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Inteliclear v. ETC Global Holdings
Genuine issue of material fact existed as to whether plaintiff identified its trade secrets with sufficient particularity.
Civil Procedure 9th Oct. 16, 2020
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. 9, 2020
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. 7, 2020
Reales Investment, LLC v. Johnson
Trial court did not abuse its discretion in denying motion for continuance made on the first day of trial.
Civil Procedure 4DCA/2 Oct. 7, 2020
Hooked Media Group, Inc. v. Apple Inc.
Broken promises regarding future conduct may be actionable as promissory fraud, but only if promisor did not actually intend to perform at the time the promise was made.
Civil Procedure 6DCA Oct. 5, 2020
Simgel Co., Inc. v. Jaguar Land Rover North America, LLC
A trial court has the authority to correct a mistaken verdict under Code of Civil Procedure Section 663.
Civil Procedure 2DCA/8 Oct. 5, 2020
Alborzi v. University of Southern California
Trial court erred by impliedly finding that hospital's decision to dissolve panel of physicians was quasi-legislative because it ignored plaintiff's factual allegations.
Civil Procedure 2DCA/4 Oct. 1, 2020
Doe v. Google, Inc.
Because plaintiffs' claims addressed conduct affecting individual employees, as distinct from NLRA's focus on concerted activity, and because this state-court action posed no threat to NLRA's jurisdiction, local interest exception to preemption applied.
Civil Procedure 1DCA/4 Sep. 24, 2020
Heshejin v. Rostami
Plaintiffs' derivative claims were barred by compulsory cross-complaint rule because they existed in related cause of action.
Civil Procedure 2DCA/7 Sep. 24, 2020
Koussaya v. City of Stockton
Summary judgment in favor defendants was proper because there was no triable issue of fact regarding whether officers unreasonably fired at robber during a high-speed chase.
Civil Procedure 3DCA Sep. 23, 2020
McShannock v. JP Morgan Chase Bank
The Home Owners' Loan Act of 1933 and its implementing regulations preempted California's law requiring at least 2 percent interest payments on escrow accounts.
Civil Procedure 9th Sep. 23, 2020
People v. Superior Court (Reagan)
District Attorney filed its Civil Procedure Section 170.6 motion more than ten days after notice of the assignment; thus, the peremptory challenge was untimely.
Civil Procedure 2DCA/5 Sep. 21, 2020
Parkford Owners for a Better Community v. County of Placer
Completion of challenged expansion rendered moot plaintiff's challenge to County's issuance of building permit authorizing construction of expansion.
Civil Procedure 3DCA Sep. 17, 2020
Nealy v. County of Orange
Trial court properly sustained the demurrer on the grounds that County was immune from liability under Government Code Section 831.4.
Civil Procedure 4DCA/3 Sep. 16, 2020
Brue v. Shabaab
Trial court lacked personal jurisdiction over defendant because plaintiffs did not allege contacts between defendant and California sufficient to warrant the exercise of general or specific personal jurisdiction.
Civil Procedure 2DCA/7 Sep. 16, 2020
In re Volkswagen Clean Diesel Litigation
District court had authority to, and did, approve an amendment to parties' settlement agreement; thus, the amendment excluding claimants from the settlement agreement was enforceable.
Civil Procedure 9th Sep. 11, 2020
Aljabban v. Fontana Indoor Swap Meet, Inc.
Commercial landlords may not use a security deposit for repairs after a tenant vacates, unless specifically stated in the lease.
Civil Procedure 4DCA/1 Sep. 11, 2020
Modification: Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion.
Civil Procedure 2DCA/7 Sep. 11, 2020
Modification: Buskirk v. Buskirk
Trial court erred by dismissing family dispute over trust for want of personal jurisdiction because trust had ample connections to California.
Civil Procedure 2DCA/8 Sep. 10, 2020
Amended Opinion: Marshall v. Webster
Plaintiffs' notice of appeal from anti-SLAPP order was untimely; thus, court lacked jurisdiction to consider the appeal.
Civil Procedure 3DCA Sep. 9, 2020
Rowan v. Kirkpatrick
Defendant's appeal was untimely and her motion for reconsideration was not a valid motion that extended the time to appeal.
Civil Procedure 1DCA/3 Sep. 9, 2020
Salter v. Quality Carriers
Defendant seeking removal under Class Action Fairness Act is not required to present evidence in support of its jurisdictional allegations when plaintiff asserts facial challenge to notice of removal.
Civil Procedure 9th Sep. 9, 2020
Marshall v. Webster
Plaintiffs' notice of appeal from anti-SLAPP order was untimely; thus, court lacked jurisdiction to consider the appeal.
Civil Procedure 3DCA Aug. 31, 2020
Eisenberg Village v. Suffolk Construction Co., Inc.
One-year statute of limitation under California Code of Civil Procedure Section 340(a) applies to disgorgement claims brought under Business and Professions Code Section 7031(b).
Civil Procedure 2DCA/4 Aug. 28, 2020
Thurston v. Fairfield Collectibles of Georgia, LLC
Under California case law, substantial sales of goods or services to California residents via one's own website constitutes purposeful availment.
Civil Procedure 4DCA/2 Aug. 28, 2020
Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion.
Civil Procedure 2DCA/7 Aug. 27, 2020
Starks v. Vortex Industries
Trial court did not abuse its discretion when it determined that motion to intervene in nearly identical action after entry of judgment was untimely.
Civil Procedure 2DCA/1 Aug. 27, 2020
Global Commodities Trading Group v. Beneficio De Arroz Choloma
Plaintiff made a prima facie showing that defendant reached out beyond Honduras to create continuing relationships and obligations with citizens of California.
Civil Procedure 9th Aug. 27, 2020
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 Aug. 26, 2020
Guenther v. Lockheed Martin
Plaintiff's claim of breach of fiduciary duty in violation of Employee Retirement Income Security Act was time-barred under 29 U.S.C. Section 1113(2).
Civil Procedure 9th Aug. 26, 2020