Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-55229
|
Vogel v. Harbor Plaza Center
Award of attorney fees vacated and remanded where court misinterprets local rule in awarding prevailing party in ADA action small percentage of fees requested. |
Civil Procedure |
|
S. Graber | Jun. 26, 2018 |
S240918
|
Samara v. Matar
Claim ruled on by trial court but not dealt with by appellate court that affirms on procedural grounds does not have preclusive effect; 'People v. Skidmore' must be overruled. |
Civil Procedure |
|
T. Cantil-Sakauye | Jun. 26, 2018 |
D072493
|
Modification: Reid v. City of San Diego
Demurrer granted on statute of limitations grounds affirmed where limitations period, which provides a reasonable time to bring action, is consistent with due process. |
Civil Procedure |
|
G. Nares | Jun. 21, 2018 |
A151094
|
Templo v. State of California
Grant of judgment on the pleadings affirmed where defendant is improper defendant in action. |
Civil Procedure |
|
W. McGuiness | Jun. 20, 2018 |
16-1220
|
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.
Federal court determining foreign law under Federal Rule of Civil Procedure Rule 44.1 is not bound by foreign government’s submission describing its laws. |
Civil Procedure |
|
R. Ginsburg | Jun. 15, 2018 |
D071119
|
Krolikowski v. San Diego City Employees' Retirement System
Order sustaining demurrer to causes of action for conversion and breach of fiduciary duty affirmed where claims are based on public employees’ exercise of discretion. |
Civil Procedure |
|
J. Irion | Jun. 15, 2018 |
B283420
|
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 |
|
K. Yegan | Jun. 14, 2018 |
A150264
|
Nationwide Biweekly Administration, Inc. v. Superior Court
Right to a jury trial guaranteed where 'gist' of improper business practices suit brought by government is 'legal, thereby giving rise to a right to jury trial;' though right extends only as to liability not penalties. |
Civil Procedure |
|
K. Banke | Jun. 14, 2018 |
17-432
|
China Agritech, Inc. v. Resh
'American Pipe' tolling standard does not protect untimely, successive class actions. |
Civil Procedure |
|
R. Ginsburg | Jun. 12, 2018 |
16-55768
|
Bain v. California Teachers Ass'n
Appeal dismissed as moot where change in plaintiffs' professional circumstances during pendency of appeal makes them unable to benefit from relief sought. |
Civil Procedure |
|
C. Callahan | Jun. 12, 2018 |
D072620
|
Von Becelaere Ventures, LLC v. Zenovic
Mechanics lien claimant waives right to arbitration where he does not comply with statutory requirements to maintain arbitration option. |
Civil Procedure |
|
J. McConnell | Jun. 8, 2018 |
15-56607
|
Havensight Capital v. Nike
Appeal challenging dismissal of amended complaint dismissed for lack of jurisdiction where appeal is untimely. |
Civil Procedure |
|
J. Rawlinson | Jun. 8, 2018 |
E067002
|
Jensen v. The Home Depot, Inc.
Misjoinder issue may be cured in amended complaint; thus trial court erred in dismissing action for improper joinder without leave to amend. |
Civil Procedure |
|
D. Miller | Jun. 7, 2018 |
17-56110
|
John Doe v. U.C. Regents
Eleventh Amendment bars Civil Code of Procedure Section 1094.5 petition because petition consitutes state law claim. |
Civil Procedure |
|
A. Tashima | Jun. 7, 2018 |
A147221
|
Tierney v. Javaid
Plaintiff waives right to challenge late trial proceedings where plaintiff requests and obtains statement of decision after declaration of mistrial on claim that 'deadlocked' jury failed to determine. |
Civil Procedure |
|
P. Siggins | Jun. 6, 2018 |
B272170
|
Rockefeller Technology Inv. v. Changzhou Sinotype Technology Co.
Since a party was never validly served with process, a trial court lacked jurisdiction over the matter, ergo, the resulting judgment is void as violating fundamental due process. |
Civil Procedure |
|
L. Edmon | Jun. 6, 2018 |
B275874
|
Port Medical Wellness v. Conn. Gen. Life Ins. Co.
Civil actions seeking payment for medical care may be brought by plan participants, not by health care providers, as they are barred by the doctrine of conflict preemption |
Civil Procedure |
|
L. Lavin | Jun. 6, 2018 |
D072624
|
Airs Aromatics v. CBL Data Recovery Technologies
A default judgment that exceeds the amount of damages sought in a complaint is void, not just voidable. |
Civil Procedure |
|
W. Dato | May 31, 2018 |
D072142
|
Randall v. Ditech Financial, LLC
Complaint that adequately alleges that entity is debt collector that attempted to collect money from plaintiff debtor states viable claim under FDCPA Section 1692f (1). |
Civil Procedure |
|
J. McConnell | May 30, 2018 |
D072493
|
Reid v. City of San Diego
Demurrer granted on statute of limitations grounds affirmed where limitations period, which provides a reasonable time to bring action, is consistent with due process. |
Civil Procedure |
|
G. Nares | May 30, 2018 |
A147922
|
Modification: Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact. |
Civil Procedure |
|
A. Tucher | May 30, 2018 |
A147922
|
Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact. |
Civil Procedure |
|
A. Tucher | May 24, 2018 |
C083117
|
Raines v. Coastal Pacific Food Distributors
Grant of summary adjudication on representative PAGA claim for civil penalties for violation of Labor Code Section 226(a) reversed where such claim does not require injury. |
Civil Procedure |
|
E. Duarte | May 23, 2018 |
G051996
|
Prince v. Invensure Ins. Brokers
A case was remanded to the trial court for further consideration because the trial court erred with respect to the validity of an offer to compromise under CCP Section 998. |
Civil Procedure |
|
E. Moore | May 22, 2018 |
G053002
|
Modification: Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency. |
Civil Procedure |
|
R. Ikola | May 22, 2018 |
B278239
|
Modification: Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata. |
Civil Procedure |
|
May 17, 2018 | |
D071904
|
Fierro v. Landry's Restaurant Inc.
Judgment sustaining demurrer as untimely without leave to amend class claims on basis that class action with identical class claims was similarly dismissed reversed where record fails to show action was dismissed on those grounds. |
Civil Procedure |
|
J. Irion | May 16, 2018 |
G053960
|
Taswell v. Regents of the University of California
Where UC Regents do not address employee's whistleblower retaliation complaint to employee's satisfaction, employee may file suit for damages, whether or not other judicial avenues have been exhausted. |
Civil Procedure |
|
R. Fybel | May 16, 2018 |
S231549
|
United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Code of Civil Procedure Section 8814(c) applies where 'good faith dispute exists over a statutory or contractual precondition to that payment.' |
Civil Procedure |
|
M. Cuéllar | May 15, 2018 |
A153684
|
Contractors' State License Bd. v. Superior Court
Under California Law, high level government officials aren't subject to deposition, unless the official has direct, personal knowledge or factual information pertaining to material issues in the action. |
Civil Procedure |
|
J. Humes | May 14, 2018 |