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Metabyte v. Technicolor S.A.
Equitable tolling doctrine may apply where technology company first attempted several legal remedies in France thereby missing the statute of limitations for similar causes of action in California.
Civil Procedure 2DCA/8 Aug. 11, 2023
Ernest Bock, LLC v. Steelman
District court's order staying case was improper because there was substantial doubt as to whether parallel state proceedings would resolve the federal action.
Civil Procedure 9th Aug. 4, 2023
Amended Opinion: Lowery v. Rhapsody International, Inc.
In copyright case, district court erred in awarding over $1.7 million in attorneys' fees when the class members' actual recovery amount was only a little over $50,000.
Civil Procedure 9th Aug. 3, 2023
Pollock v. Superior Court (Schuster)
Plaintiff's counsel reasonably cured the written discovery defect by providing a table that listed which documents applied with each request for production, which gave substantial justification to oppose motion to compel further response.
Civil Procedure 2DCA/1 Aug. 1, 2023
Dollase v. Wanu Water Inc.
Despite not including a responsive pleading, motion to vacate default judgment was in the proper form where the defendant demonstrated it attempted to file motion to quash service.
Civil Procedure 2DCA/8 Jul. 31, 2023
Kirkland v. USBC, Los Angeles
Mandamus relief warranted where the rule governing subpoena power had not changed and did not except remote appearances from geographical limitations on power to compel witnesses to testify at trial.
Civil Procedure 9th Jul. 28, 2023
Jones v. L.A. Central Plaza, LLC
District court improperly applied *Ashcroft v. Iqbal* to determine standing issue rather than ruling on that issue based on motions for summary judgment.
Civil Procedure 9th Jul. 27, 2023
Hymas v. U.S. Dept. of Interior
District court's imposition of partial filing fee on pro se plaintiff proceeding in forma pauperis totaling 10 percent of his cash was not an abuse of discretion.
Civil Procedure 9th Jul. 13, 2023
Moe v. GEICO Indemnity Co.
Evidentiary inquiry was needed to determine whether the Class Action Fairness Act's amount-in-controversy requirement was satisfied such that the district court had subject matter jurisdiction over putative class action.
Civil Procedure 9th Jul. 13, 2023
Love v. Villacana
If a federal action is dismissed for lack of Article III standing and a plaintiff opts to refile in state court (rather than appeal the dismissal), a defendant waives any jurisdictional issue preclusion argument upon voluntary removal of the lawsuit back to federal court.
Civil Procedure 9th Jul. 12, 2023
Patel v. City of Los Angeles
Defendants' argument, that they were deprived of notice before Los Angeles City seized their personal and business bank funds to satisfy a judgment, failed because there was minimal risk of erroneous deprivation.
Civil Procedure 9th Jul. 12, 2023
Longobardo v. Avco Corporation
Although an order denying motion for summary judgment was dispositive of the parties' rights regarding statute of repose, it was not appealable because it did not require payment or performance.
Civil Procedure 4DCA/3 Jul. 12, 2023
Modification: Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings.
Civil Procedure 1DCA/4 Jul. 7, 2023
Braugh v. Dow
Defendant's motion to vacate default was timely because the judgment was void, as plaintiff had improperly served the summons herself.
Civil Procedure 2DCA/8 Jul. 6, 2023
Herbal Brands, Inc. v. Photoplaza, Inc.
Because defendants' actions met expressly-aimed requirement establishing sufficient minimum contacts, Arizona district court had personal jurisdiction over defendants who used their Amazon storefronts to sell plaintiff's brand of products.
Civil Procedure 9th Jul. 6, 2023
City of San Clemente v. Dept. of Transportation
Trial court erred as a matter of law by deeming environmental parties ineligible for attorneys' fees.
Civil Procedure 4DCA/2 Jul. 3, 2023
Modification: Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff.
Civil Procedure 1DCA/4 Jun. 30, 2023
Schmidt v. Trinut Farm Management
Forum selection clause required the trial court to consider jurisdiction under Illinois law where there was a substantial relationship between Illinois and the parties to the contract.
Civil Procedure 5DCA Jun. 29, 2023
Lauckhart v. El Macero Homeowners Assn.
Trial court correctly sustained demurrer without leave to amend where, despite several amendments, the complaint failed to plead fraud with particularity.
Civil Procedure 3DCA Jun. 27, 2023
Law Finance Group, LLC v. Key
Code of Civil Procedure Section 1288.2's deadline for seeking vacatur of an arbitral award is a nonjurisdictional statute of limitations.
Civil Procedure CASC Jun. 27, 2023
Davis v. Cranfield Aerospace Solutions, Ltd.
Idaho District Court lacked personal jurisdiction over English aerospace company in an action brought by plaintiffs from Louisiana and Indiana stemming from a plane crash that occurred in Indiana.
Civil Procedure 9th Jun. 26, 2023
Shah v. Dept. of Human Resources
State employee's claim was timed barred by specific limitations period provided for claims related to laws administered by CalHR that took precedence over more general period provided for government claims.
Civil Procedure 3DCA Jun. 19, 2023
United States ex rel. Polansky v. Executive Health Resources, Inc.
The Government may move to dismiss a qui tam action under the False Claims Act regardless of whether it intervened during the seal period or later during the action.
Civil Procedure USSC Jun. 19, 2023
Wildearth Guardians v. U.S. Forest Service
Environmental groups lacked standing where they could not demonstrate possible lethal removal of wolves from Colville Forest was traceable to U.S. Forest Service, which neither regulated nor performed removals.
Civil Procedure 9th Jun. 15, 2023
U.S. v. PetroSaudi Oil Services
Funds held in account controlled by High Court of England and Wales were not shielded by Foreign Sovereign Immunities Act because privately-owned corporate entity still retained ownership of the funds.
Civil Procedure 9th Jun. 14, 2023
Donovan v. Vance
Federal employees' and contractors' challenge to Executive Orders mandating COVID-19 vaccines was moot since recent Executive Order explicitly revoked the challenged Orders.
Civil Procedure 9th Jun. 14, 2023
Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings.
Civil Procedure 1DCA/4 Jun. 12, 2023
Lowery v. Rhapsody International, Inc.
In copyright case, district court erred in awarding over $1.7 million in attorneys' fees when the class members' actual recovery amount was only a little over $50,000.
Civil Procedure 9th Jun. 8, 2023
In re: Klamath Irrigation District v. USDC-ORM (U.S. Bureau of Reclamation; Oregon Water Resources Dept.)
Writ of mandate was not appropriate where district court correctly concluded that state court could not have prior exclusive jurisdiction over issues because it lacked jurisdiction over those issues.
Civil Procedure 9th Jun. 6, 2023
Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff.
Civil Procedure 1DCA/4 Jun. 5, 2023