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Verio Healthcare Inc. v. Superior Court (SG Homecare Inc.)
Defendants, represented by legislator-attorney, not entitled to stay of litigation where statutes permitting such stays for legislator-attorneys are unconstitutional to the extent they mandate stay.
Civil Procedure Oct. 13, 2016
GoTek Energy Inc. v. SoCal IP Law Group LLP
Law firm escapes malpractice action relating to failure to timely file patent applications due to client's failure to comply with statute of limitations.
Civil Procedure Oct. 12, 2016
Markow v. Rosner
Independently contracted doctor not 'ostensible agent' of Cedars-Sinai, protecting hospital fault in negligence and loss of consortium claim.
Civil Procedure Oct. 5, 2016
Wertheim LLC v. Omidvar
Lender's attempt to allocate fees paid to interpleaders properly denied where other party had colorable claim in underlying action.
Civil Procedure Oct. 2, 2016
Doe v. Superior Court (Nikolay)
In Civil Code Section 1708.85 action, inadvertent disclosure of John Doe's true name on court website does not obviate the need to refer to him by a pseudonym.
Civil Procedure Oct. 2, 2016
Licudine v. Cedars-Sinai Medical Center
Economic damages unsupported by evidence calls for new trial as trial court's ruling on statistic regarding possible future earning for plaintiff excluded at close of evidence.
Civil Procedure Oct. 2, 2016
City of San Diego v. San Diegans for Open Government
Corporation that files answer in validation action knowing it is a suspended corporation is not entitled to attorney fees under Code of Civil Procedure section 1021.5.
Civil Procedure Sep. 22, 2016
Rothstein v. Superior Court (Peymaneh Rothstein)
Peremptory challenge to judge brought under Code of Civil Procedure section 170.6 in case related to earlier-filed case does not require transfer of both cases.
Civil Procedure Sep. 19, 2016
In re Tract Gut, LLC
Procedural safeguards that attend state tax sales of repossessed properties make dismissal without leave to amend proper, where bankruptcy complainant's lone contention was that the received price was too low.
Civil Procedure Sep. 8, 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 Sep. 7, 2016
Minick v. City of Petaluma
Motion for discretionary relief from judgment affirmed under Code of Civil Procedure section 473(b) on grounds of excusable neglect due to attorney's cognitive impairment.
Civil Procedure Sep. 6, 2016
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
Bristol-Myers' substantive operations in California sufficient to confer specific jurisdiction, allowing nonresidents to pursue products liability claims involving the drug Plavix.
Civil Procedure Aug. 29, 2016
Akina v. State of Hawaii
Changed circumstances surrounding Native Hawaiians' efforts to pursue self-governance moots Hawaiian residents' appeal over failed injunction request that sought to thwart such efforts.
Civil Procedure Aug. 29, 2016
Randall v. Mousseau
Court abuses discretion in denying plaintiff's motion for a settled statement and consequently, her right to appeal, but failure to seek timely review renders issue forfeited.
Civil Procedure Aug. 24, 2016
Polo v. Innoventions International LLC
Upon determining it lacks jurisdiction, district court should remand, rather than dismiss, putative class action to state court.
Civil Procedure Aug. 18, 2016
Sese v. Wells Fargo Bank N.A.
Appeal over order denying interim attorney fees under California Homeowner Bill of Rights, Civil Code Section 2424.12, dismissed as nonappealable interlocutory order.
Civil Procedure Aug. 18, 2016
Pulte Homes Corp. v. Williams Mechanical Inc.
Trial court abuses discretion by ruling that defunct corporation entitled to set aside default, resulting in reinstatement of default and default judgment.
Civil Procedure Aug. 11, 2016
Borrayo v. Avery
Summary judgment in favor of doctor reversed where court abuses discretion in excluding declaration of plaintiff's expert witness because he did not practice medicine in United States.
Civil Procedure Aug. 11, 2016
Ignacio v. Caracciolo
Defendant may not recover costs under Code of Civil Procedure Section 998's cost-shifting provision because her pretrial Section 998 settlement offer was invalid.
Civil Procedure Aug. 4, 2016
No Toxic Air Inc. v. Lehigh Southwest Cement Co.
Attorney fees for preparation of administrative record recoupable under Code of Civil Procedure Section 1094.5(a) as they are reasonably incurred for production of the record.
Civil Procedure Aug. 1, 2016
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes.
Civil Procedure Jul. 28, 2016
JAMS Inc. v. Superior Court (Kinsella)
Commercial speech exemption applies to action and bars consideration of anti-SLAPP motion brought by provider of private alternative dispute resolution services.
Civil Procedure Jul. 28, 2016
Van Dusen v. Swift Transportation
Lack of final decision in district court proceedings prohibits Ninth Circuit appellate jurisdiction over motion to compel arbitration.
Civil Procedure Jul. 27, 2016
Manzari v. Associated Newspapers Ltd.
Famous adult entertainer may maintain action against tabloid for publishing picture and article conveying allegedly defamatory impression that she tested positive for HIV.
Civil Procedure Jul. 26, 2016
Santos v. Kisco Senior Living
Defendants found liable for harm caused to theft suspect should have been granted judgment notwithstanding the verdict as immunity clause protects mandated report of suspected theft to police.
Civil Procedure Jul. 25, 2016
Palm Springs Villas II Homeowners Association Inc. v. Parth
Lower court errs in granting summary judgment as issues of triable fact remain, determining appropriateness of business judgment rule protection.
Civil Procedure Jul. 18, 2016
Franceschi v. Franchise Tax Board et al
Second complaint filed in superior court for same cause of action previously filed in federal court appropriately barred by doctrine of res judicata.
Civil Procedure Jul. 12, 2016
City of Carlsbad v. Scholtz
Interlocutory appeal from administrative proceeding not suitable for appeal.
Civil Procedure Jul. 11, 2016
Via View Inc. v. Retzlaff
Denial of motion to quash erroneous because anti-SLAPP motion filed along with motion to quash did not constitute general appearance conferring jurisdiction over Texas resident.
Civil Procedure Jul. 8, 2016
Torjesen v. Mansdorf
Third party claimant's belated motion to vacate voidable order properly denied where order becomes final once time to appeal runs out.
Civil Procedure Jul. 6, 2016