Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B319338
|
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 |
|
M. Stratton | Aug. 11, 2023 |
22-15466
|
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 |
|
M. Bennett | Aug. 4, 2023 |
22-15162
|
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 |
|
K. Lee | Aug. 3, 2023 |
B321229
|
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 |
|
V. Chaney | Aug. 1, 2023 |
B314900
|
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 |
|
E. Grimes | Jul. 31, 2023 |
22-70092
|
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 |
|
D. Forrest | Jul. 28, 2023 |
22-55489
|
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 |
|
D. Collins | Jul. 27, 2023 |
20-35733
|
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 |
|
C. Bea | Jul. 13, 2023 |
22-35161
|
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 |
|
D. Forrest | Jul. 13, 2023 |
20-56003
|
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 |
|
J. Wallace | Jul. 12, 2023 |
22-55294
|
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 |
|
P. Curiam | Jul. 12, 2023 |
G062374
|
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 |
|
T. Delaney | Jul. 12, 2023 |
A164736
|
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 |
|
J. Whitman | Jul. 7, 2023 |
B311859
|
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 |
|
M. Stratton | Jul. 6, 2023 |
21-17001
|
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 |
|
S. Graber | Jul. 6, 2023 |
E077153
|
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 |
|
M. Slough | Jul. 3, 2023 |
A163903
|
Modification: Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff. |
Civil Procedure |
|
J. Streeter | Jun. 30, 2023 |
F083763
|
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 |
|
C. Poochigian | Jun. 29, 2023 |
C095490
|
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 |
|
H. Hull | Jun. 27, 2023 |
S270798
|
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 |
|
L. Kruger | Jun. 27, 2023 |
22-35099
|
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 |
|
P. Bumatay | Jun. 26, 2023 |
C094482
|
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 |
|
L. Mauro | Jun. 19, 2023 |
21-1052
|
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 |
|
E. Kagan | Jun. 19, 2023 |
21-35936
|
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 |
|
E. Miller | Jun. 15, 2023 |
21-56228
|
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 |
|
W. Fletcher | Jun. 14, 2023 |
22-35474
|
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 |
|
R. Clifton | Jun. 14, 2023 |
A164736
|
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 |
|
J. Whitman | Jun. 12, 2023 |
22-15162
|
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 |
|
K. Lee | Jun. 8, 2023 |
22-70143
|
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 |
|
R. Clifton | Jun. 6, 2023 |
A163903
|
Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff. |
Civil Procedure |
|
J. Streeter | Jun. 5, 2023 |