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Name Category Published
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 Jan. 19, 2011
Conservatorship of McQueen
Under collateral source doctrine, Social Security Supplemental Income payments received by plaintiff are properly excluded in considering amount of damage award. 		Civil Procedure Jan. 18, 2011
Grewal v. Jammu
Abuse of anti-SLAPP procedure by losing defendant, which filed unmeritorious motions, results in delayed justice to plaintiff. 		Civil Procedure Jan. 13, 2011
Burton v. Cruise
Waiver of arbitration exists where party pursued litigation and failed to request arbitration until trial was set to begin. 		Civil Procedure Jan. 13, 2011
Las Vegas Sands LLC v. Nehme
Documents are improperly excluded for lack of authenticity based on personal knowledge where they can be authenticated by reviewing their contents. 		Civil Procedure Jan. 11, 2011
Flores v. Georgeson
Prefiling order does not require vexatious litigant who is represented by counsel to obtain permission to present litigation for filing. 		Civil Procedure Jan. 10, 2011
Najera v. Huerta
Costs are properly denied where settlement offer was made concurrently with complaint, and defendant had no opportunity to evaluate offer. 		Civil Procedure Jan. 10, 2011
Perry v. Schwarzenegger
Local municipality has no significant protectable interest to justify intervening in action related to state marriage laws. 		Civil Procedure Jan. 5, 2011
MKJA Inc. v. 123 Fit Franchising LLC
Court may not lift stay of action pursuant to order to compel arbitration based on party’s inability to afford cost of arbitration. 		Civil Procedure Jan. 4, 2011
Osseous Technologies of America Inc. v. DiscoveryOrtho Partners LLC
Court properly declines to grant declaratory relief where facts as pleaded amounted to breach of contract dispute looking to past conduct. 		Civil Procedure Dec. 28, 2010
Patton v. Target Corp.
State’s consent is not necessary for entry of judgment giving effect to settlement that would eliminate punitive damages that State is entitled to. 		Civil Procedure Dec. 27, 2010
Greensprings Baptist Christian Fellowship Trust v. Cilley
Court lacks jurisdiction under collateral order doctrine to entertain appeal from order granting anti-SLAPP motion with leave to amend complaint. 		Civil Procedure Dec. 27, 2010
Golin v. Allenby
Court abuses its discretion in concluding that vexatious litigants are unlikely to prevail on merits with no legal or evidentiary basis. 		Civil Procedure Dec. 26, 2010
Talley v. Valuation Counselors Group Inc.
State claim is not automatically preserved upon resolution of federal claim where plaintiff fails to pursue litigation in state court while appealing federal orders. 		Civil Procedure Dec. 22, 2010
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 Dec. 22, 2010
Blix Street Records Inc. v. Cassidy
Party is judicially estopped from denying contract’s enforceability where party previously asserted to court that agreement was enforceable, leading to trial dismissal. 		Civil Procedure Dec. 21, 2010
Norse v. City of Santa Cruz
Court must give party adequate notice and time to prepare for hearing before sua sponte summary judgment can be granted. 		Civil Procedure Dec. 15, 2010
Marriage of Mosley
Presumptive filing date for purposes of time limit for appeal is rebuttable with evidence that order was not accessible to public. 		Civil Procedure Dec. 13, 2010
Stasz v. Eisenberg
Plaintiff is not entitled to notice of finality of venue transfer order because she failed to challenge order by writ of mandate. 		Civil Procedure Dec. 12, 2010
Cohen v. City and County of San Francisco
Court has no jurisdiction over sanction order appeal filed more than 180 days from remand order, which is considered ‘final.’ 		Civil Procedure Dec. 12, 2010
Burton v. Cruise
Waiver of arbitration exists where party pursued litigation and failed to request arbitration until trial was set to begin. 		Civil Procedure Dec. 9, 2010
Dana Point Safe Harbor Collective v. Superior Court (City of Dana Point)
Court order compelling compliance with legislative subpoena is appealable because parties against whom judgment was rendered only needed to comply. 		Civil Procedure Dec. 9, 2010
Hoso Foods Inc. v. Columbus Club Inc.
Exclusion of essential party to arbitration proceeding is beyond arbitrator’s authority and interferes with party’s right to fair hearing. 		Civil Procedure Dec. 7, 2010
Carijano v. Occidental Petroleum Corp.
Grant of dismissal based on inconvenient forum is improper where action would be time-barred in alternative jurisdiction. 		Civil Procedure Dec. 6, 2010
Goldberg v. Pacific Indemnity Co.
Defendants are not entitled to expert witness fees and double costs under Arizona Rule of Civil Procedure 68 where state rule conflicts with federal rule. 		Civil Procedure Dec. 6, 2010
Grobeson v. City of Los Angeles
Juror’s statement that she had ‘made up her mind’ early in trial is statement of bias, justifying grant of new trial. 		Civil Procedure Dec. 2, 2010
Silver v. Pacific American Fish Co. Inc.
Court is deprived of jurisdiction over appeal of postjudgment attorney fees award when appellant filed notice of appeal before court issued its order. 		Civil Procedure Dec. 1, 2010
Ready Transportation Inc. v. AAR Manufacturing Inc.
District court has inherent power to strike improperly filed confidential settlement agreement from public docket. 		Civil Procedure Nov. 30, 2010
Coleman v. Estes Express Lines Inc.
Application for leave to appeal under Class Action Fairness Act of 2005 is granted where important unsettled question was present. 		Civil Procedure Nov. 30, 2010
Dang v. Smith
Summary judgment is properly granted where plaintiff fails to support complaint with evidence of defendant’s negligence. 		Civil Procedure Nov. 30, 2010
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