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State Farm Fire & Casualty Co. v. United States ex rel. Rigby
Violation of the False Claims Act's requirement that a complaint 'shall' be kept under seal does not result in mandatory dismissal of qui tam action. 		Civil Procedure Dec. 6, 2016
Gee v. Estate of Jewett
Motion to set aside dismissal due to attorney error is not based on previously denied motion and properly vacated under Code of Civil Procedure 473(b). 		Civil Procedure Dec. 6, 2016
Elliott Homes, Inc. v. Superior Court (Hicks)
Homeowners required to serve notice of defect to builder prior to commencing litigation as required by the 'Right to Repair Act.' 		Civil Procedure Dec. 4, 2016
ZF Micro Devices v. TAT Capital Partners
Statute of limitations tolling applies to both compulsory and permissive cross-complaints under pre-1971 case law. 		Civil Procedure Dec. 1, 2016
Lee v. Rich
Third party purchaser successful in reversing cancellation of sheriff's deed of sale, where execution sale is 'absolute' and homeowner not entitled to equitable redemption. 		Civil Procedure Dec. 1, 2016
Foxen v. Carpenter
Amended complaint properly dismissed where client's action against law firm barred by statute of limitations. 		Civil Procedure Dec. 1, 2016
LAOSD Asbestos Cases
Jury instruction stating that employers have a non-delegable duty to create a safe workplace did not create special burden for plaintiffs in establishing negligence of third party contractor. 		Civil Procedure Nov. 24, 2016
McNair v. City and County of San Francisco
Doctor - who had refused on good cause to certify patient's fitness for commercial driver's license - noticing DMV as to patient's cognitive impairment is protected under litigation privilege from tort claim. 		Civil Procedure Nov. 24, 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 Nov. 24, 2016
Gee v. Greyhound Lines Inc.
Motion for set aside of dismissal due to attorney error not motion for reconsideration requiring filing pursuant to Code of Civil Procedure Section 1008. 		Civil Procedure Nov. 21, 2016
Robert Ito Farm v. Moms on a Mission Hui
Magistrate judge presiding by consent of parties may make ruling regarding non-consenting intervenor as proposed intervenor not yet party to suit. 		Civil Procedure Nov. 20, 2016
M.D. v. Newport-Mesa Unified School District
Motion for relief from judgment erroneously denied where two-day delay in filing amended complaint was excusable under 'Pioneer' factors. 		Civil Procedure Nov. 20, 2016
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 Nov. 17, 2016
Thaxton v. State Personnel Board
Dismissed employee's failure to appear at evidentiary hearing before administrative law judge constitutes failure to proceed, meriting dismissal of appeal to State Personnel Board. 		Civil Procedure Nov. 16, 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 Nov. 14, 2016
Tun v. Wells Fargo Dealer Services
Offer of tender and deposit with court by defendant not admission of guilt or liability under Civil Code Section 2983.4. 		Civil Procedure Nov. 7, 2016
ZF Micro Devices v. TAT Capital Partners
Statute of limitations tolling applies to both compulsory and permissive cross-complaints under pre-1971 case law. 		Civil Procedure Nov. 6, 2016
Brown v. Rawson-Neal Psychiatric Hospital
Appellate court declines to exercise discretion to consider psychiatric patient's appeal over dismissal of federal claims against Nevada hospital on grounds of waiver. 		Civil Procedure Nov. 6, 2016
Strasner v. Touchstone Wireless Repair and Logistics LP
Texas employee's posting of plaintiff's private photo on Facebook account with numerous California 'friends' does not establish specific jurisdiction. 		Civil Procedure Nov. 6, 2016
1Drexler v. Petersen
Disputed issues of material fact regarding whether plaintiff discovered injury relating to undiagnosed brain tumor within statute of limitations requires reversal of summary judgment in doctors' favor. 		Civil Procedure Nov. 1, 2016
Bigler-Engler v. Breg, Inc.
Noneconomic damages award suggests prejudiced motivation on jury's part due to inflammatory remarks made by plaintiff's counsel. 		Civil Procedure Oct. 30, 2016
Wolf Metals Inc. v. Rand Pacific Sales Inc.
In case involving default judgment, debtor-company's president improperly named as additional judgment debtor based on 'alter ego' theory. 		Civil Procedure Oct. 26, 2016
Mealing v. Diane Harkey for Board of Equalization 2014
Creditor seeking to collect judgment may not obtain restraining order barring payments to judgment debtor's wife where wife is not 'judgment debtor' under statute. 		Civil Procedure Oct. 25, 2016
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction. 		Civil Procedure Oct. 23, 2016
Nava v. Saddleback Memorial Medical Center
Negligence action brought by patient who fell off gurney while at hospital properly barred as untimely, where one-year, rather than two-year, statute of limitations applies. 		Civil Procedure Oct. 19, 2016
M.D. v. Newport-Mesa Unified School District
Motion for relief from judgment erroneously denied where two-day delay in filing amended complaint was excusable under 'Pioneer' factors. 		Civil Procedure Oct. 19, 2016
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district. 		Civil Procedure Oct. 19, 2016
Huang v. Bicycle Casino, Inc
Shuttle operated for select casino patrons may be subject to higher duty of care owed by operators of 'common carriers' in suit stemming from injury caused during boarding. 		Civil Procedure Oct. 19, 2016
Nguyen v. Applied Medical Resources Corp
'Sandquist' requires arbitrator, not court, to decide availability of class arbitration, where employment contract is ambiguous on the question. 		Civil Procedure Oct. 17, 2016
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district. 		Civil Procedure Oct. 13, 2016
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