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Name Category Published
Doe v. Luster
Interlocutory order awarding or denying attorney fees under anti-SLAPP statute is not immediately appealable.
Civil Procedure Mar. 28, 2007
Lehman v. Superior Court (Zamora)
Statute of limitations for liability 'created by law' did not apply to breach of fiduciary duty claim brought by directors of corporation.
Civil Procedure Mar. 28, 2007
Reedy v. Bussell
If party does not specify damages sought for terminating sanctions, but requests discovery sanctions as alternatives, court may consider such alternative sanctions.
Civil Procedure Mar. 28, 2007
Thornton v. Career Training Center Inc.
Private party bringing representative action under unfair competition law must meet specific standing requirements.
Civil Procedure Mar. 27, 2007
Burnete v. La Casa Dana Apartments
Motion to set aside judgment is properly denied where litigant cannot assert he made mistake in deciding to represent himself at trial.
Civil Procedure Mar. 27, 2007
Mansour v. Degas
Court properly refuses to set aside dismissal order where counsel moves to vacate more than 10 months after receiving notice.
Civil Procedure Mar. 26, 2007
Marcey v. Romero
Costs for expert witness fees are properly taxed where prevailing party revokes settlement offer before statutory expiration.
Civil Procedure Mar. 26, 2007
Employee Painters' Trust v. Ethan Enterprises Inc.
Default judgment is proper where defendant corporation is not represented by counsel and officers fail to answer amended complaint.
Civil Procedure Mar. 23, 2007
McAtee v. Capital One F.S.B.
Under Class Action Fairness Act, substitution of named defendant for Doe defendant does not 'commence' civil action against newly named defendant.
Civil Procedure Mar. 23, 2007
Shepard v. Edward Mackay Enterprises Inc.
Federal Arbitration Act pre-empts state law permitting plaintiff to avoid arbitration if dispute arose from transaction involving interstate commerce.
Civil Procedure Mar. 23, 2007
Bivens v. Gallery Corp.
Proposition 64 negates plaintiff's standing to pursue his claims under California's Unfair Competition Law and False Advertising Act.
Civil Procedure Mar. 22, 2007
Bivens v. Corel Corp.
Proposition 64 extinguished plaintiff's right to bring his claims on behalf of general public.
Civil Procedure Mar. 22, 2007
Lytwyn v. Fry's Electronics Inc.
Proposition 64 requires judgment on pleadings in favor of defendant regarding plaintiff's representative claims on behalf on general public.
Civil Procedure Mar. 22, 2007
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Member organization comprised of individually owned hotels may not be held liable for alleged Proposition 65 violations by members.
Civil Procedure Mar. 22, 2007
Van Horn v. Watson
Summary judgment is not appropriate where disputed facts exist as to friend's negligence and whether emergency 'rescue' increased passenger's risk of harm.
Civil Procedure Mar. 22, 2007
Mays v. City of Los Angeles
Police sergeant may not be officially reprimanded after one year of discovery of alleged misconduct.
Civil Procedure Mar. 21, 2007
Katz v. Campbell Union High School District
Where party's published summons did not specify concrete date for response and good cause was not demonstrated, matter was properly dismissed.
Civil Procedure Mar. 21, 2007
Day v. Collingwood
Court erred in determining that motion for sanctions was moot because it was filed postjudgment.
Civil Procedure Mar. 21, 2007
People v. Alvarado
Pursuant to Penal Code Section 786, in stolen property case, venue was proper in Orange County where property was stolen.
Civil Procedure Mar. 21, 2007
Oakland Raiders v. National Football League
Where new trial order does not specify juror misconduct on which it is premised, appellate court must independently review motion.
Civil Procedure Mar. 21, 2007
D.D., a Minor
Where court did not appoint guardian ad litem for minor father, termination of reunification services is not proper.
Civil Procedure Mar. 21, 2007
County of Los Angeles v. Harco National Insurance Co.
In bail forfeiture case, surety who failed to file timely notice of appeal was not entitled to collaterally attack judgment.
Civil Procedure Mar. 21, 2007
U.S. v. Sadler
FRAP 4(b) is nonjurisdictional claim-processing rule whose untimely invocation forfeits criminal defendant's right to appeal.
Civil Procedure Mar. 20, 2007
Colony Hill v. Ghamaty
Appellate court lacks jurisdiction to review award of fees, unless order was separately appealed or entitlement to fees was included in judgment.
Civil Procedure Mar. 20, 2007
Collins v. Hertz Corp.
Summary judgment may be granted if opposing party fails to prepare papers that comply with applicable procedural rules.
Civil Procedure Mar. 20, 2007
Graciano v. Robinson Ford Sales Inc.
Reduction of prevailing party's award for attorney fees, base lodestar amount and counsel's hourly rate was abuse of discretion.
Civil Procedure Mar. 20, 2007
Aguiar v. Cintas Corporation No. 2
Potential conflict of interest between proposed class members may not defeat class certification if class may be divided into sub-classes.
Civil Procedure Mar. 20, 2007
SC Manufactured Homes Inc. v. Canyon View Estates Inc.
Defendants were not entitled to attorney fees under provision of Mobilehome Residency Law where case did not arise out of that law.
Civil Procedure Mar. 20, 2007
Dukes v. Wal-Mart Inc.
Class certification is proper in sexual discrimination case brought by female employees of Wal-Mart.
Civil Procedure Mar. 20, 2007
Alan v. American Honda Motor Co. Inc.
Single, self-sufficient document, either entitled 'Notice of Entry' or file-stamped minute order is required to trigger 60-day appeal period.
Civil Procedure Mar. 19, 2007