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Nunn v. JPMorgan Chase Bank
Parties' agreement in open court to trial date outside three-year period extended statutory deadline to that trial date.
Civil Procedure 1DCA/4 May 20, 2021
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 May 20, 2021
Colebrook v. CIT Bank, N.A.
Trial court properly sustained defendant's demurrer based on res judicata because plaintiff's claims invoked same primary right as her three previous lawsuits that she brought against same defendant.
Civil Procedure 2DCA/6 May 19, 2021
People v. Financial Casualty & Surety
Procedural errors in trial court's setting of bail during criminal prosecution do not abrogate surety's financial obligation in collateral bail proceeding.
Civil Procedure 2DCA/4 May 19, 2021
BP P.L.C. v. Mayor and City Council of Baltimore
28 U.S.C. Section 1447(d) permits appellate review of district court's entire remand order when defendant relies on Section 1442 or 1443 as ground for removal.
Civil Procedure USSC May 18, 2021
City of Calexico v. Bergeson
City's cross-appeal challenging terminated police officer's award of back pay dismissed as untimely since it was filed nearly four months after final judgment.
Civil Procedure 4DCA/1 May 17, 2021
Grados v. Shiau
Default judgment rendered void because award of earn-out payment exceeded constitutionally allowable maximum interest rate of 10 percent.
Civil Procedure 1DCA/3 May 5, 2021
Verceles v. Los Angeles Unified School Dist.
Trial court erred in finding plaintiff's causes of action relating to school district's decision to terminate his employment for alleged misconduct arose from protected activity under anti-SLAPP statute.
Civil Procedure 2DCA/7 May 3, 2021
Sperring v. LLR, Inc.
Voluntary dismissal of claims following an order compelling arbitration does not create appellate jurisdiction.
Civil Procedure 9th Apr. 26, 2021
Modification: Gilman v. Dalby
Under Code of Civil Procedure Section 708.410, judgment creditors' lien attached to money ordered returned to judgment debtor in his lawsuit against a different party.
Civil Procedure 3DCA Apr. 12, 2021
Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods
District court abused its discretion by not resolving factual disputes necessary to decide predominance requirement before certifying classes.
Civil Procedure 9th Apr. 7, 2021
Rustico v. Intuitive Surgical
Diversity product liability action was barred by California's two-year statute of limitations.
Civil Procedure 9th Apr. 7, 2021
In re Becker
Employee Retirement Income Security Act does not bar forum selection clauses even though 'ready access to the Federal courts' is among its goals.
Civil Procedure 9th Apr. 2, 2021
Maine Community Health Options v. Albertsons Companies Inc.
Amount in controversy in Federal Arbitration Act Section 7 enforcement action can be measured by either benefit to plaintiff or detriment to defendant that would result from enforcement of subpoena.
Civil Procedure 9th Apr. 1, 2021
Yue v. Yang
Specific jurisdiction was established where defendant intentionally sent California-focused social media messages directly to California resident for alleged purpose of causing reputational injury there.
Civil Procedure 1DCA/5 Mar. 31, 2021
Manhan v. Gallagher
When postdismissal or postjudgment motion involves collateral statutory rights, court may retain jurisdiction to determine and enforce those rights.
Civil Procedure 1DCA/3 Mar. 30, 2021
Ford Motor Co. v. Montana Eighth Judicial Dist.
Because defendant advertises and markets its vehicles in forum states, connection between plaintiff's claims and defendant's activities was sufficient to support specific jurisdiction.
Civil Procedure USSC Mar. 26, 2021
Academy of Country Music v. Continental Casualty Company
District court's transmittal of remand order did not deprive federal courts of jurisdiction and review was not barred by 28 U.S.C. Section 1447(d).
Civil Procedure 9th Mar. 23, 2021
San Francisco CDC LLC v. Webcor Construction L.P.
One-year statute of limitations applies to disgorgement claims brought under Business and Professions Section 7031(b) because disgorgement is a statutory penalty.
Civil Procedure 1DCA/1 Mar. 23, 2021
Foster v. Sexton
Prisoner grievance procedure is 'unavailable' for purposes of California law when prison administrators thwart inmates from taking advantage of grievance process through machination, misrepresentation, or intimidation.
Civil Procedure 5DCA Mar. 18, 2021
Wilson v. The La Jolla Group
Trial court abused its discretion by determining that common questions did not predominate on plaintiffs' wage statement claim.
Civil Procedure 4DCA/1 Mar. 16, 2021
Bichai v. Dignity Health
Although medical staff recommended denying plaintiff's reapplication for hospital privileges, medical staff and hospital are separate legal entities and therefore, hospital had not taken any adverse action against plaintiff.
Civil Procedure 5DCA Mar. 16, 2021
Gilman v. Dalby
Under Code of Civil Procedure Section 708.410, judgment creditors' lien attached to money ordered returned to judgment debtor in his lawsuit against a different party.
Civil Procedure 3DCA Mar. 16, 2021
Coachella Valley Water Dist. v. Superior Courts (Roberts)
Code of Civil Procedure Sections 860 et seq. validation statutes applied to local water district's annual property tax.
Civil Procedure 4DCA/2 Mar. 11, 2021
Mostafavi Law Group, APC v. Larry Rabineau, APC
Written offer made under Code of Civil Procedure Section 998 without an acceptance provision and subsequent related judgment held invalid.
Civil Procedure 2DCA/4 Mar. 8, 2021
Varney Entertainment Grp. v. Avon Plastics
No abuse of discretion in declining to award defendant attorney fees and costs because although plaintiff dismissed his claim, litigation of that claim was ongoing in different jurisdiction.
Civil Procedure 4DCA/3 Feb. 25, 2021
U.S. v. State Water Resources Control Board
Partial stays pursuant to 'Colorado River' are permissible only in very limited circumstances, namely when there is strong evidence of forum shopping.
Civil Procedure 9th Feb. 25, 2021
Crestwood Behavioral Health, Inc. v. Superior Court (Fragoza)
In action under Private Attorneys General Act, venue was proper in county where company allegedly committed Labor Code violations against some of its employees.
Civil Procedure 1DCA/5 Feb. 19, 2021
Metal Jeans v. Metal Sport
Appropriate standard of review of district court's determination to grant summary judgment on affirmative defense of unclean hands is abuse of discretion.
Civil Procedure 9th Feb. 17, 2021
Organizacion Comunidad de Alviso v. City of San Jose
Relation back doctrine was inapplicable where plaintiff received constructive notice of defendant's identity months prior to statute of limitations passing.
Civil Procedure 6DCA Feb. 11, 2021