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Sun v. Advanced China Healthcare
Party arguing against contractual forum-selection clause must lift heavy burden; where enforcement does not make trial 'gravely difficult' or contravene 'strong public policy,' and contract was not product of 'fraud or overreaching,' clause should be enforced. 		Civil Procedure 9th Aug. 23, 2018
Kingsbury v. U.S.
Federal Rule of Civil Procedure 58's requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. Section 2255. 		Civil Procedure 9th Aug. 22, 2018
Levingston v. Kaiser Foundation Health Plan
Counsel's lack of credibility concerning failure to file an opposition to summary judgment does not make the failure willful and thus court's grant of terminating sanctions was abuse of discretion. 		Civil Procedure 4DCA/2 Aug. 21, 2018
Modification: Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law. 		Civil Procedure 2DCA/1 Aug. 17, 2018
Rangel v. PLS Check Cashers of California, Inc.
Broad settlement of state-court class action covering all potential claims 'factually-related' to resolved claims bars subsequent federal action on same facts, though federal claims may not have been able to be brought in earlier suit. 		Civil Procedure 9th Aug. 17, 2018
Bianka M. v. Superior Court
An action for sole custody may proceed even if one parent cannot be joined as a party, provided that the absent parent has received adequate notice 		Civil Procedure CASC Aug. 17, 2018
Hall v. Dept. of Motor Vehicles
'Successful party,' for purposes of Code of Civil Procedure Section 1021.5 attorney fee award provision, must achieve 'primary litigation goal.' 		Civil Procedure 4DCA/1 Aug. 16, 2018
Modification: B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault. 		Civil Procedure 2DCA/3 Aug. 13, 2018
Knutson v. Foster
Testimony of single witness, even plaintiff, may rightly support noneconomic, emotional distress damages. 		Civil Procedure 4DCA/3 Aug. 10, 2018
LAOSD Asbestos Cases
Court abused its discretion by denying all costs requested by the prevailing party in a strict product liability claim, where the plaintiff's inability to pay was considered by the court. 		Civil Procedure 2DCA/4 Aug. 10, 2018
Moen v. The Regents of the University of California
Where employer consistently indicated, through printed materials, that employees would maintain health insurance benefits through retirement, court erred by decertifying class to examine individual issues of reliance on the materials. 		Civil Procedure 1DCA/5 Aug. 3, 2018
Peredia v. HR Mobile Services, Inc.
Summary judgment reversed where Civil Code Section 2343 allows plaintiffs to assert negligent undertaking tort claim. 		Civil Procedure 5DCA Aug. 1, 2018
Estill v. County of Shasta
Judgment granting plaintiff new trial reversed where defendant is not required to provide warning and notice under Section 911.3. 		Civil Procedure 3DCA Aug. 1, 2018
Conservatorship of S.A.
Judgment affirmed where medical records are admissible under business record exception to hearsay. 		Civil Procedure 2DCA/6 Jul. 23, 2018
U.S. v. USDC-Oregon
'No new circumstances' warrant second mandamus petition after previous petition denied by this court, per 'Bauman,' in climate change suit against government. 		Civil Procedure 9th Jul. 23, 2018
Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases
Typicality is established where plaintiffs seeking class treatment allege that they were subjected to same conduct and suffered the same injury as every potential class member. 		Civil Procedure 1DCA/4 Jul. 20, 2018
Weinstein v. Blumberg
A trial court erred when it granted discovery sanctions against a party when the moving party didn't file the supporting papers upon which they were basing their motion within statutory deadline. 		Civil Procedure 2DCA/1 Jul. 19, 2018
Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law. 		Civil Procedure 2DCA/1 Jul. 18, 2018
Morales v. United States
Where USGS' failure to mark 40-foot cable above river was discretionary and borne on by policy choices, 'discretionary function' exception of Federal Tort Claims Act provides agency immunity in negligence action. 		Civil Procedure 9th Jul. 16, 2018
B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault. 		Civil Procedure 2DCA/3 Jul. 13, 2018
Modification: Shiver v. Laramee
Summary judgment affirmed where sudden emergency doctrine applies to defendant who acted reasonably during sudden, unexpected emergency that defendant did not cause. 		Civil Procedure 2DCA/6 Jul. 12, 2018
Padda v. Superior Court (Riverside)
A trial court abused its discretion in denying a petitioner's request for a continuance, where the main expert witness was suddenly unavailable on the eve of trial and was the only expert the plaintiffs/cross-complainants had ready for trial. 		Civil Procedure 4DCA/2 Jul. 10, 2018
In re Volkswagen "Clean Diesel" Litigation
No abuse of discretion in certifying class where no irreparable conflict of interest prevents class representatives from representing appellants or prohibits ‘comingling of’ parties in one class. 		Civil Procedure 9th Jul. 10, 2018
Jameson v. Desta
Policy of not providing court reporter in civil disputes must include exception for in forma pauperis fee waiver recipients. 		Civil Procedure 4DCA/1 Jul. 6, 2018
In re Volkswagen Litigation
Clean Air Act 'diligent prosecution bar' does not preclude individual citizen's suit where government and citizen are not enforcing same 'standard, limitation, or order;' thus, intervention in government action unavailable. 		Civil Procedure 9th Jul. 5, 2018
Hassell v. Bird
Order directing interactive website to remove challenged third party reviews from its website reversed and remanded under applicable 47 U.S.C. Section 230. 		Civil Procedure CASC Jul. 3, 2018
Lo v. Lee
Under permissive statute allowing for creditors to reach and retrieve allegedly fraudulent transfer from party who 'benefitted' from transfer, party seeking return of tuition payments from student defendant did not state adequate claim. 		Civil Procedure 1DCA/1 Jul. 2, 2018
Moofly Productions v. Favila
A trial court erred when it imposed monetary sanctions upon a party and their attorney without providing them with 'the benefit of a 21-day safe harbor to withdraw the offending motion, as required' by statute. 		Civil Procedure 2DCA/1 Jun. 28, 2018
Peralta v. Vons Companies
A trial court properly granted a motion for summary judgment in a premises liability case where a plaintiff "failed to produce any evidence" to "create a triable issue of material fact" as to whether a store was on constructive notice that the floor was slippery. 		Civil Procedure 2DCA/1 Jun. 28, 2018
Wassmann v. South Orange County Community College District
Summary judgment affirmed where employee’s intentional infliction of emotional distress is barred by two-year statute of limitations period. 		Civil Procedure 4DCA/3 Jun. 27, 2018
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