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Name Category Published
Dhawan v. Biring
Where Section 425.11 statement of damages exceeds those set out in complaint, in context of case not involving personal injury or wrongful death, trial court exceeds jurisdiction to grant default judgment. 		Civil Procedure Oct. 29, 2015
Nunez v. Pennisi
Commercial fisherman's son successfully defeats malicious prosecution claim filed by boat repairman in anti-SLAPP motion. 		Civil Procedure Oct. 28, 2015
Jameson v. Desta
Nonsuit in prison doctor's favor and denial of former prisoner's summary judgment motion is affirmed where prisoner fails to provide reporter's transcript or establish damages. 		Civil Procedure Oct. 21, 2015
Behm v. Clear View Technologies
Plaintiff's failure to provide notice a reasonable time before obtaining punitive damages results in vacated default judgment, although defendant not relieved from underlying default. 		Civil Procedure Oct. 19, 2015
Sharif v. Mehusa
Both sides entitled to attorney fees where plaintiff is prevailing party for one cause of action and defendant is prevailing party for other cause of action. 		Civil Procedure Oct. 16, 2015
Mobile Medical Services etc. v. Rajaram
Anti-SLAPP motion should have been granted; court errs in granting leave to amend where there is no probability plaintiffs will prevail. 		Civil Procedure Oct. 15, 2015
Behm v. Clear View Technologies
Plaintiff's failure to provide notice a reasonable time before obtaining punitive damages results in vacated default judgment, although defendant not relieved from underlying default. 		Civil Procedure Oct. 9, 2015
Inland Oversight Com. v. City of Ontario
Nonprofit organization's untimely filed appeal under Section 36633 of the Streets and Highways Code requires dismissal for lack of jurisdiction. 		Civil Procedure Oct. 2, 2015
Tellez v. Rich Voss Trucking Inc.
Denial of class certification overturned where court did not offer explanation and record did not indicate court's thinking. 		Civil Procedure Oct. 2, 2015
Simonelli v. City of Carmel-By-The-Sea
Property owner may proceed with lawsuit against City where trial court erroneously denied her leave to amend based on improper application of limitations period. 		Civil Procedure Sep. 29, 2015
Jeff Tracy, Inc. v. City of Pico Rivera
The validity of a contractor's license is a required element of a claim made by a contractor plaintiff, not a special defense. 		Civil Procedure Sep. 17, 2015
Simonelli v. City of Carmel-By-The-Sea
Property owner may proceed with lawsuit against City where trial court erroneously denied her leave to amend based on improper application of limitations period. 		Civil Procedure Sep. 16, 2015
AP-Colton LLC v. Ohaeri
Cross-complainants that caused 'limited' action to be reclassified without paying reclassification fee are estopped from denying case was 'unlimited' to escape $121,357 awarded against them. 		Civil Procedure Sep. 16, 2015
Hi-Desert Medical Center v. Douglas
Res judicata bars hospitals' requests for financial reimbursement because hospitals could have requested monetary damages in original petition for writ of mandate. 		Civil Procedure Sep. 16, 2015
Warren v. Warren
Where plaintiff has clear idea of amount of damages in action for accounting, said plaintiff should give notice of damage amount sought before default judgment may be entered. 		Civil Procedure Sep. 14, 2015
Kahn v. The Dewey Group
Dismissed defendants' request for expert witness fees under California Code of Civil Procedure Section 998 is premature absent final judgments as to all defendants. 		Civil Procedure Sep. 10, 2015
WA Southwest 2 v. First Amer. Title Ins. Co.
'Discovery rule' not available to defeat statute of limitations defense, where plaintiffs in suit over failed investment scheme had been warned, in writing, of investment's riskiness and cost. 		Civil Procedure Sep. 9, 2015
Harkonen v. U.S. Dept. of Justice
Doctor may not sue Dept. of Justice under Information Quality Act for refusing to correct allegedly misleading information in press release. 		Civil Procedure Sep. 9, 2015
Collier v. Harris
Trial court prematurely denied defendant's anti-SLAPP motion where defendant's conduct, although protected, may nevertheless be illegal. 		Civil Procedure Sep. 3, 2015
Cox v. USDA
No evidence USDA waived sovereign immunity; state and district court lack jurisdiction and district court bound to dismiss for lack of jurisdiction rather than remand. 		Civil Procedure Sep. 3, 2015
Hewlett-Packard Co. v. Oracle Corp.
Anti-SLAPP motion brought 558 days after the statutorily-suggested 60-day window had closed was properly denied as untimely. 		Civil Procedure Aug. 31, 2015
Benson v. Southern Cal. Auto Sales
Car purchaser not entitled to damages under the Consumer Legal Remedies Act after seller offers an appropriate correction. 		Civil Procedure Aug. 31, 2015
Kaass Law v. Wells Fargo Bank N.A.
District improperly sanctioned law firm under 28 U.S.C. Section 1927 because that section does not authorize sanctions on law firms. 		Civil Procedure Aug. 28, 2015
Xcentric Ventures v. Borodkin
Malicious prosecution claims properly dismissed when plaintiff cannot prove underlying extortion claims were brought or continued without probable cause. 		Civil Procedure Aug. 26, 2015
LA Taxi v. Independent Taxi Owners
Anti-SLAPP motion is correctly denied when the alleged false internet advertisements for taxicabs constitute purely commercial speech not protected under the statute. 		Civil Procedure Aug. 24, 2015
Rutledge v. Hewlett-Packard
Debate over inadequacies of HP tablet notebook constitute issues of fact, not law, invalidating summary judgment of lower court. 		Civil Procedure Aug. 24, 2015
Auffert v. Capitales Tours
In case arising from crash of French tour bus in Monterey County, court may not dismiss for forum non conveniens if remedy availability in alternative forum (French courts) is uncertain. 		Civil Procedure Aug. 24, 2015
City of Oakland v. Lynch
Federal court lacks jurisdiction to preside over City of Oakland's lawsuit challenging government's forfeiture action targeting medical marijuana dispensary located in Oakland. 		Civil Procedure Aug. 21, 2015
Bridewell-Sledge v. Blue Cross of California
Two class actions filed minutes apart are consolidated class actions and court should evaluate them as such when evaluating jurisdiction under Class Action Fairness Act. 		Civil Procedure Aug. 21, 2015
Hellam v. Crane
Trial court mistakenly allocates party's settlement as 'pre-verdict' warranting recalculation of defendant's settlements credit. 		Civil Procedure Aug. 21, 2015
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