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Name Category Published
Parrish v. Latham & Watkins
Upon rehearing, court affirms invocation of "interim adverse judgment rule," based upon denial of summary judgment at lower court level. 		Civil Procedure Jun. 28, 2015
David v. Medtronic Inc.
Presence of nominal defendant cannot defeat forum non conveniens dismissal where, in absence of nominal defendant, action can and should be pursued in alternative forum. 		Civil Procedure Jun. 28, 2015
Falk v. Children's Hospital Los Angeles
Tolling applies to class action because summary judgment in prior class action was not based on defect in class itself but on class representative's defective claims. 		Civil Procedure Jun. 24, 2015
Litt v. Eisenhower Medical Center
Defendant may recover CCP 998 expert fees from plaintiff although co-defendant agreed to indemnify it for litigation costs. 		Civil Procedure Jun. 21, 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. 18, 2015
Benko v. Quality Loan Service Corp.
Plaintiffs met 'local controversy exception' under Class Action Fairness Act and court abused its discretion in denying plaintiffs leave to amend complaint. 		Civil Procedure Jun. 18, 2015
Womack v. Lovell
Homeowner is bound by admission that contractor was licensed and was not entitled to nonsuit based on contractor's failure to produce certificate of licensure. 		Civil Procedure Jun. 16, 2015
Naffe v. Frey
Political activist may maintain state law claims against county prosecutor in federal court following district court's erroneous decision regarding amount in controversy. 		Civil Procedure Jun. 15, 2015
David v. Medtronic Inc.
Presence of nominal defendant cannot defeat forum non conveniens dismissal where, in absence of nominal defendant, action can and should be pursued in alternative forum. 		Civil Procedure Jun. 14, 2015
Lee v. Silveira
Plaintiff is not entitled to recover CCP 998 fees because judgment was less than plaintiff's offer of compromise after negotiated rate differential is deducted. 		Civil Procedure Jun. 9, 2015
Flam v. Flam
A motion to remand is dispositive and, thus, is beyond the power of a magistrate judge to issue. 		Civil Procedure Jun. 8, 2015
Medina-Nunez v. Lynch
Where court and agency rulings conflict, agency ruling generally trumps and deserves <EM>Chevon</EM> deference, unless court's ruling was based upon unambiguous statutory language. 		Civil Procedure Jun. 8, 2015
Maroney v. Iacobsohn
Conditional grant of new trial a 'nullity with no legal effect;' renders plaintiff's new trial motion denied by operation of law. 		Civil Procedure Jun. 7, 2015
Escobedo v. Applebees
Employee's complaint is deemed filed on date it is delivered to court of clerk, regardless if it was submitted with an in forma pauperis application. 		Civil Procedure Jun. 4, 2015
Kohn Law Group v. Auto Parts Mfg. Miss.
Stay of litigation not an abuse of discretion under first-to-file rule, where similar parties and issues are being litigated in case elsewhere that was filed first. 		Civil Procedure Jun. 4, 2015
Allen v. Bedolla
District court fails to meet heightened procedural standard for review of settlement negotiated in absence of certified class. 		Civil Procedure Jun. 2, 2015
Greene v. Bank of America
Where criminal defendant unsuccessfully challenged veracity of principal witness in probable cause hearing, that finding has preclusive effect and stymies eventual malicious prosecution claim after defendant's acquittal. 		Civil Procedure May 31, 2015
Sela v. Medical Board of California
Trial court's judgment in physician disciplinary matter that affects status of physician's license is not directly appealable but reviewable only by means of extraordinary writ. 		Civil Procedure May 31, 2015
People v. Ford
Where defendant does not object to continuances of restitution hearing, he impliedly consents to eventual imposition of restitution after probationary period has expired. 		Civil Procedure May 28, 2015
Animal Protection and Rescue League v. City of San Diego
Municipality may be considered 'opposing party' for purposes of private attorney general fee statute despite its confessed error in writ petition challenging its action. 		Civil Procedure May 27, 2015
Leonard v. Superior Court
Case with amount in controversy over $25,000 should have been reclassified as unlimited upon filing of amended cross-complaint and twice attempting to pay reclassification fee. 		Civil Procedure May 26, 2015
Kim v. The True Church Members of the Holy Hill Community Church
Court properly defers to decision of highest ecclesiastical tribunal in dispute involving excommunication of members of two church factions. 		Civil Procedure May 25, 2015
Diaz-Barba v. Superior Court (Hahn)
Plaintiff may proceed with his action in California court although Mexico was more appropriate forum after Mexican court dismissals rendered that forum 'unavailable.' 		Civil Procedure May 25, 2015
Leeman v. Adams Extract & Spice LLC
Trial court may not unilaterally modify terms of settlement agreement with respect to stipulated attorney fees award and force parties to accept it. 		Civil Procedure May 21, 2015
Rosas v. BASF Corp.
Where employee relies on doctors' assurances and is not reasonably aware of the cause of his injury, toxic tort claims not barred by statute of limitations. 		Civil Procedure May 21, 2015
Kabran v. Sharp Memorial
Where plaintiff in medical negligence suit dies after trial, autopsy evidence giving more definite diagnosis as to plaintiff's injuries merits new trial. 		Civil Procedure May 20, 2015
United States v. Pickle
Failure to comply with supplemental civil procedure Rule G(6) does not vitiate standing to contest forfeiture. 		Civil Procedure May 19, 2015
Lee v. Silveira
Plaintiff is not entitled to recover CCP 998 fees because judgment was less than plaintiff's offer of compromise after negotiated rate differential is deducted. 		Civil Procedure May 18, 2015
Coleman v. Tollefson
Court may deny in forma pauperis status to prisoner who had accumulated three prior qualifying dismissals although appeal remained pending on one dismissal. 		Civil Procedure May 18, 2015
Faton v. Ahmedo
Prevailing party in does not waive right to seek statutory attorney fees by not pleading and proving them at trial, where such fees are incidental to the principal cause of action. 		Civil Procedure May 17, 2015
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