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Chodos v. Borman
For post-judgment interest purposes, appellate ruling may be a modification, though it is 'couched in terms of a reversal,' if ruling has same practical effect as modification.
Civil Procedure Aug. 20, 2015
Association for Los Angeles Deputy Sheriffs v. Los Angeles Times Communications LLC
Union representing Los Angeles County Sheriff's Dept. deputies cannot prevent L.A. Times from reporting on Department's practices by accusing newspaper of possessing stolen confidential documents.
Civil Procedure Aug. 20, 2015
The Inland Oversight Committee v. County of San Bernardino (Colonies Partnership L.P.)
Anti-SLAPP motion inapplicable to public interest lawsuit filed by party challenging 2006 settlement between County of San Bernardino and property owner.
Civil Procedure Aug. 19, 2015
Colonies Partners L.P. v. Superior Court (The Inland Oversight Committee)
Validation judgment bars party's lawsuit against County of San Bernardino and property owner challenging $102 million settlement between County and property owner.
Civil Procedure Aug. 19, 2015
San Bernardino County v. Superior Court (The Inland Oversight Committee)
Party challenging County of San Bernardino's 2006 settlement agreement with property owner lacks taxpayer standing to bring lawsuit.
Civil Procedure Aug. 19, 2015
First Intercontinental Bank v. Ahn
California law, including Civil Code Section 1717(a), governs attorney fee dispute, rather than Georgia law specified in parties' agreement.
Civil Procedure Aug. 19, 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 Aug. 19, 2015
Cabalce v. VSE Corp.
Federal officer removal not warranted where non-military contractor failed to demonstrate government directed destruction of seized fireworks involved in deadly explosion.
Civil Procedure Aug. 14, 2015
Darbun Enterprises, Inc. v. San Fernando Comm. Hosp.
In cases involved mixed issues of equity and law, trial court may not act as factfinder on issues it specifically reserves for jury determination.
Civil Procedure Aug. 13, 2015
Briggs et al. v. Merck, Sharp & Dohme
Failure to establish concrete proposal of jointly-tried claim in medical tort case bars removal from state to federal court as 'mass action.'
Civil Procedure Aug. 7, 2015
Belanus v. Clark
Strikes issued under section 1915(g) of 18 U.S.C. apply to dismissed actions, regardless of whether or not filed 'in forma pauperis.'
Civil Procedure Aug. 5, 2015
Doe v. San Diego-Imperial Council
Clear statutory language provides that person over 26 who files allegations of childhood sexual assault must first obtain a certificate of merit.
Civil Procedure Aug. 3, 2015
Yocupicio v. PAE Group, Inc.
In employing Class Action Fairness Act to remove case to federal court, amount-in-controversy threshold must be met using only those causes of action that are truly class claims.
Civil Procedure Jul. 30, 2015
Klotz v. Milbank, Tweed, Hadley & McCloy
Plaintiffs must abide by Civil Code Section 1714.10's pre-filing requirements to the extent that their conspiracy claim fell within statute.
Civil Procedure Jul. 28, 2015
Dietz v. Bouldin
In first impression review, court justified in re-empanelling jury 'moments' after dismissal to correct verdict error as inquiry satisfies issue of outside influence.
Civil Procedure Jul. 26, 2015
Moncrief v. Clark
California attorney's lawsuit against Arizona attorney may proceed after trial court erroneously quashes service of summons for lack of personal jurisdiction.
Civil Procedure Jul. 21, 2015
Shaoxing City Maolong Wuzhong Down Products Ltd. v. Jeehn & Associates APC
Legal malpractice lawsuit filed more than one year from date former client suffered 'actual injury' is untimely and not subject to tolling.
Civil Procedure Jul. 21, 2015
Baker v. Microsoft Corp.
It is an error of law and abuse of discretion to strike class action allegations in contravention of applicable precedent.
Civil Procedure Jul. 20, 2015
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
Code of Civil Procedure Section 1008 governs renewed application for relief from default judgment under Section 473(b); consequently, failure to meet Section 1008 precludes relief from default judgment.
Civil Procedure Jul. 20, 2015
Ranza v. Nike Inc.
Oregon lacks jurisdiction over Nike's foreign subsidiary where subsidiary lacks sufficient contacts to forum and is not Nike's alter ego.
Civil Procedure Jul. 16, 2015
Akebia Therapeutics Inc. v. FibroGen Inc.
Biopharmaceutical company is an 'interested person' allowed to seek judicial assistance in the discovery of U.S. patents embroiled in patent disputes in foreign tribunals.
Civil Procedure Jul. 16, 2015
Siry Investments v. Farkhondehpour
Procedural rule change that occurred between appellate judgment and remittitur bears upon said case; application of changed rule not 'impermissible retroactivity.'
Civil Procedure Jul. 12, 2015
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (Target Stores Inc.)
Project opponent not entitled to attorney fees because its CEQA action was not catalyst for city's revocation of project's land use entitlements.
Civil Procedure Jul. 7, 2015
Valley Crest Landscape Development Inc. v. Mission Pools of Escondido Inc.
Court erroneously denies jury trial on express indemnity claim which sought reimbursement, i.e. monetary damages, as opposed to equitable remedy of specific performance.
Civil Procedure Jul. 5, 2015
Munoz v. City of Tracy
Where parties stipulate to continue trial to a date that is past five-year limit statute, said agreement is sufficient; express waiver of timing statute's protections unnecessary.
Civil Procedure Jul. 1, 2015
Eckler v. Neutrogena Corp.
Federal law and regulations preempt plaintiff's claims that sunscreen labels violated California law.
Civil Procedure Jul. 1, 2015
Finton Construction Inc. v. Bidna & Keys APLC
Attorneys successfully dismisses claim for receipt of purportedly stolen hard drive in connection with underlying case under anti-SLAPP statute.
Civil Procedure Jun. 30, 2015
Ironridge Global IV Ltd. v. ScripsAmerica Inc.
Disentitlement doctrine allows reviewing court to dismiss party's appeal challenging trial court order due to party's repeated violation of same order.
Civil Procedure Jun. 30, 2015
Fair v. BNSF Railway Co.
Federal Railroad Safety Act does not preclude injured rail worker's negligence claim under the Federal Employers' Liability Act.
Civil Procedure Jun. 30, 2015
West v. Arent Fox
Peremptory writ, rather than appeal, should be filed following grant of anti-SLAPP motion on SLAPPback claims.
Civil Procedure Jun. 29, 2015