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Cardinal Care Management, LLC v. Afable
Trial court properly denied appellants' waiver of undertaking requirement because there were no witnesses to conduct in-camera showing of appellants' financial position.
Civil Procedure 1DCA/4 Apr. 22, 2020
Modification: Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them.
Civil Procedure 1DCA/3 Apr. 16, 2020
Nuno v. California State University, Bakersfield
Trial court failed to provide clear and understandable instructions to self-represented plaintiff that setting another case management conference did not extend deadline for filing amended complaint.
Civil Procedure 5DCA Apr. 15, 2020
Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them.
Civil Procedure 1DCA/3 Apr. 15, 2020
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 Apr. 10, 2020
Stirling v. Minasian
JAG attorney was entitled to remove case to federal court as a 'person acting under' an officer of the United States.
Civil Procedure 9th Apr. 9, 2020
Galaza v. Wolf
Because plaintiff voluntarily dismissed remaining claims without district court participation, decision was not final for purposes of conferring jurisdiction under 28 U.S.C. Section 1291.
Civil Procedure 9th Apr. 9, 2020
Tarin v. Lind
California law does not recognize abduction or enticement of parent away from child resulting in alienation of affection.
Civil Procedure 2DCA/1 Apr. 7, 2020
Rockefeller Technology v. Changzhou SinoType Technology
Hague Service Convention did not apply because parties' agreement constituted waiver of formal service of process under California law.
Civil Procedure CASC Apr. 3, 2020
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 Apr. 2, 2020
Lewis v. Liberty Mutual Insurance Co.
The provisions of the insurance contract that bind the insured will also bind a third-party judgment creditor.
Civil Procedure 9th Mar. 31, 2020
Modification: Siry Investment v. Farkhondehpour
Imposition of lesser sanctions is 'not an absolute prerequisite' to imposition of terminating sanctions for violation of court order.
Civil Procedure 2DCA/2 Mar. 25, 2020
Walker v. Life Insurance Company of the Southwest
The district court did not err in granting class certification order because the district court's reliance in 'Briseno' did not cause legal error.
Civil Procedure 9th Mar. 24, 2020
Fidelity National Home Warranty Company Cases
Trial court erred in failing to exclude 135 days from dismissal period following assignment of coordination motion judge to rule on petition to coordinate.
Civil Procedure 4DCA/1 Mar. 23, 2020
Coats v. New Haven Unified School Dist.
The new subdivision (q) in Section 340.1 of Code of Civil Procedure operated as revival provision for claim previously barred by presentation requirement.
Civil Procedure 1DCA/2 Mar. 16, 2020
Montoya v. Ford Motor Co.
Second class action against defendant did not toll plaintiff's claim's four-year statute of limitations.
Civil Procedure 4DCA/3 Mar. 16, 2020
Canyon Crest Conservancy v. County of Los Angeles
Appellant was not entitled to attorney fees under Code of Civil Procedure Section 1021.5 because litigation did not serve to vindicate any of the rights that appellant alleged were violated.
Civil Procedure 2DCA/4 Mar. 16, 2020
People ex rel. Becerra v. Shine
Refusing to reduce Attorney General's attorney fees was proper because Attorney General proved seven out of 19 allegations, successfully removed appellant as trustee, and proved appellant was grossly negligent.
Civil Procedure 1DCA/5 Mar. 13, 2020
Moofly Productions, LLC v. Favila
Cause of action for fraudulent transfer was not entitled to jury trial because it was essentially one in equity and relief sought depended upon application of equitable doctrines.
Civil Procedure 2DCA/1 Mar. 6, 2020
Brewer v. Remington
Granting summary judgment on statute of limitations grounds constituted an error of law because there were factual disputes about the statute-triggering injury.
Civil Procedure 5DCA Mar. 6, 2020
Siry Investment v. Farkhondehpour
Imposition of lesser sanctions is 'not an absolute prerequisite' to imposition of terminating sanctions for violation of court order.
Civil Procedure 2DCA/2 Mar. 5, 2020
Campbell v. St. John
Facebook settlement class members did not need to receive much for settlement to be fair because the class gave up very little.
Civil Procedure 9th Mar. 4, 2020
Textron v. Travelers Casualty and Surety Co.
Choice of law issues are generally unsuited for collateral estoppel because determinations of governing law are fact-based.
Civil Procedure 2DCA/4 Mar. 2, 2020
Hensel Phelps Construction Co. v. Dept. of Corrections and Rehabilitation
Under Public Contract Code Section 5110, a party cannot recover if a contract was invalidated for reasons that were even partly its own fault.
Civil Procedure 2DCA/5 Mar. 2, 2020
San Jose Neurospine v. Aetna Health of California Inc.
A coding mistake on a billing claim does not automatically excuse or terminate an insurer's duty to pay for emergency services that were actually provided.
Civil Procedure 2DCA/6 Mar. 2, 2020
Modification: Atwell Island Water Dist. v. Atwell Island Water Dist.
An election not held on the proper day is held without authority and is therefore void.
Civil Procedure 5DCA Mar. 2, 2020
Rodriguez v. FDIC
'Bob Richards' rule is not a legitimate exercise of federal common lawmaking and federal judges may only appropriately craft the rule in limited areas.
Civil Procedure USSC Feb. 27, 2020
Intel Corp. Investment Policy Comm. v. Sulyma
A plaintiff does not necessarily have 'actual knowledge' under 29 U.S.C. Section 1113(2) of information contained in disclosures that he receives but does not read or cannot recall reading.
Civil Procedure USSC Feb. 27, 2020
Atwell Island Water Dist. v. Atwell Island Water Dist.
An election not held on the proper day is held without authority and is therefore void.
Civil Procedure 5DCA Feb. 26, 2020
Marriage of Deal
Trial court's orders reaffirming legal determination first made in 2005 that petitioner is a 'vexatious litigant' was not void.
Civil Procedure 1DCA/3 Feb. 26, 2020