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Jewel v. National Security Agency
District court erroneously certifies claim under FRCP 54(b) involving challenge to government surveillance program where single claim was intrinsically intertwined with several remaining pending issues.
Civil Procedure Dec. 21, 2015
Mohammad Talaie v. Wells Fargo Bank
2009 Amendment to Truth in Lending Act does not apply retroactively to conduct from 2006.
Civil Procedure Dec. 15, 2015
Holloway v. Quetel
Where plaintiff fails to submit appropriate supporting documentation, trial court does not err in refusing to enter default judgment for plaintiff and deciding matter in favor of defendants.
Civil Procedure Dec. 15, 2015
Catalina Island Yacht Club v. Superior Court (Beatty)
Trial court erroneously finds attorney-client privilege waiver based on deficiencies in responding party's privilege log.
Civil Procedure Dec. 8, 2015
Guess v. Benhardson
Woman cannot claim marital judgment lien over property now owned by couple because ex-spouse owed her zero in support payments at time he encumbered subject property.
Civil Procedure Dec. 2, 2015
OBB Personenverkehr AG v. Sachs
Mere fact of Eurail pass sale in U.S. does not abrogate sovereign immunity of Austrian railway in U.S. suit brought by Californian for injuries suffered in Austria.
Civil Procedure Dec. 2, 2015
Sabato v. Brooks
Restraining order properly issued against ex-husband whose faxed opposition papers was, not only against local court rules, but constituted waiver of issue of court's jurisdiction.
Civil Procedure Nov. 27, 2015
Richtek USA Inc. v. uPI Semiconductor Corp.
Trial court may not utilize judicially-noticed documents in ruling on disputed factual issue concerning statute of limitations.
Civil Procedure Nov. 26, 2015
Borsuk v. Appellate Division (LA Hillcreste Apartments LLC)
Motion to quash service of summons is not proper vehicle to challenge service of three-day notice in unlawful detainer action.
Civil Procedure Nov. 25, 2015
Marlton Recovery Partners, LLC v. County of L.A.
Where no triable factual ground exists for opponent of summary judgment, court does not err when ruling for summary judgment upon ground not raised by movant without allowing opponent to respond.
Civil Procedure Nov. 24, 2015
Ramirez v. County of San Bernardino
Plaintiff should have been allowed to file second amended complaint as matter of course where first amended complaint counted as 'other amendment.'
Civil Procedure Nov. 24, 2015
FirstMerit Bank v. Reese
Denial of bank's motion requesting assignment in debtor's trust interest is correct where court lacks authority to enter such order.
Civil Procedure Nov. 23, 2015
Cooper v. Bettinger
Renewal of Cal. Code Civil Procedure Section 527.6(j)(1) civil harassment restraining order is not automatic; court has discretion over whether to renew and duration.
Civil Procedure Nov. 16, 2015
Buchanan v. Soto
California court may assert personal jurisdiction over deportee concerning allegedly fraudulent transfer of property located near in Southern California.
Civil Procedure Nov. 9, 2015
Bocanegra v. Jakubowski
Common law prosecutorial immunity extends to claims based on suppression of exculpatory evidence.
Civil Procedure Oct. 29, 2015
Dhawan v. Biring
Where Section 425.11 statement of damages exceeds those set out in complaint, in context of case not involving personal injury or wrongful death, trial court exceeds jurisdiction to grant default judgment.
Civil Procedure Oct. 29, 2015
Nunez v. Pennisi
Commercial fisherman's son successfully defeats malicious prosecution claim filed by boat repairman in anti-SLAPP motion.
Civil Procedure Oct. 28, 2015
Jameson v. Desta
Nonsuit in prison doctor's favor and denial of former prisoner's summary judgment motion is affirmed where prisoner fails to provide reporter's transcript or establish damages.
Civil Procedure Oct. 21, 2015
Behm v. Clear View Technologies
Plaintiff's failure to provide notice a reasonable time before obtaining punitive damages results in vacated default judgment, although defendant not relieved from underlying default.
Civil Procedure Oct. 19, 2015
Sharif v. Mehusa
Both sides entitled to attorney fees where plaintiff is prevailing party for one cause of action and defendant is prevailing party for other cause of action.
Civil Procedure Oct. 16, 2015
Mobile Medical Services etc. v. Rajaram
Anti-SLAPP motion should have been granted; court errs in granting leave to amend where there is no probability plaintiffs will prevail.
Civil Procedure Oct. 15, 2015
Behm v. Clear View Technologies
Plaintiff's failure to provide notice a reasonable time before obtaining punitive damages results in vacated default judgment, although defendant not relieved from underlying default.
Civil Procedure Oct. 9, 2015
Inland Oversight Com. v. City of Ontario
Nonprofit organization's untimely filed appeal under Section 36633 of the Streets and Highways Code requires dismissal for lack of jurisdiction.
Civil Procedure Oct. 2, 2015
Tellez v. Rich Voss Trucking Inc.
Denial of class certification overturned where court did not offer explanation and record did not indicate court's thinking.
Civil Procedure Oct. 2, 2015
Simonelli v. City of Carmel-By-The-Sea
Property owner may proceed with lawsuit against City where trial court erroneously denied her leave to amend based on improper application of limitations period.
Civil Procedure Sep. 29, 2015
Jeff Tracy, Inc. v. City of Pico Rivera
The validity of a contractor's license is a required element of a claim made by a contractor plaintiff, not a special defense.
Civil Procedure Sep. 17, 2015
Simonelli v. City of Carmel-By-The-Sea
Property owner may proceed with lawsuit against City where trial court erroneously denied her leave to amend based on improper application of limitations period.
Civil Procedure Sep. 16, 2015
AP-Colton LLC v. Ohaeri
Cross-complainants that caused 'limited' action to be reclassified without paying reclassification fee are estopped from denying case was 'unlimited' to escape $121,357 awarded against them.
Civil Procedure Sep. 16, 2015
Hi-Desert Medical Center v. Douglas
Res judicata bars hospitals' requests for financial reimbursement because hospitals could have requested monetary damages in original petition for writ of mandate.
Civil Procedure Sep. 16, 2015
Warren v. Warren
Where plaintiff has clear idea of amount of damages in action for accounting, said plaintiff should give notice of damage amount sought before default judgment may be entered.
Civil Procedure Sep. 14, 2015