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Flethez v. San Bernardino County Employees Retirement Association
In retroactive award of service-connected disability retirement benefits, prejudgment interest under Civil Code Section 3287(a) is calculated from date of board's wrongful denial of benefits.
Civil Procedure Mar. 3, 2017
Gonzalez v. Santa Clara County Dept. of Social Services
Complete denial of fees as to three of plaintiff's four attorneys constitute abuse of discretion given the peculiar circumstances of the case.
Civil Procedure Mar. 2, 2017
Haniff v. Superior Court (Hohman)
Plaintiff may not be compelled to undergo a defense vocational rehabilitation examination, a discovery method not expressly authorized in the Civil Discovery Act.
Civil Procedure Mar. 2, 2017
Pini v. Fenley
Where election results in majority vote-getter ascending to office, said election is 'general', not 'primary,' and challenges are subject to 30-day statute of limitation.
Civil Procedure Mar. 1, 2017
Central Coast Forest Association v. Fish and Game Commission
Reversal on procedural grounds improper, where court of appeals unduly limited remedy avenues for plaintiffs seeking delisting of species on California's Endangered Species Act.
Civil Procedure Feb. 28, 2017
Rhule v. WaveFront Technology Inc.
Absence of adequate record of what occurred at key hearings hobbles plaintiff's appeal of trial court's grant of defendant's attorney fees motion.
Civil Procedure Feb. 27, 2017
Bates v. Bankers Life and Casualty Co.
Appeal over district court order striking class allegations dismissed where plaintiffs failed to use either one of two procedural avenues for appealing such orders.
Civil Procedure Feb. 27, 2017
Perry v. Bakewell Hawthorne LLC
Exclusion of expert opinion under Code of Civil Procedure Section 2034.300 due to unreasonable noncompliance to expert witness disclosure rule applies to motions for summary judgment.
Civil Procedure Feb. 24, 2017
Southern California Sunbelt Developers Inc. v. Banyan Ltd. Partnership
Reversal of order granting motion to tax costs required where trial court erroneously concludes it lacks authority to award receivership fees to prevailing parties.
Civil Procedure Feb. 17, 2017
Hamilton v. Orange County Sheriff’s Dept.
Denial of parties' stipulation to continue hearing on summary judgment motion and trial constitutes abuse of discretion where plaintiff showed good cause for continuance.
Civil Procedure Feb. 16, 2017
Herklotz v. Parkinson
Judgment vacated and remand ordered, where California district court lacks jurisdiction over state law crossclaims after grant of summary judgment in original Pennsylvania diversity action.
Civil Procedure Feb. 15, 2017
Citizens for Odor Nuisance Abatement v. City of San Diego
City beats public nuisance case relating to noxious sea lion odors, where there is no triable issue as to causation.
Civil Procedure Feb. 10, 2017
Just Film v. Buono
Despite differences in injury, representative makes showing that broad scheme of fraud by companies leasing credit card machines is common to members of class, meeting certification requirements.
Civil Procedure Feb. 8, 2017
Stella v. Asset Management Consultants Inc.
Judicial referee properly dismissed investor's fraud and related claims given sophisticated investor's failed attempt to assert delayed discovery rule concerning seller-paid commissions.
Civil Procedure Feb. 7, 2017
Van v. Language Line Services
Order denying motion to stay deposition not specific enough to be basis for contempt finding and sanctions award.
Civil Procedure Feb. 2, 2017
Ronald F. v. Dept. of Developmental Services (North Los Angeles Regional Center)
Doctrine of res judicata bars appellant's claim for benefits under Lanterman Developmental Disabilities Services Act.
Civil Procedure Feb. 2, 2017
Labertew v. Langmeier
Must be predicate federal judgment upon which to execute if court seeks to apply Federal Rule of Civil Procedure 69.
Civil Procedure Jan. 22, 2017
Kabran v. Sharp Memorial Hospital
Code of Civil Procedure Section 659a does not deprive court of fundamental jurisdiction to consider affidavits submitted after mandatory 30-day statutory deadline.
Civil Procedure Jan. 19, 2017
Lightfoot v. Cendant Mortgage Corp.
Fannie Mae's sue-and-be-sued clause does not grant federal courts original jurisdiction over all cases involving Fannie Mae, warranting reversal of the Ninth Circuit's contrary decision.
Civil Procedure Jan. 18, 2017
Stueve v. Buchalter Nemer
Action filed by heirs to Alta Dena Dairy fortune improperly dismissed under five-year dismissal statute where case was 'brought to trial' within days of deadline.
Civil Procedure Jan. 18, 2017
State of Missouri v. Harris
Possibility of fluctuating egg prices due to California hen care regulations do not give other states 'parens patriae' standing, as affected farmers may sue individually.
Civil Procedure Jan. 17, 2017
Okafor v. United States
Last minute filing of claim to thousands of dollars taken by civil forfeiture does not constitute 'extraordinary circumstance' meriting equitable tolling of filing date.
Civil Procedure Jan. 16, 2017
Bigler-Engler v. Breg, Inc.
Inflammatory rhetoric of plaintiff's attorney comparing defendants in medical malpractice suit to rapists, cattle branders merits reduction of noneconomic damages award by millions of dollars.
Civil Procedure Jan. 8, 2017
Khan v. Shim
Defendant is not prevailing party in breach of contract and torts suit voluntarily dismissed by plaintiff as Civil Code Section 1717 prohibits prevailing party for voluntarily dismissed contract suits.
Civil Procedure Jan. 2, 2017
Integrated Dynamic Solutions Inc. v. VitaVet Labs Inc.
Preliminary injunction that changed status quo properly granted in this 'extreme case' given severe financial harm company would likely suffer absent injunction.
Civil Procedure Dec. 26, 2016
Kase v. Metalclad Insulation Corporation
Navy insulation requirements implicitly requiring use of asbestos-laced product constitute 'reasonably precise specifications' under the government contractor defense.
Civil Procedure Dec. 21, 2016
Tibble v. Edison International
Complaint that breach of duty claims were dismissed due to statute of limitations not forfeited, as argument articulated on both district and appellate level.
Civil Procedure Dec. 18, 2016
Beach Break Equities v. Lowell
Failure to file affirmative action requesting relief after judgment resulting in eviction is reversed does not constitute waiver of right to restitution.
Civil Procedure Dec. 14, 2016
Southern California Gas Co. v. Flannery
Belated interpleader answer lacking factual specificity insufficient to merit trial or summary judgment motion on issues pled.
Civil Procedure Dec. 13, 2016
Facebook v. Vachani
Gathering of information from Facebook accounts violates Computer Fraud and Abuse Act due to Facebook's clear revocation of authorization via cease and desist letter.
Civil Procedure Dec. 11, 2016