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Name Category Published
M.H. v. United States
Records sought through subpoena that fell within Required Records Doctrine do not implicate bank customer’s privilege against self-incrimination. 		Civil Procedure Aug. 22, 2011
Jones v. GN Netcom Inc.
Disproportionate attorney fee award in settlement of products liability class action is improper due to lack of clear explanation as to why fee was justified. 		Civil Procedure Aug. 22, 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 Aug. 22, 2011
Martin v. Inland Empire Utilities Agency
Order granting anti-SLAPP motion with leave to amend constitutes functional equivalent of order denying motion. 		Civil Procedure Aug. 19, 2011
Barrese v. Murray
60-day limit on court's power to rule on motion for new trial does not apply where appellate court remands case for further proceedings on motion. 		Civil Procedure Aug. 17, 2011
Kincaid v. Kincaid
Transcript of recorded conversation, during which defendant stated he could not remember whether he had abused his stepdaughter, is admissible as adoptive admission. 		Civil Procedure Aug. 12, 2011
Plancich v. United Parcel Service Inc.
In action for overtime compensation, Labor Code Section 1194 does not preclude prevailing employers from recovering costs. 		Civil Procedure Aug. 12, 2011
Foust v. San Jose Construction Co. Inc.
Court refuses to reconsider appeal where appellant fails to carry burden of providing record on appeal or any prejudicial error. 		Civil Procedure Aug. 11, 2011
Brandt v. American Bankers Insurance Co. of Florida
Finding of defendant’s culpability allows, but does not require, court to deny defendant’s motion to set aside default judgment. 		Civil Procedure Aug. 11, 2011
Boschma v. Home Loan Center Inc.
Borrowers adequately plead material facts for fraud where loan documents fail to clearly state that payments under schedule would definitely result in negative amortization. 		Civil Procedure Aug. 11, 2011
Pitts v. Terrible Herbst Inc.
Defendant’s unaccepted offer to satisfy individual claim made before plaintiff filed motion for class certification does not moot case, if plaintiff may still file timely motion. 		Civil Procedure Aug. 10, 2011
CollegeSource Inc. v. AcademyOne Inc.
Non-resident corporation, which maintained college course catalogs on websites, is subject to specific personal jurisdiction based on misappropriation of catalogs from competing website. 		Civil Procedure Aug. 9, 2011
Mavrix Photo Inc. v. Brand Technologies Inc.
Non-resident defendant is subject to specific personal jurisdiction where website’s intentional reposting of allegedly infringing photos was aimed at forum state. 		Civil Procedure Aug. 9, 2011
Powell v. County of Orange
Motion asking trial court to decide same matter previously ruled on constitutes motion for reconsideration, which is not appealable following order of denial. 		Civil Procedure Aug. 9, 2011
K2 America Corp. v. Roland Oil & Gas LLC
Federal jurisdiction does not exist over lawsuit alleging only state law claims, despite dispute involving lands held by government in trust for Indian allottees. 		Civil Procedure Aug. 8, 2011
Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public. 		Civil Procedure Aug. 5, 2011
Giorgianni v. Crowley
Under Mandatory Fee Arbitration Act, attorney properly rejects arbitration award by filing request in small claims court for unpaid fees. 		Civil Procedure Aug. 5, 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 Aug. 3, 2011
Dept. of Fish and Game v. Superior Court (Adams)
Trial court applies incorrect legal criteria and makes erroneous legal assumptions in determining whether common issues predominate for purposes of class certification. 		Civil Procedure Aug. 3, 2011
City of Woodlake v. Tulare County Grand Jury
Supporting affidavit of good cause is not required when grand jury seeks records of public agency to which it has been given express statutory access. 		Civil Procedure Aug. 2, 2011
Musaelian v. Adams
Under Code of Civil Procedure Section 128.7, attorney fees for costs in opposing motion for sanctions are not warranted where motion was unsuccessful, but not frivolous. 		Civil Procedure Aug. 1, 2011
Blumberg v. Superior Court (Los Angeles County Sheriff's Dept.)
Court may order discovery of peace officer records related to events that occurred after conviction where defendant obtained new trial via habeas relief. 		Civil Procedure Aug. 1, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989. 		Civil Procedure Jul. 29, 2011
Wallace v. McCubbin
Court errs in denying defendant’s anti-SLAPP motion to strike claim that was based on unlawful detainer action where acts were protected by statute. 		Civil Procedure Jul. 28, 2011
Ingram v. Oroudjian
In determining awards of attorney fees, judges may rely on their own knowledge of customary rates and experience concerning reasonable and proper fees. 		Civil Procedure Jul. 28, 2011
Van Dusen v. U.S. District Court (Swift Transportation Co. Inc.)
District court, as opposed to arbitrator, should resolve claim of exemption from arbitration under Section 1 of Federal Arbitration Act before compelling arbitration. 		Civil Procedure Jul. 28, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989. 		Civil Procedure Jul. 28, 2011
Cabrera v. Alam
Anti-SLAPP motion to strike defamation claim should be granted where statements regarding candidates at homeowners' association meeting were protected activity. 		Civil Procedure Jul. 28, 2011
Cape Flattery Limited v. Titan Maritime LLC
Parties may agree to apply non-federal arbitrability law only where clear and unmistakable evidence shows such intent. 		Civil Procedure Jul. 27, 2011
Citizens for Balanced Use v. Montana Wilderness Association
Conservation groups have right to intervene in action challenging agency’s interim order issued pursuant to prior litigation brought by groups. 		Civil Procedure Jul. 27, 2011
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