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The Estuary Owners Association v. Shell Oil Co.
Condominium owners successful in challenging application of 10-year statute of repose to claims involving latent construction defects in case alleging nuisance against oil company. 		Civil Procedure California Courts of Appeal Jul. 28, 2017
Hoggett v. University of Phoenix
Motion to amend or alter judgment under Federal Rule of Civil Procedure 59(e) must request ‘substantive change of mind by the court.’ 		Civil Procedure 9th Jul. 26, 2017
Alvarez v. Seaside Transportation Services LLC
The plaintiff bears the burden of showing the existence of a triable material fact where the 'Privette' doctrine presumption affects the burden of producing evidence pursuant to Evidence Code 603. 		Civil Procedure California Courts of Appeal Jul. 24, 2017
Cummings v. Dessel
Court’s incorrect judgment affirmed where appellant fails to show that ‘absent the error, the appellant would have obtained a more favorable result.’ 		Civil Procedure California Courts of Appeal Jul. 21, 2017
ZL Technologies v. Doe
Where libel plaintiff seeks anonymous defendant's identity from third-party review site, plaintiff must make a prima facie libel showing, and court must consider equitable factors, but no final balancing test is required. 		Civil Procedure California Courts of Appeal Jul. 21, 2017
Lehman v. Nelson
Award in ERISA dispute involving allegedly illegally withheld employer contributions overturned where complaint failed to give requisite notice under FRCP 8(a)(2). 		Civil Procedure 9th Jul. 17, 2017
Alfaro v. Johnson
Habeas petitioner’s claim is barred where petitioner fails to exhaust available court remedies. 		Civil Procedure 9th Jul. 17, 2017
United States v. Sierra Pacific Industries Inc.
Defendants not entitled to relief from judgment based on government’s fraud on court where alleged ‘trail of fraud’ was known prior to parties’ settlement. 		Civil Procedure 9th Jul. 14, 2017
Williams v. Superior Court (Marshalls CA LLC)
“Good cause” not required in order to gather information about potential PAGA action class members, where opposing party has burden to show relevancy of information requested. 		Civil Procedure CASC Jul. 14, 2017
Ayco Farms v. Ochoa
Not abuse of discretion for trial court to conduct forum non conveniens analysis by comparing proposed foreign forum with forum where state plaintiff brought claim, rather than with United States as a whole. 		Civil Procedure 9th Jul. 11, 2017
Kumari v. The Hospital Committee for the Livermore-Pleasanton Areas
In medical malpractice action, letter sent by plaintiff’s attorney stating intent to sue cannot toll statute of limitations given plaintiff’s earlier letter expressing such intent. 		Civil Procedure California Court of Appeal - 1st District Jul. 10, 2017
Seneca Insurance Co. Inc. v. Strange Land Inc.
Application of ‘Colorado River’ abstention inappropriate where insurance dispute was not ‘exceptional’ to warrant disregarding federal court’s ‘virtually unflagging obligation’ to exercise its jurisdiction. 		Civil Procedure 9th Jul. 6, 2017
International Brotherhood of Teamsters v. U.S. Department of Transportation
Court cannot properly review petitions challenging agency's decisions where an agency's actions are 'committed to agency discretion by law.' 		Civil Procedure 9th Jun. 30, 2017
City of Pasadena v. Superior Court
Plaintiff must file suit within six months from cause of action Under Government Code Section 911.2 where 'accrual' means 'ripeness' to sue. 		Civil Procedure California Court of Appeal Second District Jun. 28, 2017
SJJC Aviation Services LLC v. City of San Jose (Signature Flight Support Corp.)
Fixed base operator unsuccessful in challenging city's decision to award lease and operating agreement to develop airport facilities to competitor. 		Civil Procedure California Courts of Appeal - 6th District Jun. 22, 2017
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. 		Civil Procedure Jun. 14, 2017
Microsoft Corp. v. Baker
Federal courts of appeal lacks jurisdiction to review order striking class allegations because plaintiffs' 'voluntary-dismissal' tactic does not amount to 'final decision.' 		Civil Procedure Jun. 12, 2017
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition. 		Civil Procedure Jun. 8, 2017
Town of Chester v. Laroe Estates Inc.
Intervenors of right must establish Article III standing if they wish to pursue relief not requested by plaintiff. 		Civil Procedure Jun. 5, 2017
Weatherford v. City of San Rafael
Standing to maintain action to enjoin alleged illegal expenditure of public funds not limited to plaintiffs who have paid property taxes in relevant jurisdiction. 		Civil Procedure Jun. 5, 2017
Hart v. Darwish
Malicious prosecution filed by tenants against property owners properly dismissed under 'interim adverse judgment' rule even though tenants prevailed in underlying unlawful detainer action. 		Civil Procedure Jun. 4, 2017
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition. 		Civil Procedure Jun. 1, 2017
Chango Coffee, Inc. v. Applied Underwriters, Inc.
Orders under Code of Civil Procedure Section 1008(b) are not appealable. 		Civil Procedure May 31, 2017
BNSF Railway Co. v. Tyrrell
Miles of track and employees does not make BNSF Railway 'at home' in Montana, for general jurisdiction purposes; FELA's 'doing business' statute does not provide jurisdiction but rather refers to venue 		Civil Procedure May 31, 2017
Corona-Contreras v. Gruel
Absent motion to remand, district court lacks authority to remand case to state court sua sponte based on procedural defect. 		Civil Procedure May 30, 2017
Resh v. China Agritech Inc.
Plaintiffs, who were unnamed class members in prior would-be class actions, are not time-barred from bringing subsequent class action. 		Civil Procedure May 25, 2017
Guarantee Forklift Inc. v. Capacity of Texas Inc.
Vehicle franchisee has standing to bring suit against franchisor for termination of franchise despite lack of dealer's license. 		Civil Procedure May 25, 2017
Grappo v. McMills
Default judgment should never have been entered in plaintiff's favor, serving as reminder to courts to properly apply gatekeeper function. 		Civil Procedure May 24, 2017
Water Splash Inc. v. Menon
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters permits service by mail. 		Civil Procedure May 23, 2017
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. 		Civil Procedure May 19, 2017
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