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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. 7, 2019
Brown v. Mortensen
Nominal statutory damages are legal rather than equitable as they serve as a penalty. As such, a plaintiff has a constitutional right to have such claims tried before a jury. 		Civil Procedure 2DCA/1 Jan. 7, 2019
Yu v. Liberty Surplus Ins. Corp.
Damage amount in initial complaint not incorporated by reference into cross-complaint; initial complaint's damage amount of 'Not less than $10 million' was at odds with cross-complaint's damages 'in an amount precisely unknown.' 		Civil Procedure 4DCA/3 Jan. 7, 2019
Lief v. Superior Court
Family court erred when it ruled Code of Civil Procedure Section 917.7's 30-day statutory stay commenced with its tentative decision because a tentative decision does not constitute a judgment. 		Civil Procedure 4DCA/1 Jan. 3, 2019
San Diego Unified School Dist. v. Yee
To determine whether Code of Civil Procedure Section 341.5 applies, a court must look at the 'substance of the action, rather than the form of the pleading or the labels employed.' 		Civil Procedure 4DCA/1 Dec. 31, 2018
Olive v. General Nutrition Centers, Inc.
Under Civil Code Section 3344, if a verdict is not lopsided in either parties' favor, then the trial court has discretion in determining that neither party prevailed for purposes of awarding attorney fees. 		Civil Procedure 2DCA/4 Dec. 31, 2018
Etcheson v. FCA US LLC
For purposes of Code of Civil Procedure Section 998, trial court erred in basing the reduction of attorney fees and costs on party's refusal to accept an unreasonable or invalid settlement offer. 		Civil Procedure 4DCA/1 Dec. 31, 2018
Drulias v. 1st Century Bancshares, Inc.
Enforcement of forum selection bylaw did not violate California law; Corporations Code Section 2116 does not force California to exercise jurisdiction when another court would be more appropriate to hear the case. 		Civil Procedure 6DCA Dec. 27, 2018
Towers v. Iger
Speculative or conclusory allegations are insufficient to satisfy the demand futility requirement in a shareholder derivative suit; thus, district court's order granting defendants' motion to dismiss affirmed. 		Civil Procedure 9th Dec. 27, 2018
Antelope Valley Groundwater Cases
Party is estopped from disqualifying counsel due to conflicts of interest arising from concurrent representation if the motion is unreasonably delayed and results in prejudice to opposing parties. 		Civil Procedure 5DCA Dec. 24, 2018
Hoffman v. Superior Ready Mix Concrete, L.P.
Fees may be awarded under Code of Civil Procedure Section 1021.9 for trespass on agricultural land being cultivated, even where defendant did not damage crops themselves or interfere with agricultural operations. 		Civil Procedure 4DCA/1 Dec. 21, 2018
Cox v. Bonni
A court does not have to base the granting of a motion to reconsider a vacated award on new or different evidence when reconsideration is based on its own motion. 		Civil Procedure 2DCA/1 Dec. 19, 2018
Gassner v. Stasa
A plaintiff may dismiss an action without prejudice any time before the actual commencement of trial. All such dismissals constitute appealable judgments under Code of Civil Procedure Section 904.1(a)(1). 		Civil Procedure 4DCA/2 Dec. 19, 2018
Kendrick v. Conduent State and Local Solutions
Golden Gate Bridge may be a national treasure, but the collection of its tolls is a localized issue and thus belongs in state court under Class Action Fairness Act Section 1332. 		Civil Procedure 9th Dec. 18, 2018
McCleery v. Allstate Ins. Co.
Order denying class certification affirmed; plaintiffs' trial plan failed to address how they could fairly establish defendants' liability on a classwide basis as to any claim. 		Civil Procedure 2DCA/1 Dec. 18, 2018
Modification: David L. v. Superior Court
Knowledge alone that a sexual partner lives in California and foreseeability of conception is insufficient to satisfy minimum contacts required to exercise specific personal jurisdiction over a non-resident defendant. 		Civil Procedure 4DCA/1 Dec. 18, 2018
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 Dec. 13, 2018
In re City of Stockton
If a creditor does not seek a stay of a debtor's plan for adjustments of its debts, then the creditor risks dismissal of the appeal on grounds of equitable mootness. 		Civil Procedure 9th Dec. 11, 2018
CPF Vaseo Associates, LLC v. Gray
Safe harbor provision found in Code of Civil Procedure Section 128.7(c)(1) applies to former Section 128.5; thus, because motion seeking sanctions was served and filed on the same day, sanctions reversed. 		Civil Procedure 4DCA/1 Dec. 7, 2018
Hoang v. Bank of America
A statute of limitations period for an analogous cause of action is borrowed and applied to the federal claim, when no statute of limitations is expressly applicable to a federal statute. 		Civil Procedure 9th Dec. 7, 2018
Calvert v. Binali
Plaintiffs' failure to comport with the court's publication requirements by publishing service of summons in a different newspaper than ordered rendered the default judgment against defendant void on its face. 		Civil Procedure 2DCA/8 Dec. 6, 2018
Finance Holding Co., LLC v. The American Inst. of Certified
A post judgment order compelling discovery of an outside third-party can be considered a final order and thus appealable. 		Civil Procedure 4DCA/1 Dec. 3, 2018
City of Oakland v. Oakland Police and Fire Retirement System
Under California's Private Attorney General Statute, fees should sometimes be awarded even where litigant's own expected benefits exceed its actual costs by substantial margin; thus appellant entitled to attorney fees. 		Civil Procedure 1DCA/4 Dec. 3, 2018
Edwards v. Heartland Payment Systems, Inc.
Mandatory intervention should be denied in class action settlements when class members can still protect their interests by opting out of the class action or objecting to the settlement. 		Civil Procedure 2DCA/8 Dec. 3, 2018
Meleski v. Estate of Hotlen
Insurer who denied settlement offer in action against decedent's estate is 'party' within terms of Code of Civil Procedure Section 998. 		Civil Procedure 3DCA Nov. 30, 2018
Sulyma v. Intel Corp. Investment Policy Committee
'Actual knowledge,' rather than constructive knowledge, must be shown to be had before limitations period runs on ERISA claim. 		Civil Procedure 9th Nov. 29, 2018
Weyerhaeuser Co. v. United States Fish and Wildlife Serv.
Although under 16 U.S.C. Section 4(b)(2) the Secretary of Interior has the discretion to exclude an area from being designated critical habitat, it does not mean his judgments are not reviewable. 		Civil Procedure USSC Nov. 28, 2018
Alliance of Concerned Citizens v. City of San Juan Bautista
An appellate review of a court's findings under Public Resources Code Section 21168.9 is forfeited, if an order is appealable, and an appeal is not taken up. 		Civil Procedure 6DCA Nov. 28, 2018
David L. v. Superior Court
Knowledge alone that a sexual partner lives in California and foreseeability of conception is insufficient to satisfy minimum contacts required to exercise specific personal jurisdiction over a non-resident defendant. 		Civil Procedure 4DCA/1 Nov. 27, 2018
Independent Living Center v. Kent
The Supremacy Clause does not transform a California Civil Code Section 1085 writ of mandamus into a federal claim, and thus does not bar the seeking of attorneys' fees pursuant to a state-law provision. 		Civil Procedure 9th Nov. 26, 2018
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