Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B262717
|
Espejo v. Southern California Permanente Medical Group
Erroneous exclusion, as untimely, of declaration establishing existence of agreement to arbitrate results in reversal of denial of petition to compel arbitration and remand. |
Civil Procedure |
|
Apr. 26, 2016 | |
D066388
|
Lopez v. Watchtower Bible and Tract Society of New York Inc.
Trial court lacked authority to issue terminating sanctions due to noncompliance with discovery order compelling production of 'managing agent' that turned out to be invalid. |
Civil Procedure |
|
Apr. 18, 2016 | |
10-56406
|
Tibble v. Edison International
Retirement plan beneficiaries that successfully revived ERISA claim from statute of limitations ruling nevertheless lose on remand due to forfeited ongoing-duty-to-monitor claim. |
Civil Procedure |
|
Apr. 14, 2016 | |
C076017
|
Vanacore and Associates, Inc. v. Rosenfeld
Asset recovery agreement pertaining to stock set to escheat invalid because entered into between holder's report of unclaimed stock and Controller's notice of escheat. |
Civil Procedure |
|
Apr. 12, 2016 | |
C080359
|
Jones v. Superior Court (People)
Petitioners successful in reinstating peremptory challenges to disqualify judge where judge denies challenges based on erroneous filing deadline. |
Civil Procedure |
|
Apr. 11, 2016 | |
15-71668
|
In re Orange, S.A.
Petition for writ of mandamus based on forum non conveniens denied where claims not governed by nondisclosure agreement specifying French law and forum. |
Civil Procedure |
|
Apr. 11, 2016 | |
C072462
|
Baughn v. Dept. of Forestry
Letter from fired employee's former fire chief to employee's new chief, which caused employee's termination, is not protected activity relating to public issue under anti-SLAPP statute. |
Civil Procedure |
|
Apr. 7, 2016 | |
B264541
|
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 |
|
Apr. 7, 2016 | |
14-55243
|
Scheer v. Kelly
Attorney's facial challenge to State Bar's disciplinary provision enacted in 1991 not time-barred by 9th Circuit ruling applying 2-year limitations period in Takings-Clause-related cases; yet claim fails on merits. |
Civil Procedure |
|
Apr. 5, 2016 | |
G051594
|
Kirchmeyer v. Phillips
Medical Board cannot compel production of patient's treatment records in investigating psychiatrist accused of engaging in inappropriate sexual relations with patient. |
Civil Procedure |
|
Mar. 30, 2016 | |
D066722
|
Rubenstein v. Doe 1
Victim's action against public entity is timely though filed years after the occurrence of alleged sexual abuse by high school coach. |
Civil Procedure |
|
Mar. 24, 2016 | |
D067807
|
Schermer v. Tatum
Denial of class certification affirmed where there is no reasonable possibility plaintiffs can satisfy community of interest requirement for class certification. |
Civil Procedure |
|
Mar. 21, 2016 | |
D069057
|
Tenet Healthsystem Desert Inc. v. Blue Cross of California
Hospital's detailed allegations of fraud and misrepresentation claims against Anthem Blue Cross improperly dismissed via demurrer. |
Civil Procedure |
|
Mar. 18, 2016 | |
D067091
|
Hernandez v. Restoration Hardware Inc.
Class member who appeared, but did not otherwise take any steps to become named party in consumer class action, lacks standing to appeal judgment. |
Civil Procedure |
|
Mar. 15, 2016 | |
S219236
|
deSaulles v. Community Hospital of the Monterey Peninsula
Party who agreed to dismiss claims in exchange for monetary settlement is prevailing party for purposes of awarding mandatory costs under California Code of Civil Procedure Section 1032(a)(4). |
Civil Procedure |
|
Mar. 11, 2016 | |
14-1382
|
Americold Realty Trust v. ConAgra Foods Inc.
For purposes of diversity of citizenship jurisdiction, a 'real estate investment trust' takes the citizenship of each of its members. |
Civil Procedure |
|
Mar. 8, 2016 | |
H041500
|
Mooney v. Superior Court (Mooney)
Trial court's failure to rule on petitioner's motion for settled statement under Rule 8.137 of the California Rules of Court constitutes an abuse of discretion. |
Civil Procedure |
|
Mar. 7, 2016 | |
B256946
|
Toste v. CalPortland Construction
Defense judgment affirmed except as to award of expert witness fees under Code of Civil Procedure Section 998 for fees incurred before offer to compromise. |
Civil Procedure |
|
Mar. 3, 2016 | |
B262921
|
Bae v. T.D. Service Co.
Court correctly sets aside default and default judgment against trustee in action relating to nonjudicial foreclosure sale based on equitable doctrine of extrinsic mistake. |
Civil Procedure |
|
Feb. 29, 2016 | |
B246308
|
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation. |
Civil Procedure |
|
Feb. 29, 2016 | |
S215990
|
Gaines v. Fidelity National Title Insurance Co.
Dismissal upheld; period during which action is stayed for mediation does not toll five-year period within which to bring action to trial. |
Civil Procedure |
|
Feb. 26, 2016 | |
11-56986
|
Sarver v. Chartier
Army Sergeant's 'right of publicity' claim relating to Oscar-winning film 'The Hurt Locker' properly dismissed pursuant to California's anti-SLAPP statute. |
Civil Procedure |
|
Feb. 18, 2016 | |
B263213
|
Gastelum v. Remax International Inc.
Defendants' appeal of order lifting litigation stay is nonappealable order that must be dismissed. |
Civil Procedure |
|
Feb. 16, 2016 | |
B258406
|
Austin v. Los Angeles Unified School District
Motion for post-judgment relief under Code of Civil Procedure Section 473(b) does not require movant to file motion under penalty of perjury. |
Civil Procedure |
|
Feb. 11, 2016 | |
D066886
|
San Diego Municipal Employees Association v. City of San Diego
Labor unions unsuccessful in challenging denial of attorney fees under private attorney general act where they fail to demonstrate their involvement was necessary. |
Civil Procedure |
|
Feb. 10, 2016 | |
B264027
|
Perry v. Bakewell Hawthorne LLC
Plaintiff's expert declarations properly excluded where plaintiff unreasonably failed to disclose expert witness information with defendants. |
Civil Procedure |
|
Feb. 4, 2016 | |
B263198
|
Martin Potts and Associates Inc. v. Corsair LLC
Attorney's affidavit attesting default and default judgment was caused by him need not explain reasons for mistake, inadvertence, surprise, or neglect for court to grant relief. |
Civil Procedure |
|
Feb. 1, 2016 | |
B261541
|
Epic Medical Management LLC v. Paquette
Judgment confirming arbitrator's award in favor of medical management company upheld where illegality of contract not reviewable, and even if it were, was not illegal. |
Civil Procedure |
|
Feb. 1, 2016 | |
H038121
|
Co. of Santa Clara v. Escobar
Where county seeks statutorily-granted right of recovery against tortfeasor for care rendered to tort victim, county's right of action not barred when tort victim's suit fails to satisfy amount owed to county. |
Civil Procedure |
|
Feb. 1, 2016 | |
B246308
|
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation. |
Civil Procedure |
|
Jan. 29, 2016 |