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In the Matter of Garrett
Because alleged tort did not occur on navigable waters, complaint was not cognizable under district court's admiralty jurisdiction.
Civil Procedure 9th Dec. 3, 2020
Broidy Capital Management v. State of Qatar
District court properly dismissed plaintiff's complaint for lack of subject matter jurisdiction under Foreign Sovereign Immunities Act because tortious activity exception did not apply.
Civil Procedure 9th Dec. 3, 2020
Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action.
Civil Procedure 5DCA Nov. 30, 2020
Foroudi v. The Aerospace Corporation
Exhaustion of EEOC remedies does not satisfy exhaustion requirements for state law claims.
Civil Procedure 2DCA/8 Nov. 30, 2020
Villafana v. County of San Diego
Plaintiff failed to allege disparate impact on protected group of individuals and thus failed to state claim for discrimination.
Civil Procedure 4DCA/1 Nov. 30, 2020
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 Nov. 30, 2020
Noergaard v. Noergaard
Attorney fee award was reversed because lower court's early ruling to preserve its jurisdiction despite insufficient notice of service was improper.
Civil Procedure 4DCA/3 Nov. 27, 2020
Olson v. U.S.
Plaintiff's claims under Family and Medical Leave Act were barred by statute of limitations because plaintiff did not prove that defendant willfully interfered with plaintiff's FMLA rights.
Civil Procedure 9th Nov. 24, 2020
Triyar Hospitality Management v. WSI (II) HWP
Judgment based on alter ego doctrine was affirmed because company owners personally funded underlying litigation, there was unity of interest and ownership, and inequity would otherwise result.
Civil Procedure 2DCA/6 Nov. 23, 2020
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Nov. 23, 2020
Jones v. Goodman
Defendant not entitled to attorney fees based on plaintiff's claims lacking legal merit, without further evidence that plaintiff subjectively acted in bad faith.
Civil Procedure 4DCA/1 Nov. 19, 2020
Castillo v. Bank of America
Plaintiff was properly denied class certification in wage and hour action against defendant, because large portion of proposed class was never underpaid.
Civil Procedure 9th Nov. 19, 2020
People v. Bankers Insurance Company
Trial court implicitly found sufficient excuse for defendant's absence at two prior occasions when defendant failed to appear at pretrial hearings, so it properly forfeited bond when defendant failed to appear for trial.
Civil Procedure 1DCA/4 Nov. 18, 2020
KST Data v. Enterprise Services
Defendant was not required to file new answer to amended complaint reasserting its affirmative defenses when amended complaint contained same material allegations as complaint.
Civil Procedure 9th Nov. 18, 2020
Harris v. KM Industrial, Inc.
Defendant failed to establish the amount-in-controversy by relying on unreasonable assumptions.
Civil Procedure 9th Nov. 17, 2020
Chambers v. Whirlpool Corp.
Under Class Action Fairness Act, court should use percentage-of-value, not lodestar, methodology for the portion of the settlement involving coupons.
Civil Procedure 9th Nov. 11, 2020
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Nov. 5, 2020
McCluskey v. Henry
Trial court did not abuse its discretion in sanctioning plaintiff's counsel under Code of Civil Procedure Section 128.7 because counsel's motion to lift the stay was indisputably without merit.
Civil Procedure 1DCA/3 Nov. 4, 2020
Pinto Lake MHP LLC v. County of Santa Cruz
Trial court properly concluded that residents of mobile home park were necessary parties to owner's lawsuit seeking rent increase but remand was necessary to determine whether lawsuit should proceed in residents' absence.
Civil Procedure 6DCA Nov. 3, 2020
Levine v. Berschneider
Sanctions were proper against attorney who told court that he received no word from opposing counsel at hearing to enforce settlement agreement even though settlement was paid in full.
Civil Procedure 2DCA/6 Nov. 2, 2020
Luxury Asset Lending v. Philadelphia Television Network
Trial court erred in denying defendant's motion to vacate and set aside default judgment as untimely because defendant had limited resources and was facing litigation on three fronts.
Civil Procedure 4DCA/3 Nov. 2, 2020
Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Oct. 30, 2020
Auburn Woods I Homeowners Assn. v. State Farm General Insurance Co.
Pretrial offer to compromise was effective to trigger cost shifting under Code of Civil Procedure Section 998.
Civil Procedure 3DCA Oct. 30, 2020
Amended Opinion: Nutrition Distribution v. IronMag Labs
Appeal was untimely as to district court's judgment because motion for attorneys' fees did not extend time to appeal, and district court did not enter order extending time pursuant to Rule 58.
Civil Procedure 9th Oct. 30, 2020
Modification: Gruber v. Yelp Inc.
Penal Code Sections 632 and 637.2 are primarily intended to protect the privacy of the communications of California residents, and therefore, apply to all recordings of such communications--whether one-sided or two-sided.
Civil Procedure 1DCA/3 Oct. 27, 2020
Lowry v. Port San Luis Harbor Dist.
Because plaintiff filed his complaint on the same day he applied to submit a late claim without waiting for public entity's response, Government Claims Act was not satisfied.
Civil Procedure 2DCA/6 Oct. 23, 2020
Kramer v. Traditional Escrow
Lower court erred in granting equitable relief from default judgment to defendants because defendants were unaware of the amended complaint due to their own negligence.
Civil Procedure 4DCA/3 Oct. 22, 2020
Paul Blanco's Good Car Co. Auto Group v. Superior Court (People)
If the admission of the truth of the complaint might subject a corporation to criminal prosecution, the corporation does not have to verify its answer.
Civil Procedure 1DCA/5 Oct. 22, 2020
Modification: Skaff v. Rio Nido Roadhouse
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit.
Civil Procedure 1DCA/1 Oct. 21, 2020
Sensory Neurostimulation v. Azar
District court correctly held Medicare's administrative channeling requirement applied to eliminate subject matter jurisdiction to hear plaintiff's claims.
Civil Procedure 9th Oct. 19, 2020