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Hernandez v. FCA US LLC
Mandatory relief under Code of Civil Procedure Section 473(b) does not encompass dismissals resulting from parties reaching full settlement.
Civil Procedure 2DCA/8 Jun. 15, 2020
Farina v. SAVWCL III, LLC
Defendants did not purposefully avail themselves to California forum's benefits because they did not know their actions were somehow connected to California.
Civil Procedure 2DCA/8 Jun. 12, 2020
DeHoyos v. Superior Court (People)
Trial court impermissibly refused to allow contact with jurors who agreed to speak to defendant's representatives in the past.
Civil Procedure 4DCA/3 Jun. 10, 2020
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 Jun. 10, 2020
Williams v. U.S. Bancorp Investments, Inc.
Collateral estoppel does not bar absent member in putative class that was initially certified, but later decertified, from subsequently pursuing identical class action.
Civil Procedure 1DCA/4 Jun. 10, 2020
Modification: Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue.
Civil Procedure 2DCA/8 Jun. 8, 2020
Doe v. Marten
Plaintiff's medical malpractice claim was not time-barred because defendant's conduct actually and reasonably induced plaintiff to refrain from filing timely action.
Civil Procedure 1DCA/3 Jun. 8, 2020
Brady v. AutoZone Stores
When class representative voluntarily settles his individual claims, he must do more than expressly leave class claims unresolved to avoid mootness.
Civil Procedure 9th Jun. 4, 2020
The California Gun Rights Foundation v. Superior Court (Dept. of Justice)
CPRA Section 6259 does not limit jurisdiction over CPRA dispute to superior court of county where disputed records are located.
Civil Procedure 2DCA/3 Jun. 3, 2020
McGee v. Torrance Unified School District
Completion of public works project moots challenges to validity of contracts under which project was carried out.
Civil Procedure 2DCA/8 Jun. 3, 2020
Kon v. City of Los Angeles
Plaintiff's conviction of disturbing the peace did not bar his suit for excessive force, because there was no inconsistency between the two cases.
Civil Procedure 2DCA/8 Jun. 3, 2020
Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue.
Civil Procedure 2DCA/8 Jun. 1, 2020
Eloquence Corp. v. Home Consignment Center
Claims based on breaching divisible contracts must be brought within the applicable limitations period after that particular performance was due.
Civil Procedure 1DCA/3 Jun. 1, 2020
County of San Mateo v. Chevron Corp.
Defendants could not invoke federal-officer removal statute because they failed to show they were acting 'under color of federal office.'
Civil Procedure 9th May 27, 2020
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 May 27, 2020
Modification: Pott v. Lazarin
Civil Code Section 3344.1 prohibits only commercial speech and does not extend to solicitation of funds for advocacy.
Civil Procedure 6DCA May 22, 2020
Carlsbad Police Officers Assn. v. City of Carlsbad
Trial court abused its discretion in conditioning intervention on interveners striking their request for attorney's fees because they intervened as of right.
Civil Procedure 4DCA/1 May 20, 2020
Six4Three, LLC v. Facebook, Inc.
No statutory provision, or 'sealing rules' authorizes appeal from order striking documents; thus, portion of court's order striking documents was not appealable.
Civil Procedure 1DCA/4 May 20, 2020
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.
Claim preclusion generally does not bar claims predicated on events that postdate the filing of the initial complaint.
Civil Procedure USSC May 15, 2020
Adams v. West Marine Products
District court reasonably inferred from facts in evidence that it was more likely than not that more than one-third of class members were California citizens.
Civil Procedure 9th May 14, 2020
Perez v. Mortgage Electronic Registration Systems Inc.
California law does not permit preemptive actions to challenge foreclosing party's authority to foreclose on borrower's property before any nonjudicial foreclosure has taken place.
Civil Procedure 9th May 12, 2020
Galeotti v. International Union of Operating Engineers
Plaintiff properly alleged that termination was in violation of public policy because threat of losing his job if he failed to pay defendants was extortion.
Civil Procedure 1DCA/5 May 8, 2020
Nelson v. Tucker Ellis, LLP
Plaintiff's legal theories were soundly rejected by this court's decision, which is law of the case, and regardless, litigation privilege served as complete bar to his claims.
Civil Procedure 1DCA/3 May 7, 2020
Hiona v. Superior Court (2154 Taylor LLC)
Under Code of Civil Procedure Section 403.040(e), the superior court was not required to reclassify claims as limited under the circumstances.
Civil Procedure 1DCA/5 May 7, 2020
Lopez v. Escamilla
Judgments may be amended to add alter ego defendants either by a subsequent complaint or motion in the original action.
Civil Procedure 2DCA/6 May 6, 2020
Modification: People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order.
Civil Procedure 2DCA/2 May 4, 2020
Huang v. Wells Fargo Bank, N.A.
Notice of trustee's sale posted on plaintiff's property did not disturb their possession sufficiently to start the running of the statute of limitation to bar quiet title action.
Civil Procedure 1DCA/3 May 1, 2020
Nationwide Biweekly Administration, Inc. v. Superior Court (People)
Causes of actions under the Unfair Competition Law and False Advertising Law seeking injunctive relief and civil penalties have no right to a jury trial because 'the gist of the actions' are equitable.
Civil Procedure CASC May 1, 2020
Mikhaeilpoor v. BMW of North America, LLC
Trial court did not abuse its discretion in applying the lodestar method because its findings were supported by substantial evidence.
Civil Procedure 2DCA/1 Apr. 28, 2020
LN Management v. JPMorgan Chase Bank
Dead person was not proper person to be sued because the dead lack capacities that litigants must have to allow for a true Article III case or controversy.
Civil Procedure 9th Apr. 27, 2020