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BNSF Railway Company v. Columbia River Gorge Commission
Local county code is not exempt from preemption under Interstate Commerce Commission Termination Act. 		Civil Procedure 9th Aug. 25, 2021
Allison v. Tinder
Settlements that occur before class certification are subject to high procedural standards. 		Civil Procedure 9th Aug. 18, 2021
Meridian Financial Services, Inc. v. Phan
For purposes of issue preclusion, trial judge's decision remained final notwithstanding stipulated order partly vacating it. 		Civil Procedure 4DCA/1 Aug. 12, 2021
Moser v. Benefytt, Inc.
Defendant did not have 'available' personal jurisdiction defense to claims of unnamed putative class members who were not yet parties to case at motion to dismiss stage. 		Civil Procedure 9th Aug. 11, 2021
Daly v. San Bernardino County Bd. of Supervisors
Court's order requiring local legislative body to remove and replace its member due to board's violation of open-meeting requirements was a mandatory injunction; thus, order should be stayed for pendency of appeal. 		Civil Procedure CASC Aug. 10, 2021
Harris v. Thomas Dee Engineering Co., Inc.
Expert's declaration showed triable issue as to asbestos exposure under re-entrainment theory, even if he neglected to mention that phenomenon during his deposition. 		Civil Procedure 1DCA/5 Aug. 5, 2021
Rivelli v. Hemm
Claim must arise out or or relate to forum-related activities to satisfy personal jurisdiction. 		Civil Procedure 6DCA Aug. 4, 2021
Berg v. Pulte Home Corp.
After insurer's equitable subrogation entitlement was adjudicated in insurer's favor by trial court sitting in equity, defendant was entitled to jury trial on legal claims by insurer. 		Civil Procedure 3DCA Aug. 3, 2021
Braganza v. Albertson's LLC
Party who seeks continuance must show why discovery necessary to oppose motion for summary judgment could not have been completed sooner. 		Civil Procedure 4DCA/2 Aug. 2, 2021
Bailey v. MacFarland
Domestic relations exception to federal diversity jurisdiction applied because plaintiff was seeking modification to existing divorce decree. 		Civil Procedure 9th Jul. 29, 2021
Cahill Construction Co., Inc. v. Superior Court (Richards)
Code of Civil Procedure Section 2025.295 caps deposition of terminally-ill mesothelioma plaintiff to 14 hours. 		Civil Procedure 1DCA/5 Jul. 21, 2021
Struiksma v. Ocwen Loan Servicing, LLC
Wrongful foreclosure claims were not precluded by prior unlawful detainer action under Code of Civil Procedure Section 1161a. 		Civil Procedure 4DCA/3 Jul. 16, 2021
Shalabi v. City of Fontana
Plaintiff's 18th birthday should have been excluded pursuant to Code of Civil Procedure Section 12 in calculating when statute of limitations period started running after tolling during minority ended. 		Civil Procedure CASC Jul. 13, 2021
Starcevic v. Pentech Financial Services, Inc.
Partition action statutory scheme does not excuse appellant's non-compliance with Enforcement of Judgments Law. 		Civil Procedure 4DCA/1 Jul. 8, 2021
Vera v. REL-BC, LLC
Code of Civil Procedure Section 338(d)'s three year statute of limitations apply when fraud is 'gravamen' of breach of contract cause of action. 		Civil Procedure 1DCA/4 Jul. 6, 2021
Modification: Sales v. City of Tustin
Trial court incorrectly found that 30-day safe harbor to refile state law claims afforded by 28 U.S.C. Section 1367(d) began to run from date of district court's judgment, rather than after appeal. 		Civil Procedure 4DCA/1 Jun. 30, 2021
Swanson v. The Marley-Wylain Co.
Judgment was reversed and remanded for new trial because trial court improperly instructed jury on Michigan law and that error was prejudicial. 		Civil Procedure 2DCA/1 Jun. 29, 2021
Mendoza v. Superior Court (People)
Resentencing hearing did not constitute 'new trial' for purposes of Code of Civil Procedure Section 170.6's 60-day deadline for peremptory challenge. 		Civil Procedure 4DCA/1 Jun. 25, 2021
Favila v. Pasquarella
Amending prior judgment to add judgment debtor on alter ego grounds was not barred by claim preclusion. 		Civil Procedure 2DCA/7 Jun. 23, 2021
Westwood Homes, Inc. v. AGCPII Villa Salerno Member
Appellants were viewed as prevailing parties and entitled to attorney fees because trial court denied motion to amend judgment to add them as alter ego judgment debtors. 		Civil Procedure 3DCA Jun. 23, 2021
Rios v. Singh
Plaintiff's resort to service by publication was justified because service of summons by other means proved impossible. 		Civil Procedure 3DCA Jun. 21, 2021
County of Sacramento v. Rawat
Trial court had jurisdiction because notice of receiver's final account and request for discharge was properly served to every entity known to receiver to have substantial, unsatisfied claim that would be affected. 		Civil Procedure 3DCA Jun. 21, 2021
Sales v. City of Tustin
Trial court incorrectly found that 30-day safe harbor to refile state law claims afforded by 28 U.S.C. Section 1367(d) began to run from date of district court's judgment, rather than after appeal. 		Civil Procedure 4DCA/3 Jun. 10, 2021
Modification: San Diegans for Open Government v. Fonseca
Plaintiff lacked standing because it failed to establish that it, or its member who qualified as 'resident,' paid tax that funded local agency one year prior to commencement of action. 		Civil Procedure 4DCA/1 Jun. 9, 2021
San Antonio v. Hotels.com, L. P.
Courts of appeals have discretion to apportion all appellate costs covered by Federal Rule of Appellate Procedure Rule 39 and district courts cannot alter that allocation. 		Civil Procedure USSC May 28, 2021
Arriagarazo v. BMW of North America, LLC
Offer to compromise under Code of Civil Procedure Section 998 must make clear of any intention to stray from usual path of entry of judgment. 		Civil Procedure 3DCA May 28, 2021
Aghaian v. Minassian
Defendant was precluded from seeking appellate review of inconvenient forum issue because appellate court previously ruled on that issue. 		Civil Procedure 2DCA/8 May 26, 2021
Reck v. FCA US LLC
In public interest litigation with mandatory fee shifting statute, it is error for trial court to reduce attorney fees on basis of plaintiff's failure to settle when ultimate recovery exceeds Section 998 offer. 		Civil Procedure 1DCA/1 May 26, 2021
People v. Aguirre
Public agency may be sanctioned under Code of Civil Procedure Section 177.5 for failing to show good cause for violating a court order. 		Civil Procedure 3DCA May 26, 2021
Paterra v. Hansen
Defendant's default judgment was set aside because plaintiff's amended complaint made material changes which required her to serve notice on defendant's predecessor. 		Civil Procedure 4DCA/1 May 25, 2021
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