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Warner Bros. Entertainment Inc. v. Superior Court
Where trial court stay allowed for informal discovery and ordered conferral and preparation on certain matters, stay does not pause 'all the proceedings' and five-year prosecution bar is not tolled. 		Civil Procedure 2DCA/8 Nov. 23, 2018
Roe v. Halbig
Under Code of Civil Procedure Section 1987.2(c), defendant can 'prevail' on a motion to quash or modify a subpoena even if subpoena has been withdrawn prior to judicial determination. 		Civil Procedure 6DCA Nov. 23, 2018
Alcazar v. L.A. Unified School Dist.
The intent of the Code of Civil Procedure Section 222.5 is to ensure that civil trial courts possesses the necessary discretionary authority to control the voir dire process and avoid the preconditioning of jurors 		Civil Procedure 2DCA/1 Nov. 19, 2018
Wilde v. City of Dunsmuir et al.
A power to be exercised is legislative in nature if it prescribes a new policy; whereas, it is administrative if it merely pursues a plan already adopted by the legislative body itself. 		Civil Procedure 3DCA Nov. 19, 2018
Huerta v. Kava Holdings, Inc.
Code of Civil Procedure Section 998 does not apply in nonfrivolous Fair Employment Housing Act actions. 		Civil Procedure 2DCA/8 Nov. 16, 2018
Genisman v. Hopkins Carley
For legal malpractice suits: Once a plaintiff has a suspicion of wrongdoing, and therefore an incentive to sue, she must decide whether to file suit or sit on their rights. 		Civil Procedure 6DCA Nov. 16, 2018
Williams v. Filson
To be entitled to equitable tolling, a habeas petitioner must demonstrate that some extraordinary circumstance stood in his way and prevented timely filing (e.g. relying on any unsettled relation-back laws). 		Civil Procedure 9th Nov. 12, 2018
1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior Court
Code of Civil Procedure Section 92(d) does not allow special motions to strike in limited cases based upon the plain meaning of the statute and the intent of the Legislature. 		Civil Procedure 2DCA/3 Nov. 9, 2018
Citizens for Amending Proposition L v. City of Pomona
Respondents had standing to sue under public interest exception to challenge city council ordinance purporting to extend agreement to erect billboards after citizens of Pomona passed ballot initiative prohibiting it. 		Civil Procedure 2DCA/4 Nov. 9, 2018
Guerrero v. Cal. Dept. of Corrections and Rehabilitation
Federal common law controls the preclusive effect of a federal judgment, and applies to both federal question cases and diversity cases. 		Civil Procedure 1DCA/4 Nov. 8, 2018
Quiles v. Parent
Federal law applies when determining a plaintiff's entitlement to costs, and the types of costs that may be recovered under the federal Fair Labor Standards Act of 1938. 		Civil Procedure 4DCA/3 Nov. 6, 2018
Marteney v. Elementis Chemicals Inc.
Under Civil Code of Procedure Section 877, appellant entitled to settlement credit based solely on respondents' settlements and not on their parents' settlements because they were not bound by those settlements. 		Civil Procedure 2DCA/4 Nov. 5, 2018
Raam Construction, Inc. v. Occupational Safety and Health etc.
A trial court correctly deemed a petition as untimely, where the petitioner filed five days after the expiration of the statute of limitations; and petitioner's argument that the statute was ambiguous was rejected. 		Civil Procedure 1DCA/3 Oct. 29, 2018
A.G. v. County of Los Angeles
As the moving party for summary judgment, defendants in wrongful death action brought by non-biological child of decedent have burden or rebutting parentage presumption to challenge standing. 		Civil Procedure 2DCA/7 Oct. 22, 2018
Pagnini v. Union Bank, N.A.
Counsel's mistake in misapprehending the time for filing an amended complaint was 'functional equivalent' of a default; thus, trial court erred in denying appellant's motion under Code of Civil Procedure Section 473(b). 		Civil Procedure 1DCA/5 Oct. 19, 2018
Beach and Bluff Conservancy v. City of Solana Beach
Code of Civil Procedure Section 30801 provides that a person may file a Section 1094.5 petition for a writ of mandate for final decisions or actions made by the Commission. 		Civil Procedure 4DCA/1 Oct. 18, 2018
SEC v. Stein
Four factors must be met for a party to invoke a defendant's criminal conviction as the basis for offensive nonmutual issue preclusion. 		Civil Procedure 9th Oct. 12, 2018
Martinez v. Eatlite One, Inc.
To determine whether plaintiff obtained more favorable judgment than Civil Procedure Section 998 offer, pre-offer costs and fees are added to both the verdict and the 998 offer. 		Civil Procedure 4DCA/3 Oct. 5, 2018
Kerley v. Weber
A debtor may specify how his or her 'performance' should be credited by communicating his or her intention to the creditor at the time of performance. 		Civil Procedure 2DCA/2 Oct. 5, 2018
Hawkins v. The Kroger Company
Plaintiff in Unfair Competition and False Advertising suit possessed standing where she demonstrated causation - namely that she relied upon a mislabeling in purchasing a certain produce - in addition to injury. 		Civil Procedure 9th Oct. 5, 2018
The Inland Oversight Committee v. City of San Bernardino
Res judicata barred appellants' claim that proposed changes in development were not 'minor modifications' pursuant to the process adopted in the Second Addendum, thus violating the California Environmental Quality Act. 		Civil Procedure 4DCA/2 Oct. 1, 2018
Payton v. CSI Electrical Contractors
In a motion seeking certification of a class, the existence of any common policy is not sufficient to show that common issues predominate. 		Civil Procedure 2DCA/2 Oct. 1, 2018
Fidelitad Inc. v. Insitu Inc.
A private entity must be involved in an effort to assist, or to help carry out, the duties of a federal superior in order to invoke 28 U.S.C. Section 1442(a)(1). 		Civil Procedure 9th Sep. 26, 2018
InfoSpan Inc. v. Emirates NBD Bank PJSC
Party does not waive personal jurisdiction objection by fully litigating matter after bringing personal jurisdiction dismissal motion to adverse ruling. 		Civil Procedure 9th Sep. 10, 2018
King v. Great American Chicken Corp.
The district court's finding that plaintiff proved by a preponderance of the evidence that 'greater than two-thirds' of the putative class members were California citizens was not supported by sufficient evidence. 		Civil Procedure 9th Sep. 7, 2018
Hansen v. Group Health Cooperative
District court's exercise of subject matter jurisdiction was reversed where it dismissed claims state law claims that 'pose important public policy issues under state law.' 		Civil Procedure 9th Sep. 5, 2018
Mack v. All Counties Trustee Services, Inc.
Appellant bears burden of providing adequate record on appeal demonstrating error; where sparse record below and in appellate briefing fails to do so, court must resolve issue against appellant. 		Civil Procedure 2DCA/1 Sep. 4, 2018
Martinez v. Landry's Restaurants, Inc.
It is not 'impracticable' to pursue discovery during the time in which a case is remanded to state court after removal until the time that order is affirmed by the Court of Appeal. 		Civil Procedure 2DCA/7 Aug. 30, 2018
G&G Productions v. Rusic
Under California Civil Procedure Code Section 361, Appellant's cause of action was time-barred in California because it would have been time barred in Italy. 		Civil Procedure 9th Aug. 30, 2018
GameStop, Inc. v. Superior Court
District attorney is not 'party' to litigation, and acts in capacity as state officer when bringing enforcement action of Secondhand Dealers Law; thus transfer to neutral county under Code of Civil Procedure Section 394 not warranted. 		Civil Procedure 4DCA/2 Aug. 24, 2018
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