inspection prior to imposing sanctions for defendant’s discovery abuse.
Civil Procedure Nov. 22, 2011
Vargas v. City of Salinas
Award of attorney fees to prevailing government defendant under anti-SLAPP law does not unconstitutionally infringe right of petition.
Civil Procedure Nov. 21, 2011
Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC
Lenders’ withdrawal of portion of deposit in condemnation action constitutes as waiver only for withdrawing party, but not for nonwithdrawing property owner.
Civil Procedure Nov. 15, 2011
Peninsula Guardians Inc. v. Peninsula Health Care District
Government entities generally may not use public funds to pay for campaign activities, but may use such funds to make election-related informational materials.
Civil Procedure Nov. 15, 2011
Salehi v. Surfside III Condominium Owners’ Association
Defendant is entitled to attorney fees incurred in defending voluntarily dismissed claims where dismissal is fault of plaintiff’s poor reasoning.
Civil Procedure Nov. 15, 2011
Metis Development LLC v. Bohacek
Trial court is obligated to issue statement of decision following order denying petition to compel arbitration of claims.
Civil Procedure Nov. 9, 2011
Roberts v. El Cajon Motors Inc.
Court properly finds party waived right to arbitration following five-month delay in filing motion to compel and failure to inform opposing party of intent.
Civil Procedure Nov. 9, 2011
KPMG LLP v. Cocchi
Court must compel arbitration of claims subject to Federal Arbitration Act, even where complaint also includes nonarbitrable causes of action.
Civil Procedure Nov. 8, 2011
Father M v. Various Tort Claimants
Court may not disclose priest’s personnel files based on mere allegations of sexual abuse, which did not create public interest outweighing confidentiality interests.
Civil Procedure Nov. 8, 2011
Kairy v. SuperShuttle International
District court has subject matter jurisdiction to determine whether passenger stage corporation drivers are employees or independent contractors under California law.
Civil Procedure Nov. 4, 2011
Frisk v. Superior Court (Northwest Surgical Development Co. Inc.)
Court properly determines peremptory challenge is moot where party making challenge was dismissed from lawsuit before court accepted challenge.
Civil Procedure Nov. 1, 2011
Serrano v. Stefan Merli Plastering Co. Inc.
Attorney fee award may be imposed on litigant, which lost appeal establishing court authority to determine reasonableness of fees, because appeal involved important right affecting public interest.
Civil Procedure Nov. 1, 2011
Miller v. City of Los Angeles
Imposition of sanctions is improper although defense counsel conceded that he violated order precluding argument that plaintiff was armed when shot by police.
Civil Procedure Oct. 28, 2011