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Name Category Published
Rey Sanchez Investments v. Superior Court (PCH Enterprises Inc.)
Petitioner successfully vacates order denying motion to expunge writ of mandate where lis pendens was 'void and invalid' due to lack of proof of service. 		Civil Procedure Jan. 28, 2016
Bucur v. Ahmad
Grant of additional sanctions against plaintiffs and their trial counsel warranted based on frivolous appeal. 		Civil Procedure Jan. 27, 2016
James v. Boise
The Idaho Supreme Court is bound by the US Supreme Court's interpretation of a federal statute. 		Civil Procedure Jan. 25, 2016
Castillo v. DHL Express (USA) et al.
Five-year period to bring a case to trial is automatically tolled under California Code of Civil Procedure Section 1775.7(b) only if mediation is through court-annexed program. 		Civil Procedure Jan. 19, 2016
Kelly v. Orr
In legal malpractice suit involving trust, statute of limitations does not bar claim of successor trustee against prior's trustee's legal counsel, where successor trustee pled that prior trustee had been represented by defendants within one year of malpractice suit. 		Civil Procedure Jan. 13, 2016
Bravo v. City of Santa Maria
Cost awards in Section 1983 suits resemble attorneys' fee awards and, thus, should be offset by costs paid by settling co-defendant. 		Civil Procedure Jan. 13, 2016
The Center for Auto Safety v. Chrysler Group LLC
Public access to filed motions hinges on whether motion is more than tangentially related to merits of underlying case, and not on whether such motion was dispositive. 		Civil Procedure Jan. 12, 2016
SCC Acquisitions Inc. v. Superior Court (Western Albuquerque Land Holdings LLC)
Trial court may compel judgment creditor to produce documents in its possession that would aid in enforcing money judgment even if such documents concerned third parties. 		Civil Procedure Jan. 8, 2016
Cuprite Mine Partners LLC v. Anderson et al.
Summary judgment properly granted in favor of those wishing to end cotenancy in mining claims through partition by sale. 		Civil Procedure Jan. 4, 2016
Lanz v. Goldstone
Anti-SLAPP motion properly denied where attorney demonstrates probability of prevailing on malicious prosecution claim against former client's subsequent attorney. 		Civil Procedure Dec. 31, 2015
Garibotti v. Hinkle
Jurisdictional language limiting time frame within which trial court may grant motion for new judgment is mandatory; rulings after said time frame are void. 		Civil Procedure Dec. 31, 2015
Mitchell v. Superior Court (Johnson)
Absent willful omission or violation of a court order, trial court abuses its discretion in excluding party's witness where party failed to identify witness during discovery. 		Civil Procedure Dec. 24, 2015
Ziani Homeowners Association v. Brookfield Ziani LLC (Fadavi)
Timeliness of motion to intervene should be determined based on date movants knew or should have known their interests in litigation were not being adequately represented. 		Civil Procedure Dec. 24, 2015
Pacific Radiation Oncology LLC v. Queen’s Medical Center
Adopting Eighth Circuit rule, relationship must exist between injury claimed in motion for injunctive relief and conduct alleged in underlying complaint. 		Civil Procedure Dec. 23, 2015
Kerkeles v. City of San Jose
Where the difference between an attorney's request for fees, under 42 U.S.C. Section 1988, and the court's award is greater than 10 percent the court is expected to articulate its specific reasoning to allow for meaningful appellate review. 		Civil Procedure Dec. 21, 2015
Jewel v. National Security Agency
District court erroneously certifies claim under FRCP 54(b) involving challenge to government surveillance program where single claim was intrinsically intertwined with several remaining pending issues. 		Civil Procedure Dec. 21, 2015
Mohammad Talaie v. Wells Fargo Bank
2009 Amendment to Truth in Lending Act does not apply retroactively to conduct from 2006. 		Civil Procedure Dec. 15, 2015
Holloway v. Quetel
Where plaintiff fails to submit appropriate supporting documentation, trial court does not err in refusing to enter default judgment for plaintiff and deciding matter in favor of defendants. 		Civil Procedure Dec. 15, 2015
Catalina Island Yacht Club v. Superior Court (Beatty)
Trial court erroneously finds attorney-client privilege waiver based on deficiencies in responding party's privilege log. 		Civil Procedure Dec. 8, 2015
Guess v. Benhardson
Woman cannot claim marital judgment lien over property now owned by couple because ex-spouse owed her zero in support payments at time he encumbered subject property. 		Civil Procedure Dec. 2, 2015
OBB Personenverkehr AG v. Sachs
Mere fact of Eurail pass sale in U.S. does not abrogate sovereign immunity of Austrian railway in U.S. suit brought by Californian for injuries suffered in Austria. 		Civil Procedure Dec. 2, 2015
Sabato v. Brooks
Restraining order properly issued against ex-husband whose faxed opposition papers was, not only against local court rules, but constituted waiver of issue of court's jurisdiction. 		Civil Procedure Nov. 27, 2015
Richtek USA Inc. v. uPI Semiconductor Corp.
Trial court may not utilize judicially-noticed documents in ruling on disputed factual issue concerning statute of limitations. 		Civil Procedure Nov. 26, 2015
Borsuk v. Appellate Division (LA Hillcreste Apartments LLC)
Motion to quash service of summons is not proper vehicle to challenge service of three-day notice in unlawful detainer action. 		Civil Procedure Nov. 25, 2015
Marlton Recovery Partners, LLC v. County of L.A.
Where no triable factual ground exists for opponent of summary judgment, court does not err when ruling for summary judgment upon ground not raised by movant without allowing opponent to respond. 		Civil Procedure Nov. 24, 2015
Ramirez v. County of San Bernardino
Plaintiff should have been allowed to file second amended complaint as matter of course where first amended complaint counted as 'other amendment.' 		Civil Procedure Nov. 24, 2015
FirstMerit Bank v. Reese
Denial of bank's motion requesting assignment in debtor's trust interest is correct where court lacks authority to enter such order. 		Civil Procedure Nov. 23, 2015
Cooper v. Bettinger
Renewal of Cal. Code Civil Procedure Section 527.6(j)(1) civil harassment restraining order is not automatic; court has discretion over whether to renew and duration. 		Civil Procedure Nov. 16, 2015
Buchanan v. Soto
California court may assert personal jurisdiction over deportee concerning allegedly fraudulent transfer of property located near in Southern California. 		Civil Procedure Nov. 9, 2015
Bocanegra v. Jakubowski
Common law prosecutorial immunity extends to claims based on suppression of exculpatory evidence. 		Civil Procedure Oct. 29, 2015
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