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Williams v. Superior Court
In PAGA action, motion to compel discovery of list of statewide retail-store employees is properly denied as premature; reasonable for discovery to proceed in a more incremental fashion.` 		Civil Procedure May 17, 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 12, 2015
Bergstein v. Strook & Strook & Lavan LLP
Anti-SLAPP statute bars claims against attorneys protected by the litigation privilege. 		Civil Procedure May 10, 2015
Rodriguez v. Cho
Default judgment in wrongful termination action is void for exceeding amount of damages stated in complaint. 		Civil Procedure May 7, 2015
United States v. Brown
FRCP 23(b) gives trial court discretion to continue with 11 jurors after one is dismissed during deliberations, even where alternate jurors are available. 		Civil Procedure May 3, 2015
PegaStaff v. California Public Utilities Commission
Trial court lacks jurisdiction to preside over constitutional challenge that would effectively interfere with CPUC's performance of its official duties. 		Civil Procedure Apr. 30, 2015
Miles v. Deutsche Bank
Demurrer and grant of summary judgment must be reversed where mortgagor adequately stated his claims and court incorrectly applied contract rather than tort measure of damages on wrongful disclosure claim. 		Civil Procedure Apr. 30, 2015
Cholakian & Associates v. Superior Court (McDonold)
In multi-defendant case filed in wrong venue, answer must be filed by all defendants before trial court may consider opposition to motion to transfer venue. 		Civil Procedure Apr. 29, 2015
People ex. Rel. California Dept. of Transportation v. Hansen’s Truck Stop Inc.
Property owner may be entitled to recover litigation expenses related to eminent domain action state instituted for purposes of building highway interchange. 		Civil Procedure Apr. 27, 2015
Jocelyn Allen v. The Boeing Company
Local single event exception under CAFA does not apply where Plaintiffs claims are against different defendants for separate activities. 		Civil Procedure Apr. 27, 2015
Seismic Reservoir 2020 Inc. v. Paulsson
Shareholder’s counterclaim fails because relief sought under Alberta Business Corporations Act could only be enforced in designated tribunal—in Alberta, Canada. 		Civil Procedure Apr. 27, 2015
Anderson v. Geist
Execution of arrest warrant by peace officers not activity protected by anti-SLAPP statute. 		Civil Procedure Apr. 23, 2015
Flethez v. San Bernardino County Employees Retirement Association
Former county employee is not entitled to prejudgment interest on retroactive disability retirement benefits that have not yet vested. 		Civil Procedure Apr. 22, 2015
Pasternack v. McCullough
Attorney successfully defeats malicious prosecution action where complainant failed to show underlying action terminated in his favor. 		Civil Procedure Apr. 19, 2015
In re County of Orange
Federal court sitting in diversity should have applied more protective state law instead of federal law to evaluate validity of pre-dispute jury trial waiver. 		Civil Procedure Apr. 16, 2015
U.S. v. Gonzalez Becerra
Sentencing Guideline commentary defining ‘victims’ of mail theft is compatible with the term ‘victims’ in U.S.S.G. §2B1.1. 		Civil Procedure Apr. 14, 2015
People v. Diaz
Motion to release confidential juror identifying information made after conviction, sentence and appeal is untimely and defendant’s appeal must be dismissed. 		Civil Procedure Apr. 14, 2015
United States v. Aguilar
Grant of default judgment does not require court to articulate why the case presents ‘extreme circumstances;’ lack of meritorious defense justifies denial of appellants’ motion to set aside default. 		Civil Procedure Apr. 12, 2015
C.W. v. Capistrano Unified Sch. Dist.
Deliberate ruling below by Administrative Law Judge helps substantiate plaintiff’s claims as non-frivolous. 		Civil Procedure Apr. 9, 2015
County of L.A. v. Williamsburg National Ins. Co.
Surety requesting extension as to bail forfeiture must be given hearing before summary judgment may be entered. 		Civil Procedure Apr. 6, 2015
Eminence Investors v. BNYM
No federal jurisdiction where ‘securities exception’ under CAFA applies to case brought by holders of bonds against bank. 		Civil Procedure Apr. 2, 2015
Carian v. Dept. Fish & Wildlife
Notification to only some relevant parties not enough to meet ‘reasonable attempt to settle’ standard as it relates to attorney fees provision. 		Civil Procedure Apr. 2, 2015
DeCambre v. Rady Children’s Hospital-San Diego
Physician defeats San Diego hospital’s anti-SLAPP motion because her harassment claim did not arise from protected activity. 		Civil Procedure Apr. 2, 2015
Jordan v. Nationstar Mortgage LLC
Removal under CAFA is timely although it was more than two years after case became removable on federal question grounds. 		Civil Procedure Apr. 1, 2015
Reyes v. Dollar Tree Stores
Federal court has jurisdiction because state court’s class certification order created CAFA jurisdiction by expanding amount-in-controversy. 		Civil Procedure Apr. 1, 2015
Britton v. Girardi
Probate Code § 16460’s duty of inquiry triggered when plaintiffs received insufficient settlement information from defendants in 1997; thus, 2012 suit barred by statute of limitations. 		Civil Procedure Apr. 1, 2015
Simplon Ballpark, LLC v. Scull
Failure to raise presumption of invalidity of proof of service bars challenge on appeal. 		Civil Procedure Mar. 30, 2015
Sussex v. U.S. District Court
‘Evident partiality’ of arbitrator must be supported by a significant showing before district court can disqualify such arbitrator. 		Civil Procedure Mar. 29, 2015
BNSF Railway Co. v. Superior Court (Kralovetz)
California lacks jurisdiction over out-of-state corporation even though it conducted substantial business in the state. 		Civil Procedure Mar. 29, 2015
Yee v. American National Insurance Co.
Preliminary injunction that is indistinguishable from judgment on the merits is improper, where extrinsic evidence is required. 		Civil Procedure Mar. 24, 2015
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