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Altizer v. Highsmith
Renewing judgment using judicial council forms does not constitute unauthorized practice of law.
Civil Procedure 1DCA/2 Jul. 20, 2020
Weiss v. People ex rel. Dept. of Transportation
Special statutory procedures that govern public entity's exercise of power of eminent domain are inapplicable in inverse condemnation actions, which instead proceed by rules governing ordinary civil actions.
Civil Procedure 4DCA/3 Jul. 17, 2020
Sky-Med v. FAA
Because Federal Aviation Administration ultimately pursued penalties through single Complaint seeking more than $50,000, the only tribunal with jurisdiction to adjudicate Complaint was federal district court.
Civil Procedure 9th Jul. 16, 2020
Greene v. Harley-Davidson
Defendant satisfies CAFA's amount-in-controversy requirement if it is reasonably possible that it may be liable for proffered punitive damages amount.
Civil Procedure 9th Jul. 15, 2020
Newsom v. Superior Court (Gallagher)
Successful ex partes require a party to make a substantive showing of personal knowledge of imminent harm requiring immediate action.
Civil Procedure 3DCA Jul. 14, 2020
City & County of San Francisco v. Barr
District court abused its discretion in granting nationwide injunctive relief barring Department of Justice from using three new conditions as funding requirements for Edward Byrne Memorial Justice Assistance Grants.
Civil Procedure 9th Jul. 14, 2020
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 Jul. 10, 2020
McAlpine v. Norman
An expert's bare conclusions, unsupported by reasons or explanations is insufficient to show one acted within the standard of care.
Civil Procedure 3DCA Jul. 9, 2020
Demartini v. Demartini
Defendants' appeal seeking review of order remanding claim back to state court was dismissed because remands pursuant to 28 U.S.C. Section 1447(e) are not discretionary and therefore not reviewable.
Civil Procedure 9th Jul. 7, 2020
Bayramoglu v. Nationstar Mortgage LLC
Although plaintiffs' discovery responses may have been improper and warranted motion to compel further responses, they were not equivalent of factually devoid discovery responses.
Civil Procedure 3DCA Jul. 6, 2020
Barriga v. 99 Cents Only Stores LLC
Trial court misunderstood its duty to carefully scrutinize declarations submitted by defendant in opposition to plaintiff's class certification motion for coercion and abuse.
Civil Procedure 4DCA/2 Jul. 2, 2020
Howard Jarvis Taxpayers Assn. v. Bay Area Toll Authority
Respondent did not enact the toll increase; it implemented the toll increase the Legislature enacted.
Civil Procedure 1DCA/2 Jul. 2, 2020
Adams v. Bank of America
Merely securing a loan on or listing property as an address does not satisfy Civil Code Section 2924.15's 'principal residence' requirement.
Civil Procedure 1DCA/3 Jul. 2, 2020
Alford v. County of Los Angeles
An agency must not add confusing information to required notice that could mislead affected parties about the timing for seeking judicial review.
Civil Procedure 2DCA/8 Jul. 2, 2020
Modification: Fadeeff v. State Farm General Insurance Co.
Under 'genuine dispute' rule, in context of bad faith claims, summary judgment is only appropriate where basis for insurer's denial is indisputably reasonable.
Civil Procedure 1DCA/2 Jul. 2, 2020
Honchariw v. County of Stanislaus
Misinterpretation claims are distinct and accrue at a different time from claims challenging the validity of a condition of approval.
Civil Procedure 5DCA Jul. 1, 2020
Eghtesad v. State Farm General Insurance Company
Denial of leave to amend constitutes an abuse of discretion, unless the complaint on its face is incapable of amendment.
Civil Procedure 1DCA/2 Jul. 1, 2020
Yost v. Forestiere
Trial court's order denying grandfather's request for modification of stay away order was 'not an exercise of informed discretion and is subject to reversal.'
Civil Procedure 5DCA Jul. 1, 2020
John Doe v. The Regents of the University of California
A lawsuit that forces an entity to follow its own rules can confer a significant benefit for attorney fees purposes under Code of Civil Procedure Section 1021.5.
Civil Procedure 2DCA/6 Jul. 1, 2020
Hill RHF Housing Partners, L.P. v. City of Los Angeles
Appellants were required to exhaust their administrative remedies before seeking judicial intervention and failed to do so.
Civil Procedure 2DCA/1 Jul. 1, 2020
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. 1, 2020
Wittenberg v. Bornstein
Parties cannot by negligence or design withhold issues or defenses and litigate them in successive actions in order to submit cases in piecemeal fashion.
Civil Procedure 1DCA/3 Jul. 1, 2020
Saint Francis Memorial Hospital v. State Dept. of Public Health
Equitable tolling may apply to time allotted to seek judicial review of an adjudicatory decision by writ of administrative mandate under Government Code Section 11523.
Civil Procedure CASC Jun. 30, 2020
Oliver v. Konica Minolta Business Solutions U.S.A., Inc.
Triable issues existed regarding whether service technicians' commute in their personal vehicles constituted hours worked; thus, summary adjudication should not have been granted in defendant's favor.
Civil Procedure 6DCA Jun. 25, 2020
Airs Aromatics, LLC v. CBL Data Recovery Technologies Inc.
New York law was properly applied to the calculation of prejudgment interest based on choice-of-law provision in parties' agreement.
Civil Procedure 4DCA/1 Jun. 23, 2020
Davis v. Superior Court (Sathre)
Trial court violated California Rules of Court by not ensuring complete record of proceedings and prohibiting indigent plaintiff from appearing telephonically.
Civil Procedure 2DCA/7 Jun. 17, 2020
Pacifica First National, Inc. v. Abekasis
Movants to set aside defaults based on improper service have burden to prove apparently-proper document was invalid.
Civil Procedure 2DCA/8 Jun. 17, 2020
AIDS Healthcare Foundation v. City of Los Angeles
Trial court correctly found plaintiff could not assert cause of action under FHA and FEHA based on its alleged disparate-impact theory of liability.
Civil Procedure 2DCA/3 Jun. 17, 2020
Segal v. ASICS America Corp.
Plaintiffs did not show trial court abused its discretion in granting in part and denying in part their motion to tax costs.
Civil Procedure 2DCA/4 Jun. 17, 2020
State Compensation Insurance Fund v. ReadyLink Healthcare, Inc.
Res judicata is inapplicable to actions where prior administrative and judicial proceedings did not decide the issues raised.
Civil Procedure 4DCA/1 Jun. 16, 2020