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Name Category Published
Crowley v. EpiCept Corp.
Court-formulated jury instruction that correctly states the law does not constitute an abuse of discretion. 		Civil Procedure 9th Feb. 14, 2018
Gonzalez v. Mathis
Summary judgment against independent contractor reversed where hirer fails to conclusively show that contractor could have reasonably adopted safety precaution to remedy known hazard. 		Civil Procedure 2DCA/7 Feb. 8, 2018
Simpson v. Trump University
Clear language in settlement notices requiring opt-out at class certification stage precludes objector from claiming she retained right to opt-out at settlement stage. 		Civil Procedure 9th Feb. 7, 2018
Nutrition Distribution, LLC v. Southern SARMS, Inc.
Safe harbor provision from Code of Civil Procedure Section 128.7(c) was incorporated within former Section 128.5(f). 		Civil Procedure 2DCA/7 Feb. 5, 2018
Gonzalez v. Lew
Court order awarding postoffer costs to plaintiffs affirmed where jury awards plaintiffs amount greater than proposed, but rejected, joint settlement offer. 		Civil Procedure 2DCA/3 Feb. 5, 2018
Kenny v. Wal-Mart Stores
Right of defendant to remove a matter to a federal forum is not waived by filing a demurrer in state court and its right to remove was not ascertainable from the pleadings. 		Civil Procedure 9th Feb. 2, 2018
Modification: Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. 		Civil Procedure 2DCA/5 Feb. 2, 2018
Santa Barbara Channelkeeper v. City of San Buenaventura
Where conservation group alleges water diversion by city is unreasonable, cross-complaint joining other diverters is not improper. 		Civil Procedure 1DCA/2 Feb. 1, 2018
Tikosky v. Yehuda
Judgment unsatisfied where defendant fails to pay defendant and does not benefit from third party agreement to pay plaintiff judgment amount for property collaterally related to judgment. 		Civil Procedure 2DCA/1 Feb. 1, 2018
Fields v. Twitter Inc.
Anti-Terrorism Act provision requiring plaintiff to show injury by reason of international terrorist act requires plaintiff to show direct relationship between injuries and acts of defendant. 		Civil Procedure 9th Feb. 1, 2018
Sierra Palms Homeowners Assoc. v. Metro Gold Line
Ruling denying leave to amend reversed where plaintiff shows on appeal that complaint can be amended. 		Civil Procedure 2DCA/7 Jan. 31, 2018
Hernandez v. Restoration Hardware, Inc.
Per longstanding precedent, unnamed class member must either timely intervene or move to set aside or vacate trial court judgment in order to secure right to appeal. 		Civil Procedure 4DCA/1 Jan. 30, 2018
Artus v. Gramercy Towers Condominium Association
Declaratory relief properly denied where assertion by plaintiff for relief not actual controversy. 		Civil Procedure 1DCA/1 Jan. 26, 2018
Hamamoto v. Ige
Potential repetition exception to mootness inapplicable to controversy of inherently limited duration where plaintiffs fail to show that expedited review of case is unavailable. 		Civil Procedure 9th Jan. 26, 2018
In re Hyundai and Kia Fuel Economy Litigation
Where class representatives fail to show it is reasonable to assume that all members were exposed to misleading advertisements of defendants, reversal required. 		Civil Procedure 9th Jan. 24, 2018
Artis v. District of Columbia
Tolling provision in 28 U.S.C. Section 1367(d) suspends the relevant statute of limitations period while a state claim is pending in federal court. 		Civil Procedure USSC Jan. 23, 2018
3123 SMB LLC v. Horn
Dismissal for lack of diversity jurisdiction reversed where recently-formed holding company is deemed to have its principal place of business in state where company holds its board meetings. 		Civil Procedure 9th Jan. 18, 2018
Rasmussen v. Lazarus
Plea in abatement that wrongful death suit, brought prior to murder conviction, was premature is waived when not brought in initial answer. 		Civil Procedure 2DCA/8 Jan. 10, 2018
Burkhalter Kessler Clement & George, LLP v. Hamilton
Attorney fees may be awarded to more than one prevailing party in breach of contract dispute. 		Civil Procedure 4DCA/3 Jan. 9, 2018
Corral v. Select Portfolio Servicing
Amount of indebtedness does not constitute the 'amount in controversy' for purposes of establishing subject matter jurisdiction in an action seeking to stay foreclosure pending review of a loan modification. 		Civil Procedure 9th Dec. 28, 2017
Boyd v. Freeman
A prior judgment based on the statute of limitations is not 'on the merits' for purposes of barring a claim under the doctrine of res judicata. 		Civil Procedure 2DCA/4 Dec. 22, 2017
Santa Clara Waste Water Co. v. Allied World National Assurance Co.
Writ of attachment proper where insurer shows probable validity of unjust enrichment claim, after insurer covers partial clean-up of explosion at insured's chemical plant. 		Civil Procedure 2DCA/6 Dec. 22, 2017
Creed-21 v. City of Wildomar
After a willful discovery rule violation preceded by a history of abuse, terminating sanctions are justified if less severe sanctions would not produce compliance. 		Civil Procedure 4DCA/2 Dec. 21, 2017
Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. 		Civil Procedure 2DCA/5 Dec. 19, 2017
California-American Water Co. v. Marina Coast Water District
Prevailing parties entitled to contractual attorney fees and costs even though underlying contracts that were basis for fees were declared void. 		Civil Procedure 1DCA/1 Dec. 18, 2017
Duke v. Superior Court (Klis)
Demurrer erroneously sustained without leave to amend on ousted CEO's conversion claim against members of board of director of company she founded. 		Civil Procedure 5DCA Dec. 15, 2017
Baxter v. California State Teachers' Retirement System
California State Teachers' Retirement Systems' action seeking to recoup overpayment of retirement benefits not wholly time-barred; thus, it may continue to pursue recovery action. 		Civil Procedure 6DCA Dec. 13, 2017
Choi v. Sagemark Consulting
Summary judgment in favor of defendants on basis of action's untimeliness affirmed where limitations period commences upon plaintiffs' suspicion of injury. 		Civil Procedure 6DCA Dec. 13, 2017
Howeth v. Coffelt
Order denying postjudgment motion is not appealable where order follows consent judgment. 		Civil Procedure 4DCA/1 Dec. 12, 2017
Dept. of Forestry and Fire Protection v. Howell
Order 		Civil Procedure 3DCA Dec. 12, 2017
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