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McCleery v. Allstate Ins. Co.
Plaintiffs' trial plan was properly rejected because it failed to address means to fairly establish defendants' liability on a class-wide basis as to any claim. 		Civil Procedure 2DCA/1 Jul. 17, 2019
Primo Hospitality Group, Inc. v. Haney
Counsel had not yet presented complaint to the court, so service of notice of motion for sanctions under Code of Civil Procedure Section 128.7 was premature and sanctions were improper. 		Civil Procedure 2DCA/5 Jul. 9, 2019
Newstart Real Estate Investment LLC v. Huang
Grant of partial new trial on punitive damages vacated judgment and made it unenforceable, so denial of plaintiff's attempts to enforce full judgment including punitive damages was not improper. 		Civil Procedure 2DCA/8 Jul. 8, 2019
Sweetwater Union HS Dist. v. Julian Union Elementary Sch.
Petitioner satisfied Code of Civil Procedure Section 1021.5 criteria justifying the trial court's attorney fee award, and was considered a prevailing party for fee award purposes. 		Civil Procedure 4DCA/1 Jul. 1, 2019
Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request. 		Civil Procedure 4DCA/3 Jun. 28, 2019
Samsky v. State Farm Mutual Automobile Ins. Co.
Appellant satisfied requirements of Code of Civil Procedure Section 2033.420(a) and respondent failed to meet exceptions under Section 2033.420(b), so appellant was entitled to costs of proof under Section 2033.420(a). 		Civil Procedure 2DCA/8 Jun. 28, 2019
Modification: Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request. 		Civil Procedure 4DCA/3 Jun. 28, 2019
Modification: Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action. 		Civil Procedure 1DCA/3 Jun. 25, 2019
PDR Network, LLC v. Carlton Harris Chiropractic, Inc.
The extent to which a 2006 Federal Communications Commission order interpreting the term 'unsolicited advertisement' binds lower courts may depend on the resolution of two preliminary questions; thus, matter remanded. 		Civil Procedure USSC Jun. 24, 2019
Moss v. Duncan
Two-year statute of limitations on professional negligence claim ran upon actual injury, which occurred when plaintiff and Franchise Tax Board settled, rather than its notice of proposed assessment. 		Civil Procedure 4DCA/1 Jun. 21, 2019
Pearl v. City of Los Angeles
Conditional order granting new trial motion unless plaintiff accepted reduction in damages was proper because trial court acted as independent factfinder and determined the amount of damages that was fair and reasonable. 		Civil Procedure 2DCA/7 Jun. 20, 2019
Hanna v. Mercedes-Benz USA
Trial court erred in awarding attorney fees based on percentage-based contingency fee provision in retainer agreement between plaintiff and her counsel rather than using lodestar figure as its starting point. 		Civil Procedure 2DCA/7 Jun. 20, 2019
Tanguilig v. Valdez
Under Section 15657.03 (b)(4)(A) of Elder Abuse Act, elder may seek restraining order to not only protect himself but also members of his family; thus, trial court's extension of restraining order affirmed. 		Civil Procedure 1DCA/2 Jun. 20, 2019
Orozco v. WPV San Jose, LLC
When a contract is obtained by fraud, a party is entitled to rescission even if they do not suffer individual pecuniary damages. 		Civil Procedure 6DCA Jun. 19, 2019
Virginia House of Delegates v. Bethune-Hill
Virginia House of Delegates lacked standing to appeal district court's order because it had no authority or responsibility to litigate the State's interests and lacked standing in its own right. 		Civil Procedure USSC Jun. 18, 2019
United Grand Corp. v. Malibu Hillbillies, LLC
Appellant's briefs generally lacked cogent legal argument, legal authority, and proper citations, and sufficient evidence supported the judgment and order of dismissal based on joint misconduct by attorney and client. 		Civil Procedure 2DCA/8 Jun. 14, 2019
Modification: Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding. 		Civil Procedure 4DCA/3 Jun. 14, 2019
Lasalle v. Vogel
Trial judge abused discretion in denying appellant's motion to set-aside default judgment; any doubts in applying Code of Civil Procedure Section 473 must be resolved in favor of party seeking relief from default. 		Civil Procedure 4DCA/3 Jun. 13, 2019
Wertheim, LLC v. Currency Corporation
Judgment is not satisfied for purposes of postjudgment enforcement costs pursuant to Code of Civil Procedure Section 685.080 until judgment creditor has been paid; thus, motion for postjudgment costs was timely. 		Civil Procedure 2DCA/1 Jun. 10, 2019
In Re Hyundai and Kia Fuel Economy Litigation
District court did not abuse its discretion in finding that common issues predominated because class members were exposed to uniform fuel-economy misrepresentations and suffered identical injuries within only small range of damages. 		Civil Procedure 9th Jun. 7, 2019
National Abortion Federation v. Center for Medical Progress
Court lacked jurisdiction to hear consolidated appeals from district court order holding appellants in civil contempt for violating court's preliminary injunction because no final judgment had been entered. 		Civil Procedure 9th Jun. 6, 2019
NEI Contracting and Engineering v. Hanson Aggregates
Because class representative was found to lack standing, trial court did not abuse its discretion in decertifying class and plaintiff waived standing determination by failing to challenge that determination. 		Civil Procedure 9th Jun. 6, 2019
Center for Biological Diversity v. USFS
Plaintiffs established injury in fact, causation, and that a ruling in their favor would require defendant to mitigate particular the harms alleged, thus presenting a justiciable dispute. 		Civil Procedure 9th Jun. 3, 2019
Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding. 		Civil Procedure 4DCA/3 May 31, 2019
Singh v. American Honda Finance Corp.
Despite the Class Action Fairness Act's home state exception to removal applying, appellant's voluntary amendment adding a federal claim cured that jurisdictional defect and circumstances weighed against dismissal and remand. 		Civil Procedure 9th May 31, 2019
City of Albany v. CH2M Hill
An agreement limiting venue for litigation to a particular county unambiguously prohibits litigation in federal court when there is no federal courthouse located in the designated county. 		Civil Procedure 9th May 30, 2019
Home Depot U. S. A., Inc. v. Jackson
Neither 28 U.S.C. Section 1441(a) nor Section 1453(b) allows a third-party counterclaim defendant to remove a class-action counterclaim from state to federal court. 		Civil Procedure USSC May 29, 2019
Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action. 		Civil Procedure 1DCA/3 May 28, 2019
Dane-Elec Corp. v. Bodokh
Prevailing party in nonpayment of wages action could not recover attorney fees despite the wage claim's overlap with a breach of contract claim for which fees were also incurred. 		Civil Procedure 4DCA/3 May 28, 2019
Shalabi v. City of Fontana
If minor has 42 U.S.C. Section 1983 cause of action, statute of limitations begins to run on minor's 18th birthday; thus, trial court erred in finding that plaintiff's complaint was time barred. 		Civil Procedure 4DCA/2 May 23, 2019
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