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Broadway Grill Inc. v. Visa Inc.
'Benko' does not allow plaintiff to defeat CAFA's minimal diversity requirement by amending complaint to completely alter class definition.
Civil Procedure May 19, 2017
Amphastar Pharmaceuticals Inc. v. Aventis Pharma SA
Qui tam suit brought under False Claims Act accusing competitor of committing fraud against the federal government properly dismissed for lack of jurisdiction.
Civil Procedure May 12, 2017
Ford Motor Warranty Cases
Coordination trial judge errs in refusing to add 467 substantively indistinguishable lemon law cases to the coordination proceeding.
Civil Procedure May 9, 2017
Yolanda’s Inc. v. Kahl & Goveia Commercial Real Estate
Judgment creditor may ask third party about location of assets during third party judgment creditor examination even though third party no longer possessed properties in dispute.
Civil Procedure May 4, 2017
Fox Factory Inc. v. Superior Court (Isherwood)
'Seriously inconvenient forum' standard is inappropriate in forum non conveniens consideration in tort action involving Canadian plaintiff and California defendant.
Civil Procedure May 1, 2017
Prather v. Sprint Communications Inc.
Purported whistleblower cannot share in government's settlement of False Claims Act action against telecommunications companies because he has no right to intervene in action.
Civil Procedure May 1, 2017
Marina Pacifica Homeowners v. Southern Cal. Fin. Corp.
Amendments to Civil Code section does not make transfer fee unenforceable, due to savings clause that keeps fees at issue enforceable
Civil Procedure Apr. 25, 2017
Urban Wildlands Group v. City of L.A.
Civil procedure statute allowing courts to vacate rulings as a result of attorney error applies strictly to default judgments and dismissals.
Civil Procedure Apr. 17, 2017
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates.
Civil Procedure Apr. 17, 2017
Dunson v. Cordis Corp.
Defendant unsuccessful in invoking CAFA's mass action provision to remove actions to federal court, where plaintiffs' consolidation motion does not propose joint trial of their claims.
Civil Procedure Apr. 17, 2017
Scholes v. Lambirth Trucking Co.
Relation-back doctrine cannot save property owner's trespass claim against adjacent neighbor for damages from fire that started on neighbor's property.
Civil Procedure Apr. 10, 2017
Boston v. Kitsap County
Washington's special tolling statute applicable to tort claims filed against government inapplicable to toll Section 1983 claims, rendering former jail inmate's lawsuit time-barred.
Civil Procedure Apr. 10, 2017
West v. United States
Failure to name appellee not fatal to appeal under Federal Rule of Appellate Procedure 3 as long as notice of appeal references district court order pertaining to unnamed appellee.
Civil Procedure Apr. 4, 2017
Quiles v. Parent
Judgment debtor need not post bond to stay execution of judgment pending appeal where he already satisfied damages judgment and was appealing cost-only judgment.
Civil Procedure Mar. 29, 2017
Copeland v. Ryan
Federal criminal rule of procedure requiring court to order reimbursement of petitioner's deposition expenses does not apply to habeas petitions challenging state criminal convictions.
Civil Procedure Mar. 29, 2017
Lindsey v. Conteh
Discovery referee's imposition of monetary sanctions is directly appealable order, as stipulated reference to referee was general, giving her broad authority to take evidence and rule on motions.
Civil Procedure Mar. 27, 2017
Iqbal v. Ziadeh
Summary judgment should not have been granted in defendant's favor, where defendant was not 'affiliate' of former defendants for purposes of settlement release agreement.
Civil Procedure Mar. 27, 2017
Williams v. Yamaha Motor Co.
District court lacks jurisdiction over foreign corporation in consumer class action involving allegedly defective motors imported and marketed in California.
Civil Procedure Mar. 27, 2017
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature.
Civil Procedure Mar. 22, 2017
Teleflex Med. v. National Union Fire Ins.
Where Cal. Supreme Court case and lower appellate court ruling may be reconcilable, district court does not err in applying rule from law appellate decision in its decision.
Civil Procedure Mar. 22, 2017
Phillips v. Honeywell International Inc.
Letter from corporate manager suggesting employees exposed to asbestos should die acceptable as evidence due to limiting instruction to consider company's knowledge of asbestos hazards.
Civil Procedure Mar. 21, 2017
Ramirez v. Tulare County District Attorney’s Office
In action challenging attempted nonjudicial forfeiture, application of incorrect statute of limitations results in reversal of orders sustaining demurrers.
Civil Procedure Mar. 17, 2017
Schoshinski v. City of Los Angeles
Summary judgment properly granted in city's favor, where plaintiffs' claims moot in light of payments received via settlement in different case.
Civil Procedure Mar. 16, 2017
People v. Acuna
Non-hearsay evidence supporting finding that civil defendants were members of criminal street gang establishes that trial court was not convinced of membership by hearsay statements alone.
Civil Procedure Mar. 14, 2017
Glassdoor, Inc. v. Superior Court (Machine Zone)
Former employee's anonymous posts on review website do not constitute prima facie breach of confidentiality agreement, meriting reversal of order compelling website to reveal employee's identity.
Civil Procedure Mar. 13, 2017
Beck v. Stratton
Where civil case is unlimited rather than limited, 60-day rather than 30-day time limit applies, rendering attorney fee motion timely.
Civil Procedure Mar. 10, 2017
Zanowick v. Baxter Healthcare Corp.
Federal rule of civil procedure requiring dismissal of action after failure to substitute new party within 90-days of notice of original party's death does not mandate dismissal with prejudice.
Civil Procedure Mar. 10, 2017
Shanks v. Dept. of Transportation
Trial court's failure to conduct adequate inquiry into allegations against juror before discharging her is abuse of discretion requiring remand on issue of apportionment of fault.
Civil Procedure Mar. 10, 2017
City of Crescent City v. Reddy
Receiver properly appointed where motel owner failed to comply with stipulated judgment requiring owner to cure various building code violations.
Civil Procedure Mar. 9, 2017
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature.
Civil Procedure Mar. 6, 2017