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Colombo v. Kinkle, Rodiger & Spriggs
Res judicata barred vexatious litigant's second request to file the same claims against the same defendants after a determination on the merits was made denying the first request.
Civil Procedure 4DCA/3 May 20, 2019
Global Financial Distributors v. Superior Court
Trial court erroneously ruled defendants' forum non conveniens motion was untimely solely because it was filed after defendants made a general appearance.
Civil Procedure 2DCA/7 May 15, 2019
Le Mere v. Los Angeles Unified School Dist.
Appellant's failure to comply with the Government Claims Act barred the cause of action alleging violations of Labor Code Section 1102.5.
Civil Procedure 2DCA/8 May 15, 2019
Switzer v. Wood
Jury's specific and unequivocal finding of each factual element necessary to establish a violation of Penal Code Section 496(a) entitled prevailing party to treble damages under Section 496(c).
Civil Procedure 5DCA May 14, 2019
Corrinet v. Bardy
Trial court abused discretion by dismissing case for failure to prosecute despite plaintiff's participation in discovery and attestation of readiness to try the case with trial one month away.
Civil Procedure 1DCA/4 May 10, 2019
Cohen v. Kabbalah Centre International
Summary adjudication was improper on one of plaintiff's breach of contract claims because alleged details of the oral contract did not conflict with her previous allegations or statements.
Civil Procedure 2DCA/8 May 9, 2019
Wojciechowski v. Kohlberg Ventures
Parties in prior bankruptcy proceeding did not intend settlement to extend to subsequent claims; thus, claim preclusion did not bar plaintiff's Worker Adjustment and Retraining Notification Act claim.
Civil Procedure 9th May 9, 2019
In Re Boon Global Ltd.
District court erred in summarily concluding that it had jurisdiction over third parties to compel arbitration, but it did not commit clear error; thus, writ of mandamus petition denied.
Civil Procedure 9th May 6, 2019
McFadden v. L.A. County Treasurer
Appellant's new argument in her fourth complaint against the City regarding condemnation and demolition of her property was barred by res judicata; thus, appeal was dismissed.
Civil Procedure 2DCA/1 May 3, 2019
Media Rights Technologies v. Microsoft
Claims arising from common nucleus of operative fact with claims in a prior action against the same defendant were barred by claim preclusion, but post-filing copyright infringement claims were not.
Civil Procedure 9th May 3, 2019
B.K. v. Snyder
Where court can assess 'statewide policies and practices' as to Arizona's care of foster children, general class of foster children claiming due process violations suitable for certification.
Civil Procedure 9th Apr. 29, 2019
NTCH-WA, Inc. v. ZTE Corporation
Preclusive effects of a prior federal diversity judgment confirming an arbitration award are determined by reference to the law of the state where the rendering court sat.
Civil Procedure 9th Apr. 26, 2019
Western Watersheds Project v. Grimm
Plaintiffs alleging procedural injury need only show they have a procedural right that, if exercised, even if only on a temporary basis, could protect their concrete interests.
Civil Procedure 9th Apr. 24, 2019
Du-All Safety, LLC v. Superior Court
Defendant had right to supplement its expert witness exchange by adding experts to cover subjects on which other party indicated it planned to offer expert testimony; thus, trial court erred.
Civil Procedure 1DCA/2 Apr. 22, 2019
Cox v. Griffin
Appellant barred from adding theory of malicious prosecution on appeal because it was not litigated in the trial court, and the facts presented at trial were conflicting rather than undisputed.
Civil Procedure 4DCA/1 Apr. 18, 2019
U.S. v. Lozoya
Assault on commercial flight occurred before entering Central District of California's airspace and 18 U.S.C. Section 3237(a) pertains to offenses involving transportation in interstate commerce or foreign commerce; thus, venue was improper.
Civil Procedure 9th Apr. 12, 2019
Modification: Long v. Forty-Niners Football Co., LLC
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court.
Civil Procedure 1DCA/4 Apr. 10, 2019
Stokes v. Muschinske
Trial court could have reasonably inferred that juror's failure to disclose two prior lawsuits he was involved in was unintentional; there were no substantive hearings and no indication he was actively involved.
Civil Procedure 2DCA/8 Apr. 10, 2019
Demarest v. HSBC Bank USA
Because trustee of traditional trust was sued in its own name, its citizenship was all that mattered for diversity purposes and not citizenship of trust's investors; thus, diversity jurisdiction was proper.
Civil Procedure 9th Apr. 9, 2019
Ryze Claim Solutions LLC v. Superior Court
Forum selection clauses may be given effect, in the court's discretion and in the absence of a showing that enforcement of a given clause would be unfair and unreasonable.
Civil Procedure 1DCA/3 Apr. 5, 2019
Friends of Spring Street v. Nevada City
Trial court erroneously determined plaintiff was not successful at a practical level, and abused its discretion finding plaintiff did not enforce an important right affecting public interests.
Civil Procedure 3DCA Apr. 5, 2019
Modification: Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void.
Civil Procedure 2DCA/2 Apr. 5, 2019
Rel v. Pacific Bell Mobile Services
The death knell doctrine does not apply to a pretrial order that does not qualify as a trial for Code of Civil Procedure Section 583.310 purposes.
Civil Procedure 1DCA/5 Apr. 2, 2019
Mesa RHF Partners v. City of Los Angeles
Under Code of Civil Procedure Section 664.6 court may retain jurisdiction to enforce settlement if request is made by parties themselves; thus, trial court was without jurisdiction when counsel made such request.
Civil Procedure 2DCA/1 Apr. 2, 2019
Chen v. Berenjian
Litigation privilege does not extend to levying on property pursuant to a scheme to defeat a creditor's rights, violating the Uniform Voidable Transactions Act, because such conduct is not communicative.
Civil Procedure 4DCA/3 Apr. 1, 2019
Last Frontier Healthcare Dist. v. Superior Ct.
Giving notice of intent to sue under Code of Civil Procedure Section 364 does not impact jurisdictional deadlines underlying an application for relief from the Government Claims Act.
Civil Procedure 3DCA Mar. 28, 2019
Long v. Forty Niners Football Co.
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court.
Civil Procedure 1DCA/4 Mar. 28, 2019
Zakk v. Diesel
An amended complaint consistent with a previous complaint's allegations of a specific contract, but omitting allegations of an overarching contract between the parties, was not a sham pleading.
Civil Procedure 2DCA/4 Mar. 27, 2019
Republic of Sudan v. Harrison
When serving civil process on a foreign state under the Foreign Sovereign Immunities Act, 28 U.S.C. Section 1608(a)(3) requires mailing directly to the foreign minister's office in the foreign state.
Civil Procedure USSC Mar. 27, 2019
CA Dept. of Finance v. City of Merced
A party who fails to plead affirmative defenses in its initial answer waives those defenses; thus, the trial court properly declined consideration of the validity of the merits.
Civil Procedure 3DCA Mar. 26, 2019