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Sese v. Wells Fargo Bank N.A.
Appeal over order denying interim attorney fees under California Homeowner Bill of Rights, Civil Code Section 2424.12, dismissed as nonappealable interlocutory order.
Civil Procedure Aug. 18, 2016
Pulte Homes Corp. v. Williams Mechanical Inc.
Trial court abuses discretion by ruling that defunct corporation entitled to set aside default, resulting in reinstatement of default and default judgment.
Civil Procedure Aug. 11, 2016
Borrayo v. Avery
Summary judgment in favor of doctor reversed where court abuses discretion in excluding declaration of plaintiff's expert witness because he did not practice medicine in United States.
Civil Procedure Aug. 11, 2016
Ignacio v. Caracciolo
Defendant may not recover costs under Code of Civil Procedure Section 998's cost-shifting provision because her pretrial Section 998 settlement offer was invalid.
Civil Procedure Aug. 4, 2016
No Toxic Air Inc. v. Lehigh Southwest Cement Co.
Attorney fees for preparation of administrative record recoupable under Code of Civil Procedure Section 1094.5(a) as they are reasonably incurred for production of the record.
Civil Procedure Aug. 1, 2016
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes.
Civil Procedure Jul. 28, 2016
JAMS Inc. v. Superior Court (Kinsella)
Commercial speech exemption applies to action and bars consideration of anti-SLAPP motion brought by provider of private alternative dispute resolution services.
Civil Procedure Jul. 28, 2016
Van Dusen v. Swift Transportation
Lack of final decision in district court proceedings prohibits Ninth Circuit appellate jurisdiction over motion to compel arbitration.
Civil Procedure Jul. 27, 2016
Manzari v. Associated Newspapers Ltd.
Famous adult entertainer may maintain action against tabloid for publishing picture and article conveying allegedly defamatory impression that she tested positive for HIV.
Civil Procedure Jul. 26, 2016
Santos v. Kisco Senior Living
Defendants found liable for harm caused to theft suspect should have been granted judgment notwithstanding the verdict as immunity clause protects mandated report of suspected theft to police.
Civil Procedure Jul. 25, 2016
Palm Springs Villas II Homeowners Association Inc. v. Parth
Lower court errs in granting summary judgment as issues of triable fact remain, determining appropriateness of business judgment rule protection.
Civil Procedure Jul. 18, 2016
Franceschi v. Franchise Tax Board et al
Second complaint filed in superior court for same cause of action previously filed in federal court appropriately barred by doctrine of res judicata.
Civil Procedure Jul. 12, 2016
City of Carlsbad v. Scholtz
Interlocutory appeal from administrative proceeding not suitable for appeal.
Civil Procedure Jul. 11, 2016
Via View Inc. v. Retzlaff
Denial of motion to quash erroneous because anti-SLAPP motion filed along with motion to quash did not constitute general appearance conferring jurisdiction over Texas resident.
Civil Procedure Jul. 8, 2016
Torjesen v. Mansdorf
Third party claimant's belated motion to vacate voidable order properly denied where order becomes final once time to appeal runs out.
Civil Procedure Jul. 6, 2016
Reed v. Gallagher
Candidate who lost election cannot maintain defamation action against rival who ran negative television ad characterizing him as an 'unscrupulous lawyer.'
Civil Procedure Jul. 1, 2016
Brodeur v. Atlas Entertainment Inc.
Anti-SLAPP motion in 'American Hustle' case prevails as popularity of microwaves during 1970s constitutes matter of 'public interest.'
Civil Procedure Jun. 28, 2016
Harris v. Stampolis
Restraining order properly issued against father for his aggressiveness toward middle school principal as witnessed by others and which caused her anxiety.
Civil Procedure Jun. 26, 2016
Ramos v. Brenntag Specialties Inc.
Trial court errs in sustaining demurrer based on 'Maxton v. Western States Metals' interpretation of the component parts doctrine.
Civil Procedure Jun. 23, 2016
Palm Springs Villas II Homeowners Association Inc. v. Parth
Lower court errs in granting summary judgment as issues of triable fact remain, determining appropriateness of business judgment rule protection.
Civil Procedure Jun. 22, 2016
RJR Nabisco Inc. v. European Community
RICO applies to some foreign racketeering activity provided that offenses alleged in particular case violate a predicate statue that is itself extraterritorial.
Civil Procedure Jun. 20, 2016
569 East County Boulevard LLC v. Backcountry Against the Dump Inc.
Sufficient evidence supported court's decision to reduce attorney fees award to prevailing party in anti-SLAPP motion.
Civil Procedure Jun. 19, 2016
Rouser v. White
Where district court does not consider purpose and entire record of compliance with consent decree, termination must be vacated.
Civil Procedure Jun. 19, 2016
Yolo County Dept. of Child Support Servs. v. Myers
Default affirmed despite claim that appellant never received notice of complaint due to residency confusion.
Civil Procedure Jun. 14, 2016
Hyan v. Hummer
Order granting motion to strike claims under California's anti-SLAPP statute does not constitute 'final decision' over which federal district court could exercise jurisdiction.
Civil Procedure Jun. 14, 2016
Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust
Federal law preempts Puerto Rico's own municipal bankruptcy scheme, the Puerto Rico Public Corporation Debt Enforcement and Recovery Act.
Civil Procedure Jun. 13, 2016
Dietz v. Bouldin
District court properly exercised its limited inherent power to rescind jury discharge order and recall jury in this run-of-the-mill civil case to correct easily identified and fixable mistake.
Civil Procedure Jun. 9, 2016
Lyons v. Michael & Assocs.
Under 'discovery rule,' statute of limitations does not begin to run until potential plaintiff knows or should know of action brought against her improperly.
Civil Procedure Jun. 8, 2016
Vaquero v. Ashley Furniture
Where complaint alleges company violated law in same way as to each member of a large class of employees, class certification is proper.
Civil Procedure Jun. 8, 2016
Hassell v. Bird
Yelp, a nonparty in defamation suit, must abide by injunction ordering removal of defamatory reviews penned by aggrieved client against former attorney.
Civil Procedure Jun. 7, 2016