Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D056262
|
Augusta v. Keehn & Associates
Plaintiff waives his right to arbitrate by unreasonably delaying in seeking arbitration after obtaining discovery from defendants through court processes. |
Civil Procedure |
|
Mar. 7, 2011 | |
D056064
|
Dan Clark Family LP v. Miramontes
State tolling provision runs afoul of Commerce Clause when it would subject nonresident defendant to potential liability indefinitely. |
Civil Procedure |
|
Mar. 4, 2011 | |
B217036
|
EHP Glendale v. County of Los Angeles
Trial court errs in granting summary judgment where moving party only provided selected portions of record that purported to favor its position. |
Civil Procedure |
|
Mar. 4, 2011 | |
09-1036
|
Henderson v. Shinseki
120-day deadline for filing notice of appeal with Court of Appeals for Veterans Claims does not carry 'jurisdictional' attributes. |
Civil Procedure |
|
Mar. 2, 2011 | |
B221057
|
Tamkin v. CBS Broadcasting Inc.
Use of plaintiffs’ names for characters during creation of television show episode is exercise of free speech entitled to anti-SLAPP protection. |
Civil Procedure |
|
Mar. 2, 2011 | |
S178320
|
In re Baycol Cases I and II
Order dismissing both individual and class claims is not appealable under ‘death knell’ doctrine because named plaintiff can still pursue his individual claims. |
Civil Procedure |
|
Mar. 1, 2011 | |
S172684
|
Bruns v. E-Commerce Exchange Inc.
Partial stay of proceedings does not constitute stay of prosecution of action and counts toward computing time in which action must be brought to trial. |
Civil Procedure |
|
Mar. 1, 2011 | |
C062380
|
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company has right to engage in discovery to investigate uninsured motorist claims, including inquiry into extraneous issues of treating chiropractors during deposition. |
Civil Procedure |
|
Mar. 1, 2011 | |
B224453
|
Garcia v. Politis
Plaintiff who prevailed by default judgment may not seek attorney fees postjudgment if request for those fees were not included in judgment request. |
Civil Procedure |
|
Feb. 28, 2011 | |
D055896
|
Safaie v. Jacuzzi Whirlpool Bath Inc.
Class certification motion cannot be renewed following final decertification order previously affirmed on appeal. |
Civil Procedure |
|
Feb. 23, 2011 | |
B214333
|
Tien v. Tenet Healthcare Corp.
Court’s reliance on published case, which is subsequently depublished pending review, is proper. |
Civil Procedure |
|
Feb. 17, 2011 | |
09-15937
|
Johnson v. Wells Fargo Home Mortgage Inc.
Appellate court does not have jurisdiction over appeal taken directly from private arbitrator. |
Civil Procedure |
|
Feb. 16, 2011 | |
B224269
|
Wilson v. San Luis Obispo County Democratic Central Committee
Political committee is entitled to attorney fees incurred in defending against claims concerning composition of committee's membership. |
Civil Procedure |
|
Feb. 15, 2011 | |
08-57010
|
Szajer v. City of Los Angeles
Court may dismiss civil claim challenging validity of warrant, which was same basis for defendants’ criminal conviction for illegal possession of firearms. |
Civil Procedure |
|
Feb. 14, 2011 | |
09-16292
|
Fabbrini v. City of Dunsmuir
Court may not award attorney fees to prevailing defendant on malicious prosecution claim unless claim was found to be frivolous. |
Civil Procedure |
|
Feb. 14, 2011 | |
S179378
|
Tarrant Bell Property LLC v. Superior Court (Abaya)
Court has discretion to deny motion to appoint referee despite parties’ pre-dispute agreement providing that referee may decide certain contested issues. |
Civil Procedure |
|
Feb. 11, 2011 | |
B218603
|
Hypertouch Inc. v. ValueClick Inc.
State claim for deceptive advertisement in electronic mail is not preemptively barred by Controlling Assault of Non-Solicited Pornography and Marketing Act of 2003. |
Civil Procedure |
|
Feb. 11, 2011 | |
B217302
|
City of Gardena v. Rikuo Corp.
Court lacks jurisdiction to hear appeal on consent judgment pursuant to parties’ stipulation to settle and not made appealable under statute. |
Civil Procedure |
|
Feb. 9, 2011 | |
09-16378
|
Infuturia Global Ltd. v. Sequus Pharmaceuticals Inc.
Removal jurisdiction is proper under Convention on Recognition and Enforcement of Foreign Arbitral Awards where defendant raises defense related to foreign arbitration award. |
Civil Procedure |
|
Feb. 8, 2011 | |
E047943
|
Dakota Payphone LLC v. Alcaraz
Although court lacks jurisdiction to rule on motion for new trial outside of statutory period, court retains jurisdiction to modify void judgment. |
Civil Procedure |
|
Feb. 4, 2011 | |
B222278
|
Freeman v. Sullivant
Court properly denies continuance after finding no good cause and giving appearance attorney short time to prepare. |
Civil Procedure |
|
Feb. 4, 2011 | |
B212933
|
Green v. Laibco LLC
Court lacks jurisdiction to rule on motion for new trial after 60-day limit expires from time moving party files notice of intention. |
Civil Procedure |
|
Feb. 2, 2011 | |
08-35988
|
King v. American Family Mutual Insurance Co.
Mere appointment of agent for service of process in state does not constitute generalized consent to be sued in that state. |
Civil Procedure |
|
Feb. 1, 2011 | |
09-55367
|
Alameda Books Inc. v. City of Los Angeles
Court improperly grants summary judgment where question exists on whether plaintiffs presented actual and convincing evidence casting doubt on rationale for ordinance. |
Civil Procedure |
|
Jan. 31, 2011 | |
10-56852
|
Coleman v. Estes Express Lines Inc.
Federal district court is limited to complaint in deciding whether criteria for local controversy exception to removal are satisfied. |
Civil Procedure |
|
Jan. 27, 2011 | |
09-35756
|
Alliance for the Wild Rockies v. Cottrell
Although plaintiffs must also satisfy other factors, 'serious questions' test for determining whether to issue preliminary injunctions remains viable. |
Civil Procedure |
|
Jan. 26, 2011 | |
09-737
|
Ortiz v Jordan
Party claiming qualified immunity may not appeal denial of summary judgment after district court conducted full trial on merits. |
Civil Procedure |
|
Jan. 25, 2011 | |
G041545
|
City of Arcadia v. State Water Resources Control Board
Court fails to give collateral estoppel effect to decisions involving issues concerning application of Water Code and trash total maximum daily load for drains. |
Civil Procedure |
|
Jan. 24, 2011 | |
09-16214
|
Destfino v. Reiswig
Each defendant has 30 days to file notice of removal and may cure defect by joining only those defendants who have been properly served. |
Civil Procedure |
|
Jan. 24, 2011 | |
09-17833
|
Mason and Dixon Intermodal Inc. v. Lapmaster International LLC
State settlement law is not preempted by federal law governing interstate carriers where state law does not limit carrier’s responsibilities. |
Civil Procedure |
|
Jan. 19, 2011 |