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Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano
Puerto Rico court issued payment order after proceeding was removed to federal district court, but before federal court remanded back to Puerto Rico court; thus, Puerto Rico court lacked jurisdiction.
Civil Procedure USSC Feb. 25, 2020
Ross v. Williams
Claims in petitioner's amended petition that share core operative facts in common with those in his original petition related back to original petition and should not have been dismissed.
Civil Procedure 9th Feb. 25, 2020
Zehia v. Superior Court (Nadhir)
Court properly exercised personal jurisdiction over nonresident defendant who sent electronic California-focused messages directly to California residents to interfere with California residents' relationship.
Civil Procedure 4DCA/1 Feb. 24, 2020
Wanke, Industrial, Commercial, Residential Inc. v. AV Builder Corp.
Under the creditor's suit statute, judgment debtors do not require present capacity to collect against a third person despite the original debtor's capacity to collect.
Civil Procedure 4DCA/1 Feb. 21, 2020
Gulf Offshore Logistics, LLC v. Superior Court (Norris)
Louisiana law, rather than California law, applied where non-California residents working in California's territorial waters alleged violations of California state wage and hour laws against employers.
Civil Procedure 2DCA/6 Feb. 20, 2020
Dumas v. L.A. County Bd. of Supervisors
A determination by the court that a meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.
Civil Procedure 2DCA/4 Feb. 20, 2020
Torres v. Design Group Facility Solutions, Inc.
A party unsuccessfully moving for summary judgment cannot then circumvent Code of Civil Procedure Section 437c requirements by subsequently moving for reconsideration under Section 1008(a).
Civil Procedure 2DCA/3 Feb. 18, 2020
George v. Shams-Shirazi
California Rules of Court 3.1702(b)'s filing deadline does not apply to postjudgment claims for attorney fees awarded under Family Code Section 271.
Civil Procedure 1DCA/1 Feb. 13, 2020
State Water Resources Control Bd. v. Baldwin & Sons, Inc.
An administrative agency charged with seeing that the laws are enforced may have and exercise powers of original inquiry.
Civil Procedure 4DCA/1 Feb. 12, 2020
Downey v. Public Storage, Inc.
Trial court did not abuse its discretion in denying class certification under Unfair Competition Law where consumers were allegedly deceived by different advertising messages and platforms.
Civil Procedure 2DCA/2 Feb. 10, 2020
Grande v. Eisenhower Medical Center
Preclusion under res judicata is only appropriate if defendants in the original suit are in privity with defendants in the subsequent suit.
Civil Procedure 4DCA/2 Feb. 10, 2020
Vargas v. Howell
A significant reduction in attorney's fees requires a thorough explanation; thus, trial court did not adequately justify the dramatic cut that it imposed.
Civil Procedure 9th Feb. 6, 2020
S.F. Print Media Co. v. The Hearst Corp.
Experts testifying in court may not opine on an issue by using another expert's unrelated methodology without providing further foundation for the conclusion.
Civil Procedure 1DCA/3 Feb. 4, 2020
Pacific Pioneer Ins. Co. v. Superior Court
Insurers may appeal default judgments in small claims court entered against their clients who failed to appear in court under Code of Civil Procedure Section 116.710.
Civil Procedure 4DCA/3 Feb. 3, 2020
K.J. v. Los Angeles Unified School District
In notices of appeal, an omitted attorney must be included when it is reasonably clear that the attorney intended to join in the appeal, and respondent was not prejudiced by omission.
Civil Procedure CASC Jan. 31, 2020
Fenimore v. The Regents of the University of California
Lower court relied on incorrect dates when it denied plaintiff's motion to amend since complaint was filed within the statue-governed two year limitation.
Civil Procedure 2DCA/8 Jan. 29, 2020
Hensel Phelps Construction Co. v. Superior Court
Parties to construction contract may not contractually determine when statute of limitations begins to run under Civil Code Section 941 because statute's date of 'substantial completion' is an objective fact.
Civil Procedure 4DCA/1 Jan. 24, 2020
Heimrich v. U.S. Dept. of the Army
Under 5 U.S.C. Section 7121, an employee may raise a 'matter' involving discrimination either through a statutory procedure or CBA procedure, but not both.
Civil Procedure 9th Jan. 17, 2020
In Re: Williams-Sonoma Inc.
Seeking discovery of name of class member is not relevant within meaning of Federal Rule of Civil Procedure 26(b)(1); thus, district court clearly erred when it ordered the discovery in question.
Civil Procedure 9th Jan. 14, 2020
Blizzard Energy, Inc. v. Schaefers
Kansas Court of Appeals decision affirming jury's verdict against appellant moots his appeal based on res judicata principles.
Civil Procedure 2DCA/6 Jan. 14, 2020
Shayan v. Spine Care and Orthopedic Physicians
Where case tried on merits absent defendants may not avail themselves of statute that grants relief to clients of attorneys whose mistakes cause default judgments.
Civil Procedure 2DCA/8 Jan. 10, 2020
Warwick California Corp. v. Applied Underwriters
A Statement of Decision issued by the superior court is generally not a final judgment and thus not appealable; the losing party must wait until final judgment to appeal.
Civil Procedure 1DCA/4 Jan. 9, 2020
Dalessandro v. Mitchell
There is no requirement that a party meet and confer with an opposing party to alert the party to defects in discovery requests.
Civil Procedure 2DCA/8 Jan. 7, 2020
U.S. ex rel. Volkhoff v. Janssen Pharmaceutica
Courts will grant nonparty appeals only if the nonparty participates in district court proceedings and the equities of the case favor hearing an appeal.
Civil Procedure 9th Jan. 6, 2020
Halyard Health, Inc. v. Kimberly-Clark Corporation
A claim must relate to the defendant's contact with the forum in order for a California court to exercise specific personal jurisdiction; mere sales volume is not enough.
Civil Procedure California Courts of Appeal Jan. 6, 2020
U.S. v. Mayea-Pulido
Statute barring derivative citizenship from child under 18 unless both parents naturalize does not violate Equal Protection Clause.
Civil Procedure 9th Jan. 6, 2020
Safechuck v. MJJ Productions, Inc.
Plaintiffs may proceed with formerly lapsed sexual assault case against perpetrator's corporations because Penal Code Section 340 revived in 2020, extending victim's time to sue.
Civil Procedure 2DCA/8 Jan. 6, 2020
Becerra v. Dr Pepper/Seven Up
Dr. Pepper not in violation of Consumer Fraud by labeling sodas 'diet' because reasonable consumers understand 'diet' soda does not promise weight loss or health benefits.
Civil Procedure 9th Dec. 31, 2019
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
Court's findings in connection with plaintiffs' equitable claim for unfair competition resolved plaintiffs' legal claims because the alleged violations of the legal claims were subsumed within the UCL claim.
Civil Procedure 1DCA/4 Dec. 30, 2019
V.V.V. & Sons Edible Oils v. Meenakshi Overseas
The Trademark Trial and Appeal Board's jurisdiction is limited to registering trademarks; subsequent infringement claims are not barred by claim preclusion even if previously litigated before the TTAB.
Civil Procedure 9th Dec. 30, 2019