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Grove v. Juul Labs, Inc.
Former employee could not bring shareholder class action in California since forum selection provision in Juul's corporate charter was only voidable by an employee, not a shareholder.
Civil Procedure 1DCA/3 Apr. 29, 2022
Hahn v. New York Air Brake LLC
In an asbestos suit, a manufacturer was properly substituted for a Doe defendant where plaintiff did not discover facts to establish a cause of action against the manufacturer until after the complaint was filed.
Civil Procedure 1DCA/5 Apr. 27, 2022
Lincoln v. Lopez
Appellant's claim of electioneering was denied since the legislature did not intend an absolute 100-foot prohibition on electioneering near drop boxes and the other candidate's violation, if any, was inadvertent.
Civil Procedure 1DCA/2 Apr. 27, 2022
State of California v. Superior Court (Paniagua)
Descendants of man killed by a vehicle on an allegedly dangerous roadway had right to unredacted accident reports since the other accidents occurred in the same location under similar circumstances.
Civil Procedure 2DCA/6 Apr. 27, 2022
Divino Plastic Surgery, Inc. v. Superior Court
Statutory deadline for leave to include punitive damages in a health care provider negligence claim demanded strict compliance where plaintiffs were aware of facts necessary to move to amend.
Civil Procedure 4DCA/1 Apr. 26, 2022
County of San Mateo v. Chevron
Federal courts did not have jurisdiction over counties' global-warming-related state law claims against several energy companies.
Civil Procedure 9th Apr. 20, 2022
Ross v. Superior Court (County of Riverside)
Trial court erred by granting county's motion to quash subpoena of district attorney for deposition regarding county lawyers' alleged attempt to alter testimony about a material witness' credibility.
Civil Procedure 4DCA/1 Apr. 20, 2022
HiQ Labs, Inc. v. LinkedIn
The Computer Fraud and Abuse Act did not preempt plaintiff's state law claims since plaintiff showed serious questions as to whether access "without authorization" was inapplicable to public LinkedIn profiles.
Civil Procedure 9th Apr. 19, 2022
Trendsettah USA v. Swisher Int'l
Plaintiff's presentation of misleading financial documents did not constitute fraud on the court since there was no clear and convincing evidence that it was intentional or aimed at the court.
Civil Procedure 9th Apr. 18, 2022
Shoner v. Carrier Corp.
Federal court lacked jurisdiction because while attorneys' fees are not "costs" under the Magnuson-Moss Warranty Act and may be included in the amount in controversy, they were unavailable under plaintiff's claims.
Civil Procedure 9th Apr. 15, 2022
SK Trading International v. Superior Court (People)
Trial court did not err in denying South Korean corporation's motion to quash service of summons because its contacts with gasoline firms in California were sufficient to support specific jurisdiction.
Civil Procedure 1DCA/4 Apr. 14, 2022
Olean Wholesale Grocery v. Bumble Bee Foods
District court did not abuse its discretion in concluding that economist's statistical regression model, along with other expert evidence, was capable of showing that a price-fixing conspiracy caused a class-wide antitrust impact.
Civil Procedure 9th Apr. 11, 2022
Mendoza v. Amalgamated Transit Union Intl.
Nonparty board members to a prior action against their union were subject to the bar against claim splitting because the members were adequately represented in the prior action.
Civil Procedure 9th Apr. 8, 2022
Teacher v. California Western School of Law
Law school violated expelled student's right to fair process by denying him the right to cross-examine witnesses as guaranteed by the school's procedures.
Civil Procedure 4DCA/1 Apr. 6, 2022
A.B. v. Hawaii State Dept. of Education
District court abused its discretion in concluding that female student athletes had not met the numerosity requirement for class certification because it failed to give appropriate weight to the large size of the proposed class.
Civil Procedure 9th Apr. 5, 2022
Artus v. Gramercy Towers Condominium Assn.
Absent abuse of discretion, trial courts are to be allowed broad discretion in determining who was the prevailing party when awarding attorney's fees, especially where there is thorough and comprehensive analysis.
Civil Procedure 1DCA/2 Mar. 31, 2022
Scheer v. Regents of the University of California
The McDonnell Douglas burden-shifting analysis is not the proper test for whistleblower claims under the Labor Code and Government Code, and the test under Labor Code Section 1102.6 should be used instead.
Civil Procedure 2DCA/3 Mar. 30, 2022
Modification: Monterey Coastkeeper v. Central Coast Regional Water Quality Control Bd.
A claim requesting the court to order the State Water Resources Control Board to review regional boards' actions did not allege a dispute amenable to resolution through declaration.
Civil Procedure 3DCA Mar. 30, 2022
Mac v. Minassian
Trial court abused its discretion when it entered judgment against a party based on the post-trial fifth amended complaint after treating him as a non-party under the fourth amended complaint.
Civil Procedure 2DCA/8 Mar. 21, 2022
Riskin v. Downtown L.A. Property Owners Assn.
A court has discretion to find that a plaintiff was not the prevailing party when they obtain documents under the California Privacy Rights Act that are minimal or insignificant.
Civil Procedure 2DCA/3 Mar. 18, 2022
Jauregui v. Roadrunner Transportation Services, Inc.
District court erred in zeroing out rather than replacing defendant's faulty assumptions when attempting to meet its $5 million amount in controversy CAFA removal burden.
Civil Procedure 9th Mar. 18, 2022
Meinhardt v. City of Sunnyvale
In determining the dispositive nature of a writ of mandate, even if the writ resembles an order, when it determines the rights of the parties it is considered a final judgment and is therefore appealable.
Civil Procedure 4DCA/1 Mar. 11, 2022
John Doe v. Snyder
The district court's denial of John Doe's mandatory preliminary injunction, requesting the court to order Medicaid to pay for Doe's male chest reconstruction surgery, was not clear error.
Civil Procedure 9th Mar. 11, 2022
Monterey Coastkeeper v. Central Coast Regional Water Quality Control Bd.
A claim requesting the court to order the State Water Resources Control Board to review regional boards' actions did not allege a dispute amenable to resolution through declaration.
Civil Procedure 3DCA Mar. 9, 2022
Cameron v. EMW Women's Surgical Center, P. S. C.
Attorney general's motion to intervene to defend the constitutionality of a state statute should have been granted because of a state's strong interest in enforcing its own laws.
Civil Procedure USSC Mar. 4, 2022
U.S. v. Zubaydah
Plaintiff's discovery application, requesting information concerning the existence of a CIA detention site in Poland, fell within the state secrets privilege.
Civil Procedure USSC Mar. 4, 2022
In Re Rejuvi Laboratory, Inc.
California corporation waived its personal jurisdiction defense when, in an attempt to set aside an Australian default judgment, it voluntarily appeared in an Australian district court.
Civil Procedure 9th Mar. 4, 2022
LGCY Power v. Superior Court (Sewell)
An employee did not need to raise an otherwise compulsory cross-complaint in a Utah lawsuit because the California Labor Code mandated that such a dispute be resolved in California.
Civil Procedure 5DCA Mar. 3, 2022
Broadcast Music, Inc. v. Structured Asset Sales
A sanctions motion was improperly filed because the contested motion was resolved by the court during the 21-day safe harbor period.
Civil Procedure 2DCA/2 Feb. 28, 2022
Ratha v. Phatthana Seafood
Cambodian villagers failed to establish that their claims against a Thai company was a valid extraterritorial application of the Trafficking Victims Protection Reauthorization Act.
Civil Procedure 9th Feb. 28, 2022