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Name Category Published
Americold Realty Trust v. ConAgra Foods Inc.
For purposes of diversity of citizenship jurisdiction, a 'real estate investment trust' takes the citizenship of each of its members. 		Civil Procedure Mar. 8, 2016
Mooney v. Superior Court (Mooney)
Trial court's failure to rule on petitioner's motion for settled statement under Rule 8.137 of the California Rules of Court constitutes an abuse of discretion. 		Civil Procedure Mar. 7, 2016
Toste v. CalPortland Construction
Defense judgment affirmed except as to award of expert witness fees under Code of Civil Procedure Section 998 for fees incurred before offer to compromise. 		Civil Procedure Mar. 3, 2016
Bae v. T.D. Service Co.
Court correctly sets aside default and default judgment against trustee in action relating to nonjudicial foreclosure sale based on equitable doctrine of extrinsic mistake. 		Civil Procedure Feb. 29, 2016
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation. 		Civil Procedure Feb. 29, 2016
Gaines v. Fidelity National Title Insurance Co.
Dismissal upheld; period during which action is stayed for mediation does not toll five-year period within which to bring action to trial. 		Civil Procedure Feb. 26, 2016
Sarver v. Chartier
Army Sergeant's 'right of publicity' claim relating to Oscar-winning film 'The Hurt Locker' properly dismissed pursuant to California's anti-SLAPP statute. 		Civil Procedure Feb. 18, 2016
Gastelum v. Remax International Inc.
Defendants' appeal of order lifting litigation stay is nonappealable order that must be dismissed. 		Civil Procedure Feb. 16, 2016
Austin v. Los Angeles Unified School District
Motion for post-judgment relief under Code of Civil Procedure Section 473(b) does not require movant to file motion under penalty of perjury. 		Civil Procedure Feb. 11, 2016
San Diego Municipal Employees Association v. City of San Diego
Labor unions unsuccessful in challenging denial of attorney fees under private attorney general act where they fail to demonstrate their involvement was necessary. 		Civil Procedure Feb. 10, 2016
Perry v. Bakewell Hawthorne LLC
Plaintiff's expert declarations properly excluded where plaintiff unreasonably failed to disclose expert witness information with defendants. 		Civil Procedure Feb. 4, 2016
Martin Potts and Associates Inc. v. Corsair LLC
Attorney's affidavit attesting default and default judgment was caused by him need not explain reasons for mistake, inadvertence, surprise, or neglect for court to grant relief. 		Civil Procedure Feb. 1, 2016
Epic Medical Management LLC v. Paquette
Judgment confirming arbitrator's award in favor of medical management company upheld where illegality of contract not reviewable, and even if it were, was not illegal. 		Civil Procedure Feb. 1, 2016
Co. of Santa Clara v. Escobar
Where county seeks statutorily-granted right of recovery against tortfeasor for care rendered to tort victim, county's right of action not barred when tort victim's suit fails to satisfy amount owed to county. 		Civil Procedure Feb. 1, 2016
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation. 		Civil Procedure Jan. 29, 2016
Rey Sanchez Investments v. Superior Court (PCH Enterprises Inc.)
Petitioner successfully vacates order denying motion to expunge writ of mandate where lis pendens was 'void and invalid' due to lack of proof of service. 		Civil Procedure Jan. 28, 2016
Bucur v. Ahmad
Grant of additional sanctions against plaintiffs and their trial counsel warranted based on frivolous appeal. 		Civil Procedure Jan. 27, 2016
James v. Boise
The Idaho Supreme Court is bound by the US Supreme Court's interpretation of a federal statute. 		Civil Procedure Jan. 25, 2016
Castillo v. DHL Express (USA) et al.
Five-year period to bring a case to trial is automatically tolled under California Code of Civil Procedure Section 1775.7(b) only if mediation is through court-annexed program. 		Civil Procedure Jan. 19, 2016
Kelly v. Orr
In legal malpractice suit involving trust, statute of limitations does not bar claim of successor trustee against prior's trustee's legal counsel, where successor trustee pled that prior trustee had been represented by defendants within one year of malpractice suit. 		Civil Procedure Jan. 13, 2016
Bravo v. City of Santa Maria
Cost awards in Section 1983 suits resemble attorneys' fee awards and, thus, should be offset by costs paid by settling co-defendant. 		Civil Procedure Jan. 13, 2016
The Center for Auto Safety v. Chrysler Group LLC
Public access to filed motions hinges on whether motion is more than tangentially related to merits of underlying case, and not on whether such motion was dispositive. 		Civil Procedure Jan. 12, 2016
SCC Acquisitions Inc. v. Superior Court (Western Albuquerque Land Holdings LLC)
Trial court may compel judgment creditor to produce documents in its possession that would aid in enforcing money judgment even if such documents concerned third parties. 		Civil Procedure Jan. 8, 2016
Cuprite Mine Partners LLC v. Anderson et al.
Summary judgment properly granted in favor of those wishing to end cotenancy in mining claims through partition by sale. 		Civil Procedure Jan. 4, 2016
Lanz v. Goldstone
Anti-SLAPP motion properly denied where attorney demonstrates probability of prevailing on malicious prosecution claim against former client's subsequent attorney. 		Civil Procedure Dec. 31, 2015
Garibotti v. Hinkle
Jurisdictional language limiting time frame within which trial court may grant motion for new judgment is mandatory; rulings after said time frame are void. 		Civil Procedure Dec. 31, 2015
Mitchell v. Superior Court (Johnson)
Absent willful omission or violation of a court order, trial court abuses its discretion in excluding party's witness where party failed to identify witness during discovery. 		Civil Procedure Dec. 24, 2015
Ziani Homeowners Association v. Brookfield Ziani LLC (Fadavi)
Timeliness of motion to intervene should be determined based on date movants knew or should have known their interests in litigation were not being adequately represented. 		Civil Procedure Dec. 24, 2015
Pacific Radiation Oncology LLC v. Queen’s Medical Center
Adopting Eighth Circuit rule, relationship must exist between injury claimed in motion for injunctive relief and conduct alleged in underlying complaint. 		Civil Procedure Dec. 23, 2015
Kerkeles v. City of San Jose
Where the difference between an attorney's request for fees, under 42 U.S.C. Section 1988, and the court's award is greater than 10 percent the court is expected to articulate its specific reasoning to allow for meaningful appellate review. 		Civil Procedure Dec. 21, 2015
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