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Dow v. Lassen Irrigation Company
A watermaster appointed to supervise a water rights decree did not have standing to appeal the trial court's interpretation of the decree, as there was no injury to the watermaster.
Civil Procedure 3DCA Feb. 24, 2022
Saldana v. Glenhaven Healthcare
Merely complying with federal COVID-19 regulations was insufficient to bring a nursing home under the federal officer removal statute.
Civil Procedure 9th Feb. 23, 2022
Lara v. First National Insurance Co. of America
Denial of class certification was appropriate where individual trials would be a superior method to adjudicate the issues since individualized determinations would need to be made regarding each plaintiff's injury.
Civil Procedure 9th Feb. 14, 2022
Peck v. Swift Transportation
Proposed settlement agreement of class claims should have been subjected to higher standard of fairness and more probing inquiry before approval when a class had not yet been certified.
Civil Procedure 9th Feb. 14, 2022
Falck N. California Corp. v. Scott Griffith Collaborative Solutions
The filing of an amended complaint rendered an interlocutory appeal challenging the prior complaint moot.
Civil Procedure 9th Feb. 11, 2022
Ables v. A. Ghazale Brothers, Inc.
A trial court properly dismissed plaintiff's case because an administrative rule extending the statute of limitations did not trigger a statute to extend the deadline an additional six months.
Civil Procedure 5DCA Feb. 7, 2022
In re U.S. Department of Education
The district court erred in denying motions to quash the subpoena to take the deposition of the former Secretary of Education.
Civil Procedure 9th Feb. 7, 2022
Multiversal Enterprises-Mammoth Properties, LLC v. Yelp Inc.
Denial of restaurant owner's motion to compel production of Yelp's software source code was proper because its production was not necessary.
Civil Procedure 2DCA/1 Feb. 7, 2022
Zannini v. Liker
The trial court was correct in declining to give an instruction on abandonment of patient because evidence showed that defendant doctor was not in charge of patient's care.
Civil Procedure 2DCA/8 Feb. 2, 2022
Advanced Integrative Medical Science Institute v. Garland
The court lacked jurisdiction to review an advice letter from the Drug Enforcement Administration because the letter was not a final decision.
Civil Procedure 9th Feb. 1, 2022
Ellis v. Salt River Project
Arizona's notice-of-claim requirement does not conflict with Federal Rule of Civil Procedure 23.
Civil Procedure 9th Feb. 1, 2022
Multiversal Enterprises-Mammoth Properties, LLC v. Yelp, Inc.
Denial of restaurant owner's motion to compel production of Yelp's software source code was proper because its production was not necessary.
Civil Procedure 2DCA/1 Jan. 31, 2022
Sharma v. HSI Asset Loan Obligation Trust 2007-1
The district court should have remanded the case because it was removed to federal court by a party not named in the complaint.
Civil Procedure 9th Jan. 26, 2022
TriCoast Builders, Inc. v. Fonnegra
A party who waived its right to a jury trial by failing to post jury fees failed to demonstrate how it was prejudiced by a court trial.
Civil Procedure 2DCA/2 Jan. 24, 2022
United Grand Corporation v. Stollof
Defendants are the prevailing party when they fulfill requirements of Civil Code Section 1717(b)(2) by tendering the full amount due.
Civil Procedure 2DCA/8 Jan. 21, 2022
ICTSI Oregon v. International Longshore and Warehouse Union
The court lacked jurisdiction because the labor union's argument on interlocutory appeal was a question of fact.
Civil Procedure 9th Jan. 19, 2022
Childs v. San Diego Family Housing LLC
Collateral order doctrine did not apply to a denial of derivative sovereign immunity because the denial would not be unreviewable via an appeal from a final judgment.
Civil Procedure 9th Jan. 18, 2022
Segal v. ASICS America Corp.
Costs for demonstratives and photocopies of exhibits prepared for trial, but ultimately not used are not categorically recoverable but are recoverable in the trial court's discretion.
Civil Procedure CASC Jan. 14, 2022
Olson v. Doe
A mediation agreement's nondisparagement clause did not prevent a party from bringing a later lawsuit arising from same alleged harassment.
Civil Procedure CASC Jan. 14, 2022
American Contractors Indemnity Co. v. Hernandez
A party was not entitled to vacate renewal of judgment where the evidence pointed to his having received notice and being served.
Civil Procedure 2DCA/8 Jan. 13, 2022
Covert v. FCA USA
A trial court should have determined whether a settlement offer was premature and therefore not made in good faith.
Civil Procedure 2DCA/7 Jan. 13, 2022
Isaak v. Superior Court (Syngenta AG)
Denial of trial preference motion in coordinated proceeding was proper when court could not follow generally applicable statute because it established a manner of proceeding mostly consistent with preference statute.
Civil Procedure 1DCA/1 Jan. 13, 2022
LNS Enterprises v. Continental Motors
To establish specific jurisdiction, plaintiff bears the burden of submitting materials providing jurisdictional facts in order to avoid defendant's motion to dismiss.
Civil Procedure 9th Jan. 13, 2022
Cirrincione v. American Scissor Lift
A rounding claim was not suitable for class treatment due to the predominance of individual issues.
Civil Procedure 3DCA Jan. 6, 2022
Western Watersheds Project v. Haaland
Request to intervene in multi-phase litigation was timely because movant's interests supported intervention in a later phase and it was filed within the timeframe allowed for filing an appeal.
Civil Procedure 9th Jan. 6, 2022
Cannara v. Nemeth
Under the Johnson Act, the district court lacked subject matter jurisdiction over a suit that may directly or indirectly affect state-approved utility rates.
Civil Procedure 9th Jan. 3, 2022
Park v. Law Offices of Tracey Buck-Walsh
Shifting third-party's expenses incurred from complying with a subpoena was required by plain language of statute once the expenses incurred were determined to be an undue burden or expense.
Civil Procedure 1DCA/3 Dec. 29, 2021
Aquino v. Superior Court (Scott)
Period for filing petition under Code of Civil Procedure Section 1013(a) begins on date specified on declaration of mailing attached to the order and clerk's use of term "mailed" versus "deposited in the mail" was insignificant.
Civil Procedure 1DCA/5 Dec. 28, 2021
People v. Financial Casualty & Surety
An emergency rule tolling the limitations period for civil actions did not toll the initial appearance period for a bond forfeiture.
Civil Procedure 4DCA/1 Dec. 23, 2021
Marriage of Tamir
A family court abused its discretion in unsealing records because it failed to assess whether the documents at issue were submitted as a basis for adjudication
Civil Procedure 1DCA/1 Dec. 22, 2021