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Name Category Published
Trident Labs Inc. v. Merrill Lynch Commercial Finance Corp.
Enforcement of forum selection clause is unreasonable where defendant, which held discretionary power, chose to extensively litigate its rights in original forum. 		Civil Procedure Oct. 27, 2011
Marler v. E.M. Johansing LLC
Court errs in denying class certification without leave to amend class definitions to allow plaintiffs to more concisely identify class. 		Civil Procedure Oct. 20, 2011
Dozier v. Shapiro
Court properly limits witness’s testimony to time of deposition where plaintiff repeatedly represented his role as treating physician, not expert witness. 		Civil Procedure Oct. 20, 2011
Adams v. Ford Motor Co.
Denial of motion to tax costs is proper where defendant's offer under California Code of Civil Procedure Section 998 was reasonable in light of plaintiffs' prior settlements. 		Civil Procedure Oct. 20, 2011
American Honda Motor Co. Inc. v. Superior Court (Lee)
Class certification is improper where trial court applies erroneous legal assumption and individual inquiries predominate over common issues. 		Civil Procedure Oct. 18, 2011
Washington State v. Chimei Innolux Corp.
'Parens patriae' suits filed by state Attorneys General on behalf of citizens are not class actions within meaning of Class Action Fairness Act of 2005. 		Civil Procedure Oct. 3, 2011
Suzlon Energy Ltd. v. Microsoft Corp.
Under Electronic Communications Privacy Act, electronic communication service may not divulge emails of foreign citizen stored on domestic server. 		Civil Procedure Oct. 3, 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 Sep. 29, 2011
United States v. Stonehill
Evidence of government’s participation in raid in foreign country, which was later found unconstitutional, does not demonstrate fraud on court. 		Civil Procedure Sep. 28, 2011
Chitsazzadeh v. Kramer & Kaslow
Finding that special motion to strike was not timely filed, standing alone, does not support finding that motion was frivolous for purposes of attorney fee award. 		Civil Procedure Sep. 27, 2011
Shugart v. The Regents of the University of California
Summary judgment is improper where declaration does not include documents relied on by expert, but is already before court and raises triable issues. 		Civil Procedure Sep. 25, 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 Sep. 21, 2011
American Express Centurion Bank v. Zara
Proof of service containing untruthful description of defendant does not comply with personal service statutes to make service valid. 		Civil Procedure Sep. 20, 2011
Tuszynska v. Cunningham
Anti-SLAPP statute applies to all claims based on protected petitioning activities, regardless of defendant’s alleged motive for such activities. 		Civil Procedure Sep. 19, 2011
Ellis v. Costco Wholesale Corp.
Court errs in granting class certification to employees alleging gender discrimination by relying only on admissibility of employees’ evidence to determine commonality. 		Civil Procedure Sep. 19, 2011
Potrero Hills Landfill Inc. v. County of Solano
Court may not abstain from its duty to adjudicate federal claim where private mandamus action did not interfere with basic state function. 		Civil Procedure Sep. 14, 2011
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings. 		Civil Procedure Sep. 14, 2011
Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state. 		Civil Procedure Sep. 13, 2011
Chevron U.S.A. Inc. v. M&M Petroleum Services Inc.
Franchisor may recover attorney fees against franchisee where franchisee brought frivolous counterclaim against franchisor under Petroleum Marketing Practices Act. 		Civil Procedure Sep. 13, 2011
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision. 		Civil Procedure Sep. 9, 2011
Cervantes v. Countrywide Home Loans Inc.
Dismissal of wrongful foreclosure claim without leave to amend is proper because Arizona state law does not recognize such cause of action. 		Civil Procedure Sep. 8, 2011
R.R. Street & Co. Inc. v. Transport Insurance Co.
Court may dismiss mirroring federal action where avoidance of piecemeal litigation and significant progress in state action weighed against exercising jurisdiction. 		Civil Procedure Sep. 6, 2011
Kayne v. The Grande Holdings Limited
Court properly issues sanctions for disorganized document production where defendant failed to present evidence that documents were found as such. 		Civil Procedure Sep. 6, 2011
PacifiCare of California v. Bright Medical Associates Inc.
Court has authority to determine whether settlement was made in good faith where plaintiff alleged that both entities were jointly responsible for damages. 		Civil Procedure Sep. 6, 2011
Edna Valley Watch v. County of San Luis Obispo
Prevailing party is entitled to fees incurred in administrative proceedings that were useful and necessary to public interest litigation. 		Civil Procedure Sep. 2, 2011
In re Forchion
Individual may not statutorily change his name to name of his Web site because confusion might result if use of site is lost. 		Civil Procedure Sep. 1, 2011
Fremont Reorganizing Corp. v. Faigin
Litigation privilege does not apply in action by former client against attorney for breach of professional duties. 		Civil Procedure Aug. 31, 2011
SEC v. Gewerter
Issuing court, rather than court where underlying action is pending, has authority to consider motions to quash subpoenas. 		Civil Procedure Aug. 29, 2011
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (Target Stores Inc.)
Dismissal of appeal is improper where appeal was rendered moot before judgment had been fully litigated. 		Civil Procedure Aug. 26, 2011
Hill v. San Jose Family Housing Partners LLC
City-issued compliance order regarding illegally constructed billboard subject to prior litigation is newly discovered evidence, justifying new trial on damages. 		Civil Procedure Aug. 24, 2011
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