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Reed v. Gallagher
Candidate who lost election cannot maintain defamation action against rival who ran negative television ad characterizing him as an 'unscrupulous lawyer.'
Civil Procedure Jul. 1, 2016
Brodeur v. Atlas Entertainment Inc.
Anti-SLAPP motion in 'American Hustle' case prevails as popularity of microwaves during 1970s constitutes matter of 'public interest.'
Civil Procedure Jun. 28, 2016
Harris v. Stampolis
Restraining order properly issued against father for his aggressiveness toward middle school principal as witnessed by others and which caused her anxiety.
Civil Procedure Jun. 26, 2016
Ramos v. Brenntag Specialties Inc.
Trial court errs in sustaining demurrer based on 'Maxton v. Western States Metals' interpretation of the component parts doctrine.
Civil Procedure Jun. 23, 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 Jun. 22, 2016
RJR Nabisco Inc. v. European Community
RICO applies to some foreign racketeering activity provided that offenses alleged in particular case violate a predicate statue that is itself extraterritorial.
Civil Procedure Jun. 20, 2016
569 East County Boulevard LLC v. Backcountry Against the Dump Inc.
Sufficient evidence supported court's decision to reduce attorney fees award to prevailing party in anti-SLAPP motion.
Civil Procedure Jun. 19, 2016
Rouser v. White
Where district court does not consider purpose and entire record of compliance with consent decree, termination must be vacated.
Civil Procedure Jun. 19, 2016
Yolo County Dept. of Child Support Servs. v. Myers
Default affirmed despite claim that appellant never received notice of complaint due to residency confusion.
Civil Procedure Jun. 14, 2016
Hyan v. Hummer
Order granting motion to strike claims under California's anti-SLAPP statute does not constitute 'final decision' over which federal district court could exercise jurisdiction.
Civil Procedure Jun. 14, 2016
Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust
Federal law preempts Puerto Rico's own municipal bankruptcy scheme, the Puerto Rico Public Corporation Debt Enforcement and Recovery Act.
Civil Procedure Jun. 13, 2016
Dietz v. Bouldin
District court properly exercised its limited inherent power to rescind jury discharge order and recall jury in this run-of-the-mill civil case to correct easily identified and fixable mistake.
Civil Procedure Jun. 9, 2016
Lyons v. Michael & Assocs.
Under 'discovery rule,' statute of limitations does not begin to run until potential plaintiff knows or should know of action brought against her improperly.
Civil Procedure Jun. 8, 2016
Vaquero v. Ashley Furniture
Where complaint alleges company violated law in same way as to each member of a large class of employees, class certification is proper.
Civil Procedure Jun. 8, 2016
Hassell v. Bird
Yelp, a nonparty in defamation suit, must abide by injunction ordering removal of defamatory reviews penned by aggrieved client against former attorney.
Civil Procedure Jun. 7, 2016
Doe v. Roman Catholic Archbishop of Los Angeles
Order sustaining demurrer in favor of Catholic church reversed and case remanded to allow plaintiffs, alleged sexual abuse victims, to plead claims under tolling statute.
Civil Procedure May 30, 2016
People ex rel. Harris v. Delta Air Lines
Airline Deregulation Act preempts California's Online Privacy Protection Act of 2003, as state statute's requirement of certain information from airline operators could have bearing on fares and services.
Civil Procedure May 25, 2016
Farkas v. Williams
Civil Service Reform Act precludes naval golf instructor's 'Bivens' claim alleging retaliation for whistleblowing and unconstitutional seizure of his personal effects during on-base interview.
Civil Procedure May 24, 2016
Charton v. Harkey
Defendant, a prevailing party, wins reversal of court's order reducing across-the-board costs based on number of jointly represented defendants.
Civil Procedure May 24, 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 May 23, 2016
Lopez v. Sony Electronics Inc.
Summary judgment properly granted for defendant in action alleging birth defects due to chemical exposure where action barred under six-year statute of limitations.
Civil Procedure May 16, 2016
John v. Superior Court (Chan)
Self-represented defendant, who had been declared a vexatious litigant and subject to a pre-filing order, need not obtain leave of court before appealing adverse judgment.
Civil Procedure May 6, 2016
Allen v. Boeing Co.
Case properly remanded to state court where plaintiffs' complaint forms sufficient basis to invoke local controversy exception under Class Action Fairness Act.
Civil Procedure May 6, 2016
Hawkins v. SunTrust Bank
Court correctly rules that wrongful foreclosure action alleging improper service barred by res judicata arising from South Carolina judicial foreclosure judgment.
Civil Procedure May 5, 2016
J-M Manufacturing Co. Inc. v. Phillips & Cohen LLP
Pipe manufacturer's defamation and trade libel claims over challenged press release fails where press release constituted a fair and true reporting of jury's verdict.
Civil Procedure May 4, 2016
Hearn Pacific Corp. v. Second Generation Roofing Inc.
Trial court erred in refusing to allow litigant to name assignee and real party in interest as judgment creditor; assignee, therefore, cannot evade liability.
Civil Procedure May 4, 2016
Patel v. Crown Diamonds Inc.
Res judicata does not preclude victim's subsequent fraud action against company and its owners despite victim's prior adversary action opposing co-owner's personal bankruptcy petition.
Civil Procedure May 3, 2016
Li v. Yan
In case brought by former client, attorney judgment debtor's contentions regarding service of subpoena and privilege as to tax returns rejected.
Civil Procedure May 3, 2016
Goodrich v. Sierra Vista Regional Medical Center
Doctor challenging hospital's decision to terminate her from medical staff properly deemed a vexatious litigant after repeated filing of unsubstantiated motions.
Civil Procedure Apr. 28, 2016
Sanford v. Rasnick
Reversal and remand result, in part, from court's failure to hold Code of Civil Procedure Section 998 offer invalid for improperly requesting settlement agreement.
Civil Procedure Apr. 27, 2016