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Peridot Tree, Inc. v. City of Sacramento
Abstention was improper in cannabis dispensary's dormant Commerce Clause claim because it was unclear how the claim could be avoided by a state-court ruling.
Civil Procedure 9th Mar. 5, 2024
W. Bradley Electric v. Mitchell Engineering
Refusing to set aside attorney's unauthorized dismissal of cross-complaint was not an abuse of discretion where the client failed to act promptly to rectify the situation, ratifying the dismissal.
Civil Procedure 1DCA/5 Mar. 1, 2024
McDonald v. Lawson
Doctors' constitutional case against COVID-19 misinformation law was moot because the possibility of enforcement was remote and there was no indication of reenactment.
Civil Procedure 9th Mar. 1, 2024
Conservatorship of T.B.
Trial court's abuse of discretion in granting trial continuances did not require reversal of ultimate conservatorship order.
Civil Procedure 1DCA/2 Feb. 28, 2024
Ayers v. FCA US, LLC
Code of Civil Procedure Section 998's limitations on expenses and costs incurred following an offer to compromise applies even when a case is resolved via pretrial settlement.
Civil Procedure 2DCA/8 Feb. 28, 2024
Jamgotchian v. Ferraro
California Horse Racing Board decision did not preclude 42 U.S.C. Section 1983 constitutional claims in federal court because the Board lacked authority to decide constitutional claims.
Civil Procedure 9th Feb. 27, 2024
Transamerica Life Insurance Co. v. Arutyunyan
District court did not abuse its discretion in entering a default judgment as a sanction for defendants' repeated violations of court orders.
Civil Procedure 9th Feb. 23, 2024
Marriage of Tara and Robert D.
Trial court's error in refusing to grant continuance after permitting attorney's withdrawal on eve of trial was not prejudicial where appellant's contentions were merely suggestive of disadvantage.
Civil Procedure 4DCA/1 Feb. 20, 2024
Amended Opinion: Jane Doe v. Webgroup Czech Republic, A.S.
District court had specific personal jurisdiction against foreign pornography website operators who used U.S.-based content delivery network services to improve U.S. user viewing experience.
Civil Procedure 9th Feb. 15, 2024
Peace Ranch, LLC v. Bonta
Plaintiff challenging new law adequately pled standing based on pre-enforcement injury theory where the Attorney General admitted that the law targeted plaintiff.
Civil Procedure 9th Feb. 14, 2024
Miyahara v. Wells Fargo Bank, N.A.
Plaintiff should have been allowed to amend complaint where she may have been able to allege facts to overcome judicial estoppel triggered by her prior bankruptcy filing.
Civil Procedure 2DCA/7 Feb. 13, 2024
Jackson v. Board of Civil Service Commissioners of the City of Los Angeles
When superior court's judgment involved further administrative agency reconsideration, its decision was not final and appealable.
Civil Procedure 2DCA/7 Feb. 12, 2024
Blumenkron v. Multnomah County
*Burford* abstention applied to Oregon land commission's designation of Multnomah County land as "rural" because exercising federal jurisdiction would interfere with commission's authority to regulate land.
Civil Procedure 9th Feb. 5, 2024
Holt v. County of Orange
Federal tolling statute did not apply to voluntarily dismissed pending supplemental state law claims, so subsequent complaint asserting those claims filed after the original limitations period expired was untimely.
Civil Procedure 9th Jan. 29, 2024
Kinney v. City of Corona
Although linguistic ambiguity may have been present, Section 998 offer was unambiguous where there was no evidence recipient had reason to believe in more than one interpretation.
Civil Procedure 4DCA/2 Jan. 25, 2024
Adams v. Dept. of Corrections and Rehabilitation
Summary judgment was improper where parties presented sharply conflicting facts as to whether peace officer was acting within his employment during pursuit.
Civil Procedure 4DCA/3 Jan. 11, 2024
John GM Roe v. Doe 1
Because Emergency Rule 9 was applicable and extended statute of limitations for plaintiff's childhood sexual abuse claim, trial court erred in dismissing case with prejudice.
Civil Procedure 5DCA Jan. 11, 2024
Cassirer v. Thyssen-Bornemisza Collection Foundation
Under California's choice-of-law test, Spanish law applied to determine ownership of Pissarro painting stolen by Nazis.
Civil Procedure 9th Jan. 10, 2024
Amended Opinion: Su v. Bowers
Though government's valuation expert was proved wrong at trial, Equal Access to Justice Act attorney's fees were properly denied as government's litigation position was substantially justified.
Civil Procedure 9th Jan. 9, 2024
Miles v. Kirkland's Stores Inc.
Denial of class certification was inappropriate where there was evidence that employer's official policy violated labor laws and was consistently enforced across all employees during the alleged class period.
Civil Procedure 9th Jan. 9, 2024
Grossmont Union High School Dist. v. Diego Plus Education Corp.
Trial court failed to evaluate the financial burden of enforcement when awarding attorneys fees based on enforcement of an important right affecting the public interest.
Civil Procedure 4DCA/1 Jan. 3, 2024
Jane Doe v. Webgroup Czech Republic, A.S.
District court had specific personal jurisdiction against foreign pornography website operators who used U.S.-based content delivery network services to improve U.S. user viewing experience.
Civil Procedure 9th Jan. 3, 2024
Leahy v. Peterson
Detective seeking a second renewal of a civil harassment restraining order against alleged stalker had to show new conduct constituting harassment.
Civil Procedure 4DCA/1 Dec. 27, 2023
U.S. v. Fortenberry
Venue was improper in California because the essential conduct for the false statement charges was the false statements made in interviews in Nebraska and D.C.
Civil Procedure 9th Dec. 27, 2023
Doe v. Marysville Joint Unified School District
Under Federal Rules of Civil Procedure 41, second voluntary dismissal in federal court of case involving federal question jurisdiction had claim preclusive effect in third case filed in state court.
Civil Procedure 3DCA Dec. 26, 2023
Kamal v. Eden Creamery LLC
District court abused its discretion by denying plaintiffs' motion to dismiss their claims without prejudice where the dismissal would not legally prejudice defendants.
Civil Procedure 9th Dec. 22, 2023
Elden v. Nirvana LLC
Statute of limitations for personal injuries under child pornography law did not run for minor on cover of Nirvana's *Nevermind* album until after the album was republished.
Civil Procedure 9th Dec. 22, 2023
Barron v. Santa Clara Valley Transportation Authority
Dismissal was premature although civil matter had not been brought to trial within five years because a COVID emergency rule from the Judicial Council had extended the period by six months.
Civil Procedure 6DCA Dec. 18, 2023
State Water Board Cases
Trial court did not err in denying request to intervene when intervention would be duplicative and unduly complicate water rights case involving multiple plaintiffs.
Civil Procedure 3DCA Dec. 14, 2023
Campbell v. Career Development Institute
Recent California Supreme Court decision regarding fair procedure doctrine required trial court to determine if student was entitled to hearing after being dismissed from private university.
Civil Procedure 2DCA/8 Dec. 14, 2023