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Myers v. Raley's
Where trial court denies class certification in cursory order lacking substantive analysis, that lack of analysis 'is fatal' and requires remand for further review. 		Civil Procedure 3DCA Mar. 14, 2019
Shrewsbury Management, Inc. v. Superior Court
Discovery mechanisms in judgment debtor examination should be 'broadly construed;' subpoena duces tecum may issue to third parties other than those who control debtor's finances or property. 		Civil Procedure 6DCA Mar. 13, 2019
Centex Homes v. R-Help Construction Co., Inc.
When a claim alleges facts giving rise to a duty to defend under an indemnity agreement, the duty begins upon proper tender of defense as a matter of law. 		Civil Procedure 2DCA/6 Mar. 12, 2019
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 Mar. 11, 2019
Marriage of Wong
When all orders issued in a dispute would technically be postjudgment orders, injunctive orders are appealable and preliminary orders regarding discovery or joinder are not. 		Civil Procedure 4DCA/3 Mar. 11, 2019
Anderson v. State Farm
The thirty-day removal clock under Code of Civil Procedure Section 1446(b)(1) begins to run when the defendant, not a statutorily designated agent, receives the complaint. 		Civil Procedure 9th Mar. 11, 2019
Nutraceutical Corp. v. Lambert
Non-jurisdictional nature of Rule 23(f) does not render it appropriate for equitable tolling; since other rules clearly speak to firm nature of rule's 14-day deadline, court lacks jurisdiction to toll it. 		Civil Procedure USSC Feb. 27, 2019
Fierro v. Landry's Restaurant, Inc.
U.S. Supreme Court's 'China Agritech' rule precluding tolling of class claims pending class certification applicable to California state courts. 		Civil Procedure 4DCA/1 Feb. 20, 2019
Korman v. Princess Cruise Lines, Ltd.
A federal forum selection clause is enforceable so long as no evidence is presented showing the clause to be unreasonable. 		Civil Procedure 2DCA/4 Feb. 15, 2019
Jimenez-Sanchez v. Dark Horse Express, Inc.
Because employer paid employees on a piece-rate basis, separate compensation for rest breaks was required; thus, common factual and legal issues were presented as common questions capable of determination on a class basis. 		Civil Procedure 5DCA Feb. 15, 2019
Jackson v. Kaiser Foundation Hospitals
Mandatory relief provision in Code of Civil Procedure Section 473(b) is intended to reach only those dismissals that are 'procedurally equivalent to a default;' thus, mandatory relief unavailable for voluntary dismissal. 		Civil Procedure 1DCA/3 Feb. 12, 2019
Sunrise Financial, LLC v. Superior Court
After a defendant makes a general appearance they only have 15 days to file their Section 170.6 challenge, because the word 'appearance' in Code of Civil Procedure Section 170.6 means 'general appearance.' 		Civil Procedure 4DCA/1 Feb. 8, 2019
Rostack Investments v. Sabella
Securing judgment with bond collateralized by letter of credit instead of cash-collateralized bond that would net interest but tie up cash was reasonable and necessary based on defendant's own financial situation. 		Civil Procedure 2DCA/8 Feb. 7, 2019
U.S. CFTC v. Crombie
Under 7 U.S.C. Section 13(a)(4) of the Commodity Exchange Act, a defendant makes false statements 'willfully' if the defendant knew they were false or made them with reckless disregard for their veracity. 		Civil Procedure 9th Feb. 4, 2019
Booth v. U.S.
Minority tolling not recognized under Federal Tort Claims Act's statute of limitations; thus, plaintiff's action alleging that United States agency negligently caused father's death when plaintiff was a minor was time-barred. 		Civil Procedure 9th Feb. 1, 2019
Cohen v. TNP 2008 Participating Notes
Agents have no standing to enforce arbitration agreements if they are not a third party beneficiary of the arbitration agreement, or if they have no actual and substantial interest in the agreement. 		Civil Procedure 2DCA/7 Jan. 31, 2019
Jensen v. Jensen
A person acting as guardian ad litem solely to litigate for another in a particular state is not enough to deem them to have purposefully availed themselves of that state. 		Civil Procedure 2DCA/6 Jan. 28, 2019
Siri v. Sutter Home Winery, Inc.
A defendant moving for summary judgment bears the initial burden of presenting evidence establishing that a plaintiff either cannot establish an element of their claim or a complete defense exists. 		Civil Procedure 1DCA/4 Jan. 25, 2019
Linton v. County of Contra Costa
Plaintiff's Code of Civil Procedure Section 998 offer provided her the right to seek attorney fees as 'allowed by law,' but no such fees were 'allowed by law.' 		Civil Procedure 1DCA/1 Jan. 25, 2019
Modification: Licudine v. Cedars-Sinai Medical Center
Section 998 offer not made in good faith when made five days after defendant filed its answer, defendant had very little information available, and plaintiff never responded to that concern. 		Civil Procedure 2DCA/2 Jan. 25, 2019
Jayone Foods v. Aekyung Industrial Co. Ltd.
Manufacturers are subject to specific jurisdiction if their actions were designed to consummate a business arrangement in which the manufacturer would profit financially by selling its product for use in a given state. 		Civil Procedure 2DCA/7 Jan. 24, 2019
Zhang v. Jenevein
Recording conversations and using them in contractual arbitration are not protected activities under Code of Civil Procedure Section 425.16, since contractual arbitration is neither a judicial nor official proceeding authorized by law. 		Civil Procedure 2DCA/7 Jan. 24, 2019
Stillaguamish Tribe v. State of Washington
Tribe's assertion of tribal immunity in declaratory judgment pleading, in anticipation of threatened litigation, does not create subject matter jurisdiction. 		Civil Procedure 9th Jan. 23, 2019
Pont v. Pont
Ex-spouse entitled to attorney fees and costs under the stipulated judgment's attorney fees provision because of its broad language, particularly, the phrase 'in connection therewith.' 		Civil Procedure 2DCA/1 Jan. 18, 2019
People v. American Surety Co.
Parties that fail to act diligently to bring a procedural defect or erroneous ruling before a trial court will cause the party to forfeit their challenge to the validity of an undertaking. 		Civil Procedure 4DCA/2 Jan. 17, 2019
Modification: Prout v. Dept. of Transportation
In order to bring an inverse condemnation complaint, a petition for writ of mandate must be filed within four years of a government agency conditioning its approval of grant of an easement. 		Civil Procedure 3DCA Jan. 17, 2019
Orange County Water Dist. v. The Arnold Engineering Co.
Where requests for admissions require sophisticated analyses of technical issues, courts are more willing to credit a party's reasonable belief that it would prevail based on expert opinion evidence. 		Civil Procedure 4DCA/1 Jan. 14, 2019
Prout v. Dept. of Transportation
In order to bring an inverse condemnation complaint, a petition for writ of mandate must be filed within four years of a government agency conditioning its approval of grant of an easement. 		Civil Procedure 3DCA Jan. 14, 2019
Modification: Mechling v. Asbestos Defendants
A defendant's motion to set aside a default judgment should be granted, provided a meritorious claim existed and defendant was not given chance to defend himself in court due to extrinsic mistake. 		Civil Procedure 1DCA/5 Jan. 10, 2019
Berkeley Cement, Inc. v. Regents of the University of California
The award of mediation fees is no less reasonably necessary to the conduct of litigation, than the award of arbitrator's fees, which costs are also statutorily authorized. 		Civil Procedure 5DCA Jan. 9, 2019
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