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Squire v. County of Los Angeles
Written reprimands issued by Sheriff's Department in response to formal grievance process are not subject to PROBA one-year statute of limitations period where initiation of grievance procedure is not subject to limitations period.
Civil Procedure 2DCA/2 Apr. 12, 2018
In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure.
Civil Procedure 9th Apr. 10, 2018
Garcia v. Mercedes-Benz USA
Trial court does not err in denying fees award to malfunctioning car buyer as prevailing party, as confidential settlement made it uncertain if plaintiff achieved litigation goal.
Civil Procedure 2DCA/2 Apr. 6, 2018
Modification: AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process.
Civil Procedure 4DCA/1 Apr. 4, 2018
Demeter v. Taxi Computer Services
Summary judgment in favor of defendant affirmed where plaintiff’s claim of injury arising from defendant’s noncompliance with California’s fee related talent services law does not, on its own, constitute injury.
Civil Procedure 2DCA/5 Mar. 29, 2018
Timed Out LLC v. 13359 Corp.
Trial court did not err in imposing penalties for plaintiff's rejection of defendant's CCP Section 998 offer.
Civil Procedure 2DCA/1 Mar. 29, 2018
Al-Shaikh v. State Dept. of Health Care Services
Petitioner is entitled to fees under Civil Code of Procedure Section 1028.5 where agency acts without substantial justification by acting in 'direct contravention' of clearly stated federal regulation.
Civil Procedure 1DCA/1 Mar. 29, 2018
Rodriguez v. Dept. of Transportation
Public entity's liability can be avoided through the affirmative defense of design immunity, particularly if the design was not commonly used or needed in the public roadway.
Civil Procedure 5DCA Mar. 29, 2018
Hall v. Hall
Cases consolidated under Rule 42(a) retain separate identities, at least to the extent that a final decision in one is immediately appealable.
Civil Procedure 3DCA Mar. 28, 2018
Elhouty v. Lincoln Benefit Life
Face value of insurance policy is proper consideration for amount-in-controversy prong of diversity jurisdiction inquiry.
Civil Procedure 9th Mar. 28, 2018
Fox v. Superior Court
Trial court improperly denied severely ill petitioner's motion for trial preference under Code of Civil Procedure Section 36(a), by applying mistakenly burdensome evidentiary standard.
Civil Procedure 1DCA/4 Mar. 23, 2018
Eleanor Licensing LLC v. Classic Recreations LLC
Cause of action for return of personal property is timely filed within requisite three-year limitations period where action is based on event that occurred just months before filing action.
Civil Procedure 2DCA/7 Mar. 23, 2018
Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism
Defendant filing anti-SLAPP motion must move to strike within 60 days of service of the earliest complaint containing the cause of action defendant is attempting to strike.
Civil Procedure 4DCA/3 Mar. 23, 2018
Lawrence v. Superior Court
Seizure and holding by CHP of antique car valued at one million dollars violate due process of person in possession of the car, where suspicion of theft not supported by preponderance of evidence.
Civil Procedure 1DCA/1 Mar. 22, 2018
Quanta Computer Inc. v. Japan Communications Inc.
Court does not abuse its discretion in declining to exercise jurisdiction pursuant to its finding of no connection between dispute and state, an alternative forum, and no public interest in state.
Civil Procedure 2DCA/5 Mar. 20, 2018
Corley v. San Bernardino County Fire Protection District
Trial court does not err by refusing to offer jury instruction pertaining to lead fire chiefs, where plaintiff in age discrimination suit was a division chief.
Civil Procedure 4DCA/1 Mar. 19, 2018
U.S. ex rel. Solis v. Millennium Pharmaceuticals
'Original source' exception to False Claims Act prior public disclosure bar does not require relator to show he 'had a hand in' prior disclosure.
Civil Procedure 9th Mar. 16, 2018
AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process
Civil Procedure 4DCA/1 Mar. 14, 2018
Ponce v. Wells Fargo Bank
Complaint that asserts nonfrivolous claims cannot be presented for improper purpose under Code of Civil Procedure Section 128.7.
Civil Procedure 3DCA Mar. 14, 2018
U.S. v. United States District Court for the District of Oregon
Petition for writ of mandamus denied where defendants fail to meet ‘Bauman v. U.S. Dist. Ct.’ factors.
Civil Procedure 9th Mar. 8, 2018
Selvidge v. Tang
Notice of intent to file a medical malpractice action is adequately provided to a physician under MICRA if mailed to address of physician on file with the medical board
Civil Procedure 3DCA Mar. 7, 2018
Brown v. California Unemployment Insurance Appeals Board
Civil Code of Procedure Section 3289(b)’s 10 percent interest rate applies to finding of improperly withheld unemployment benefits where employee has right to unemployment benefits.
Civil Procedure 1DCA/4 Mar. 5, 2018
Medical Board of California v. Superior Court
Accusation, notice of default, and revocation of doctor's license done through certified mail without return receipt required represents sufficient service.
Civil Procedure 1DCA/3 Mar. 5, 2018
Weiss v. People ex rel. Department of Transportation
Statute applicable exclusively to eminent domain actions cannot be imported into body of inverse condemnation law in view of policy against case-dispositive motions in limine.
Civil Procedure 4DCA/3 Mar. 5, 2018
Victaulic Co. v. American Home Assurance Co.
Trial court must exercise great caution when examining a witness so as not to influence jury
Civil Procedure 1DCA/2 Mar. 1, 2018
Pittman v. Beck Park Apartments
Denial of motion to vacate vexatious litigant order as void affirmed where trial court retains jurisdiction to issue order even after case is dismissed.
Civil Procedure 2DCA/7 Mar. 1, 2018
Inversiones Papaluchi S.A.S. v. Superior Court
Petition challenging court order denying motion to quash in case governed by Hague Service Convention granted where forum state's requirements for accomplishing proof of service are not met.
Civil Procedure 2DCA/5 Mar. 1, 2018
Hauser v. Ventura County Board of Supervisors
Judgment denying conditional use permit affirmed where plaintiff fails to show that plaintiff is entitled to permit.
Civil Procedure 2DCA/6 Feb. 22, 2018
Bassett v. ABM Parking Services
Judgment dismissing action alleging single cause of action for lack of standing affirmed where plaintiff fails to allege concrete injury in fact.
Civil Procedure 9th Feb. 22, 2018
Hong Sang Market v. Peng
Res judicata does not bar breach of contract action that follows unlawful detainer action where plaintiff recovers back-due rent for separate months in each action.
Civil Procedure 1DCA/3 Feb. 15, 2018