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Guo v. Moorpark Recovery Service, LLC
Judgment was unambiguous that judgment creditor's predecessors-in-interest were entitled to attorney fees and thus, defendants were 'awarded' such fees under Code of Civil Procedure Section 685.040.
Civil Procedure 1DCA/5 Feb. 10, 2021
Doe v. Westmont College
Trial court's denial of attorney fees vacated because it applied wrong standard when deciding necessity and financial burden of private enforcement prong of Code of Civil Procedure Section 1021.5.
Civil Procedure 2DCA/6 Feb. 10, 2021
Medipro Medical Staffing v. Certified Nursing Registry
Trial court abused its discretion by appointing receiver because debtor did not interfere with creditor's collection efforts, its business simply diminished.
Civil Procedure 2DCA/2 Feb. 8, 2021
Assn. for Los Angeles Deputy Sheriffs v. County of Los Angeles
Trial court properly dismissed plaintiff's petition because while plaintiff's administrative remedies were inadequate, plaintiff could not allege sufficient facts to state cause of action for violation of Labor Code Section 221.
Civil Procedure 2DCA/8 Feb. 2, 2021
Murphy v. Twitter, Inc.
Trial court properly sustained Twitter's demurrer without leave to amend because plaintiff's lawsuit was barred by Communications Decency Act of 1996, 47 U.S.C. Section 230.
Civil Procedure 1DCA/1 Jan. 27, 2021
Searles v. Archangel
Trial court properly concluded it was obligated to follow Code of Civil Procedure Section 527.6's express requirement for personal service.
Civil Procedure 2DCA/7 Jan. 26, 2021
Whitaker v. Tesla Motors
Plaintiff's allegations were not sufficient to satisfy standards articulated by 'Iqbal' and 'Twombly,' which, taken together, require well-pleaded facts, not legal conclusions, that plausibly give rise to entitlement to relief.
Civil Procedure 9th Jan. 26, 2021
Modification: Mireskandari v. Gallagher
Plaintiff failed to demonstrate that application of United Kingdom's litigation privilege in his California litigation of California state law claims would further UK's interests.
Civil Procedure 4DCA/1 Jan. 25, 2021
Plascencia v. Deese
It is error for a trial court not to allow the jury to assess the comparative fault of defendants who settled before trial.
Civil Procedure 2DCA/6 Jan. 21, 2021
Board of Registered Nursing v. Superior Court (Johnson & Johnson)
Trial court erred in granting defendants' motion to compel production of documents against nonparty state agencies because defendants' motions were untimely.
Civil Procedure 4DCA/1 Jan. 20, 2021
Decea v. County of Ventura
Doctrine of laches held applicable to petition challenging parcel map's purported error 35 years after it could have been addressed.
Civil Procedure 2DCA/6 Jan. 20, 2021
Saint Francis Memorial Hospital v. State Dept. of Public Health
Counsel's mistake in missing statutory language that agency decisions that are 'effective immediately' eliminate 30-day period for reconsideration, and thus begin limitations period, was not objectively reasonable under equitable tolling.
Civil Procedure 1DCA/1 Jan. 14, 2021
Wang v. Fang
Trial court abused its discretion in dismissing plaintiffs' complaint for forum non conveniens as opposed to merely staying the action pending outcome of plaintiffs' case in China.
Civil Procedure 4DCA/1 Jan. 13, 2021
Lee v. Kotyluk
Landlords may rely on three-day notice served by their predecessor in interest as grounds for unlawful detainer claim.
Civil Procedure 4DCA/3 Jan. 11, 2021
New Livable California v. Assn. of Bay Area Governments
Trial court erroneously granted defendant's demurrer after taking judicial notice of defendant's documents without allowing plaintiff to present contrary extrinsic evidence.
Civil Procedure 1DCA/3 Jan. 7, 2021
Aghaian v. Minassian
Conducting sham transfers under family court supervision was not communicative conduct and thus not protected under litigation privilege.
Civil Procedure 2DCA/1 Jan. 5, 2021
Mireskandari v. Gallagher
Plaintiff failed to demonstrate that application of United Kingdom's litigation privilege in his California litigation of California state law claims would further UK's interests.
Civil Procedure 4DCA/1 Jan. 4, 2021
Modification: Alfaro v. Superior Court (People)
Trial court was directed to grant defendant's motion for discovery because names and zip codes on master or qualified jury list are disclosable as public records.
Civil Procedure 1DCA/5 Dec. 31, 2020
Public Watchdogs v. Southern California Edison
District court properly dismissed Appellant's claims challenging final orders of United States Nuclear Regulatory Commission for lack of jurisdiction under Hobbs Act.
Civil Procedure 9th Dec. 30, 2020
Burgess v. Coronado Unified School District
News outlet's intervention led to release of only insignificant, insubstantial records, which did not warrant an award of attorney's fees.
Civil Procedure 4DCA/1 Dec. 29, 2020
Sass v. Cohen
Plaintiff seeking accounting action must plead specific dollar amount to support default judgment granting monetary relief.
Civil Procedure CASC Dec. 28, 2020
State of Cal. ex rel. Edelweiss v. JP Morgan Chase
Trial court properly dismissed plaintiff's second amended complaint for failure to timely serve respondents because plaintiff's extended period of sealing could not be considered a cause beyond plaintiff's control.
Civil Procedure 1DCA/4 Dec. 24, 2020
Modification: Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action.
Civil Procedure 5DCA Dec. 18, 2020
Attia v. Google
District court properly dismissed plaintiff's Defend Trade Secrets Act claim because defendant's patent applications containing trade secret extinguished its trade secret status.
Civil Procedure 9th Dec. 17, 2020
Alfaro v. Superior Court (People)
Trial court was directed to grant defendant's motion for discovery because names and zip codes on master or qualified jury list are disclosable as public records.
Civil Procedure 1DCA/5 Dec. 11, 2020
347 Group, Inc. v. Philip Hawkins Architect, Inc.
Nonsignatory defendant sued under alter ego theory on action that did not include breach of contract claim was entitled to attorneys fees under Civil Code Section 1717.
Civil Procedure 3DCA Dec. 9, 2020
Hildebrandt v. Staples the Office Superstore, LLC
Statute of limitations should have been tolled during class certification proceeding where same claims were asserted by different putative class member.
Civil Procedure 2DCA/3 Dec. 8, 2020
Gulf Offshore Logistics, LLC v. Superior Court (Norris)
California's wage and hour laws apply to workers performing all or most of their work in California; residence of employees or location of employer are not relevant factors.
Civil Procedure 2DCA/6 Dec. 8, 2020
Kwan Software Engineering, Inc. v. Hennings
Trial court abused its discretion in denying defendants' request for monetary sanctions against plaintiffs for misuse of discovery process.
Civil Procedure 6DCA Dec. 4, 2020
Modification: Prescription Opioid Cases
Rule 3.516 of California Rules of Court only permits one judicial peremptory challenge per side in Judicial Council Coordination Proceedings.
Civil Procedure 2DCA/3 Dec. 3, 2020