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Kahn v. The Dewey Group
Dismissed defendants' request for expert witness fees under California Code of Civil Procedure Section 998 is premature absent final judgments as to all defendants.
Civil Procedure Sep. 10, 2015
WA Southwest 2 v. First Amer. Title Ins. Co.
'Discovery rule' not available to defeat statute of limitations defense, where plaintiffs in suit over failed investment scheme had been warned, in writing, of investment's riskiness and cost.
Civil Procedure Sep. 9, 2015
Harkonen v. U.S. Dept. of Justice
Doctor may not sue Dept. of Justice under Information Quality Act for refusing to correct allegedly misleading information in press release.
Civil Procedure Sep. 9, 2015
Collier v. Harris
Trial court prematurely denied defendant's anti-SLAPP motion where defendant's conduct, although protected, may nevertheless be illegal.
Civil Procedure Sep. 3, 2015
Cox v. USDA
No evidence USDA waived sovereign immunity; state and district court lack jurisdiction and district court bound to dismiss for lack of jurisdiction rather than remand.
Civil Procedure Sep. 3, 2015
Hewlett-Packard Co. v. Oracle Corp.
Anti-SLAPP motion brought 558 days after the statutorily-suggested 60-day window had closed was properly denied as untimely.
Civil Procedure Aug. 31, 2015
Benson v. Southern Cal. Auto Sales
Car purchaser not entitled to damages under the Consumer Legal Remedies Act after seller offers an appropriate correction.
Civil Procedure Aug. 31, 2015
Kaass Law v. Wells Fargo Bank N.A.
District improperly sanctioned law firm under 28 U.S.C. Section 1927 because that section does not authorize sanctions on law firms.
Civil Procedure Aug. 28, 2015
Xcentric Ventures v. Borodkin
Malicious prosecution claims properly dismissed when plaintiff cannot prove underlying extortion claims were brought or continued without probable cause.
Civil Procedure Aug. 26, 2015
LA Taxi v. Independent Taxi Owners
Anti-SLAPP motion is correctly denied when the alleged false internet advertisements for taxicabs constitute purely commercial speech not protected under the statute.
Civil Procedure Aug. 24, 2015
Rutledge v. Hewlett-Packard
Debate over inadequacies of HP tablet notebook constitute issues of fact, not law, invalidating summary judgment of lower court.
Civil Procedure Aug. 24, 2015
Auffert v. Capitales Tours
In case arising from crash of French tour bus in Monterey County, court may not dismiss for forum non conveniens if remedy availability in alternative forum (French courts) is uncertain.
Civil Procedure Aug. 24, 2015
City of Oakland v. Lynch
Federal court lacks jurisdiction to preside over City of Oakland's lawsuit challenging government's forfeiture action targeting medical marijuana dispensary located in Oakland.
Civil Procedure Aug. 21, 2015
Bridewell-Sledge v. Blue Cross of California
Two class actions filed minutes apart are consolidated class actions and court should evaluate them as such when evaluating jurisdiction under Class Action Fairness Act.
Civil Procedure Aug. 21, 2015
Hellam v. Crane
Trial court mistakenly allocates party's settlement as 'pre-verdict' warranting recalculation of defendant's settlements credit.
Civil Procedure Aug. 21, 2015
Chodos v. Borman
For post-judgment interest purposes, appellate ruling may be a modification, though it is 'couched in terms of a reversal,' if ruling has same practical effect as modification.
Civil Procedure Aug. 20, 2015
Association for Los Angeles Deputy Sheriffs v. Los Angeles Times Communications LLC
Union representing Los Angeles County Sheriff's Dept. deputies cannot prevent L.A. Times from reporting on Department's practices by accusing newspaper of possessing stolen confidential documents.
Civil Procedure Aug. 20, 2015
The Inland Oversight Committee v. County of San Bernardino (Colonies Partnership L.P.)
Anti-SLAPP motion inapplicable to public interest lawsuit filed by party challenging 2006 settlement between County of San Bernardino and property owner.
Civil Procedure Aug. 19, 2015
Colonies Partners L.P. v. Superior Court (The Inland Oversight Committee)
Validation judgment bars party's lawsuit against County of San Bernardino and property owner challenging $102 million settlement between County and property owner.
Civil Procedure Aug. 19, 2015
San Bernardino County v. Superior Court (The Inland Oversight Committee)
Party challenging County of San Bernardino's 2006 settlement agreement with property owner lacks taxpayer standing to bring lawsuit.
Civil Procedure Aug. 19, 2015
First Intercontinental Bank v. Ahn
California law, including Civil Code Section 1717(a), governs attorney fee dispute, rather than Georgia law specified in parties' agreement.
Civil Procedure Aug. 19, 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 Aug. 19, 2015
Cabalce v. VSE Corp.
Federal officer removal not warranted where non-military contractor failed to demonstrate government directed destruction of seized fireworks involved in deadly explosion.
Civil Procedure Aug. 14, 2015
Darbun Enterprises, Inc. v. San Fernando Comm. Hosp.
In cases involved mixed issues of equity and law, trial court may not act as factfinder on issues it specifically reserves for jury determination.
Civil Procedure Aug. 13, 2015
Briggs et al. v. Merck, Sharp & Dohme
Failure to establish concrete proposal of jointly-tried claim in medical tort case bars removal from state to federal court as 'mass action.'
Civil Procedure Aug. 7, 2015
Belanus v. Clark
Strikes issued under section 1915(g) of 18 U.S.C. apply to dismissed actions, regardless of whether or not filed 'in forma pauperis.'
Civil Procedure Aug. 5, 2015
Doe v. San Diego-Imperial Council
Clear statutory language provides that person over 26 who files allegations of childhood sexual assault must first obtain a certificate of merit.
Civil Procedure Aug. 3, 2015
Yocupicio v. PAE Group, Inc.
In employing Class Action Fairness Act to remove case to federal court, amount-in-controversy threshold must be met using only those causes of action that are truly class claims.
Civil Procedure Jul. 30, 2015
Klotz v. Milbank, Tweed, Hadley & McCloy
Plaintiffs must abide by Civil Code Section 1714.10's pre-filing requirements to the extent that their conspiracy claim fell within statute.
Civil Procedure Jul. 28, 2015
Dietz v. Bouldin
In first impression review, court justified in re-empanelling jury 'moments' after dismissal to correct verdict error as inquiry satisfies issue of outside influence.
Civil Procedure Jul. 26, 2015