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U.S. v. Obaid
District court correctly denied appellant's motion to dismiss for lack of personal jurisdiction because forfeiture of property was the subject of the action.
Civil Procedure 9th Aug. 25, 2020
Namisnak v. Uber Technologies
When plaintiffs who are disabled have actual knowledge of illegal barriers at public accommodation to which they desire access, they need not engage in 'futile gesture' of attempting to gain access.
Civil Procedure 9th Aug. 25, 2020
Amended Opinion: Canela v. Costco
Private Attorney General Act claim is fundamentally different from class action and thus cannot be the basis for Class Action Fairness Act claim.
Civil Procedure 9th Aug. 24, 2020
Hanna v. Little League Baseball
Trial court did not have authority to rule on defendant's discovery motions imposing sanctions against plaintiff once defendant filed its motion requiring plaintiff to furnish security.
Civil Procedure 4DCA/2 Aug. 21, 2020
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 Aug. 19, 2020
Felisilda v. FCA US LLC
Because plaintiffs expressly agreed to arbitrate claims arising out of condition of vehicle, they were estopped from refusing to arbitrate their claim against nonsignatory manufacturer.
Civil Procedure 3DCA Aug. 19, 2020
In re Internet Lending Cases
Court appropriately assessed whether defendant was entitled to tribal sovereign immunity based on circumstances at the time of its motion to dismiss hearing, rather than at the time of the filing of complaint.
Civil Procedure 1DCA/3 Aug. 19, 2020
T.A.W. Performance v. Brembo, S.P.A.
Trial court properly granted defendant's motion to quash service of summons for lack of personal jurisdiction.
Civil Procedure 1DCA/3 Aug. 19, 2020
AMA Multimedia v. Wanat
District court correctly found it lacked specific jurisdiction over foreign citizen defendant because plaintiff had not shown that defendant purposefully directed his suit-related conduct at U.S.
Civil Procedure 9th Aug. 18, 2020
Arnold v. Dignity Health
Fair Employment and Housing Act discrimination claims cannot survive summary judgment without evidence disputing creditable showing of innocent motive.
Civil Procedure 3DCA Aug. 17, 2020
Henry v. Adventist Health Castle Medical Center
Employment relationship under Title VII required more than surgeon's high skill level, hospital's provision of assistants and medical equipment, and its mandatory professional standards.
Civil Procedure 9th Aug. 17, 2020
Abdulkadhim v. Wu
Under the sudden emergency doctrine, the only relevant emergency was the one defendant faced, without considering if defendant created a dangerous situation for anyone else.
Civil Procedure 2DCA/1 Aug. 13, 2020
Amended Opinion: City of Oakland v. BP PLC
Fact-bound state law claims, such as for public nuisance, do not require interpretations of federal law for federal question jurisdiction.
Civil Procedure 9th Aug. 13, 2020
C.W. Johnson & Sons, Inc. v. Carpenter
Court may determine that there has been substantial compliance with licensure requirements if it is shown at evidentiary hearing that contractor acted reasonably and in good faith to maintain proper licensure.
Civil Procedure 2DCA/6 Aug. 12, 2020
Archer v. Coinbase, Inc.
Plaintiff's breach of contract claim failed because plaintiff did not establish existence of an agreement with Coinbase to provide Bitcoin Gold to him.
Civil Procedure 1DCA/1 Aug. 12, 2020
Oh v. Teachers Insurance & Annuity Assn. of America
Landowner owed no duty to decedent because it had no knowledge of dangerousness of product, which was stored in drums that did not disclose it was hazardous.
Civil Procedure 2DCA/8 Aug. 10, 2020
U.S. v. U.S. ex rel Thrower
Interests implicated by erroneous denial of government motion to dismiss False Claims Act case in which it has not intervened were insufficiently important to justify immediate appeal.
Civil Procedure 9th Aug. 5, 2020
Hanson v. Shubert
Defendants could not use their motion for reconsideration, filed nearly one year after underlying order, to resurrect their right to appeal district court's order denying them qualified immunity.
Civil Procedure 9th Aug. 5, 2020
Tobler v. Sables LLC
Request for judicial relief under Nevada's Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender's conduct in foreclosure mediation process.
Civil Procedure 9th Aug. 5, 2020
Davidson v. O'Reilly Auto Enterprises
District court did not abuse its discretion by requiring plaintiff to meet deadline for filing her motion for class certification while granting her additional month to develop evidence and submit supplemental brief.
Civil Procedure 9th Aug. 4, 2020
Steciw v. Petra Geosciences, Inc
Trial court's dismissal plaintiff's complaint for untimely service was reversed and remanded because court's order to stay proceedings likely affected service.
Civil Procedure 4DCA/3 Jul. 31, 2020
Judd v. Weinstein
California Civil Code Section 51.9 encompasses relationships where one party is uniquely situated to exercise coercive power over other.
Civil Procedure 9th Jul. 30, 2020
Reeder v. Specialized Loan Servicing LLC
Subsequent agreements to modify contracts subject to the statute of frauds are also subject to the statute of frauds.
Civil Procedure 2DCA/8 Jul. 30, 2020
Alston v. Dawe
If party's lack of culpability on disputed issue was decided on the merits, dismissal of subsequent case on collateral estoppel grounds qualifies as favorable termination for purposes of later malicious prosecution claim.
Civil Procedure 4DCA/3 Jul. 29, 2020
Floyd v. American Honda Motor Co.
Plaintiffs did not need to allege supplemental jurisdiction for their state-law claims under CAFA since they had already alleged original jurisdiction over entire action.
Civil Procedure 9th Jul. 29, 2020
Storm v. The Standard Fire Insurance Co.
Policy language that each party will pay expenses it incurs in arbitration and bear expenses of arbitrator equally, did not preclude recovery under Code of Civil Procedure Section 998.
Civil Procedure 2DCA/4 Jul. 28, 2020
In re Grand Jury Investigation, USAO No. 2018R01761
Appellate courts may only entertain interlocutory appeals from orders enforcing grand jury subpoenas when they require production of materials that are claimed to be privileged or otherwise legally protected from disclosure.
Civil Procedure 9th Jul. 28, 2020
Moreno v. California State Teachers' Retirement System
CalSTRS's adjustments to plaintiff's retirement benefits and collection of overpayments were not barred by statute of limitations because CalSTRS did not have inquiry notice.
Civil Procedure 3DCA Jul. 23, 2020
Modification: Estes v. Eaton Corp.
Trial courts must specifically explain grounds and particular reasons for granting new trial, in order to facilitate and effectuate appellate review.
Civil Procedure 1DCA/2 Jul. 22, 2020
Jabbari v. Farmer
Courts may forego choice-of-law analysis in settlement-class predominance inquiry especially where class was unified by claim under federal law.
Civil Procedure 9th Jul. 21, 2020