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Investors Equity Life Holding Co. v. Schmidt
Outright dismissal of California lawsuit concerning liquidation action in Hawaii is improper even though Hawaii might be suitable alternate forum.
Civil Procedure Feb. 5, 2015
Volpicelli v. U.S.
Because 26 U.S.C. § 6532 is not 'jurisdictional,' its limitations period may be equitably tolled.
Civil Procedure Feb. 2, 2015
Velasquez v. Centrome
Court informing jurors of personal injury plaintiff’s undocumented status deemed an error.
Civil Procedure Feb. 2, 2015
Gray1 v. SCC Acquisitions
Payment of judgment with certified cashier’s check renders subsequent attorney fee request untimely.
Civil Procedure Jan. 29, 2015
Maroney v. Iacobsohn
Service of judgment by plaintiff upon defendant does not trigger jurisdictional limits when plaintiff moves for new trial.
Civil Procedure Jan. 29, 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 Jan. 28, 2015
Greenwell v. Auto-Owners Ins. Co.
Personal jurisdiction lacking where defendant’s connection to California did not bear a substantial relationship to the instant legal claim.
Civil Procedure Jan. 28, 2015
Murray & Murray v. Raissi Real Estate Development LLC
Default judgment set aside where defendant’s address is not ‘unknown’ merely because plaintiff failed to effect personal service at that address.
Civil Procedure Jan. 22, 2015
Gelboim v. Bank of America Corp.
Dismissal of case from consolidated proceeding triggers party’s right to appeal pursuant to 28 U.S.C. Section 1291.
Civil Procedure Jan. 22, 2015
Kilker v. Stillman
Funds in bank account that are proven to be from Social Security payment, even if they were not directly deposited.
Civil Procedure Jan. 21, 2015
Stofer v. Shapell Industries Inc.
Homeowner is entitled to jury trial on disputed facts underlying homebuilder’s accrual defense in construction defect case.
Civil Procedure Jan. 20, 2015
Burdick v. Superior Court
Defamatory Facebook post made by Illinois resident about California resident is not enough, by itself, to create specific personal jurisdiction over defendant.
Civil Procedure Jan. 16, 2015
Save Westwood Village v. Luskin
Action to rescind donation toward construction of conference center at UCLA is not public interest lawsuit and, therefore, not exempt from anti-SLAPP statute.
Civil Procedure Jan. 16, 2015
Hyundai v. Lee
Foreign judgment for indemnity of a criminal fine appropriately enforced by California court.
Civil Procedure Jan. 15, 2015
Hyundai v. Lee
Foreign judgment for indemnity of a criminal fine appropriately enforced by California court.
Civil Procedure Jan. 14, 2015
Gonsalves v. Li
Party may not be examined at trial about negative responses to requests for admission.
Civil Procedure Jan. 14, 2015
Coastal Surgical Institute v. Blevins
Advance payment of damages tolls statute of limitations in medical malpractice suit.
Civil Procedure Jan. 13, 2015
Ibarra v. Manheim Investments Inc.
When class action plaintiff, seeking remand to state court, challenges amount in controversy, both sides must have opportunity to submit proof on issue.
Civil Procedure Jan. 9, 2015
LaCross v. Knight Transportation Inc.
$44 million amount-in-controversy estimate based on reasonable chain of logic and assumptions entitles defendant to remove to federal court.
Civil Procedure Jan. 9, 2015
Campion v. Old Republic Protection Co. Inc.
Class representative’s settlement of individual claims renders appeal over denial of class certification moot because he no longer had personal, financial stake.
Civil Procedure Jan. 2, 2015
Wells Fargo Bank N.A. v. The Best Service Co. Inc.
Trial court’s denial of stay motion is not appealable where it is unaccompanied by any motion or petition to compel arbitration.
Civil Procedure Dec. 18, 2014
Southern California Gas Co. v. Flannery
Trial court properly denies anti-SLAPP motion in interpleader action because interpleader faced threat of liability on competing claims to settlement funds.
Civil Procedure Dec. 17, 2014
Dart Cherokee Basin Operating Co. LLC v. Owens
Class Action Fairness Act does not require notice of removal to include detailed proof that amount in controversy exceeds $5 million.
Civil Procedure Dec. 16, 2014
Saldana v. Occidental Petroleum Corp.
Plaintiffs cannot sue American company for its alleged involvement in killing of union leaders in Colombia because it involves nonjusticiable political question.
Civil Procedure Dec. 16, 2014
Conservatorship of Townsend
Lender may not extend 60-day time period within which to appeal by filing motion to set aside and vacate judgment with temporary judge, rather than court clerk.
Civil Procedure Dec. 15, 2014
Safari Associates v. Superior Court (Tarlov)
Arbitrator’s attorney fee award is proper although arbitrator applied ‘prevailing party’ definition under Civil Code, and not as defined under arbitration agreement.
Civil Procedure Dec. 2, 2014
Bunker Hill Park Ltd. v. U.S. Bank National Association
Trial court must compel arbitration of dispute that falls within broadly worded arbitration provision of ground lease, even if dispute is not yet ‘ripe.’
Civil Procedure Nov. 30, 2014
Laffitte v. Robert Half International Inc.
33.3 percent calculation of class counsel attorney fees paid from $19 million class settlement common fund is proper as a reasonable percentage.
Civil Procedure Nov. 23, 2014
Negro v. Superior Court (Navalimpianti USA Inc.)
Gmail account holder's consent to production of emails in accordance with Florida court order permits Google to disclose emails without violating Stored Communications Act.
Civil Procedure Nov. 19, 2014
Corber v. Xanodyne Pharmaceuticals Inc.
Class Action Fairness Act provides federal court jurisdiction over actions against pharmaceutical companies by plaintiffs who sought coordination ‘for all purposes.’
Civil Procedure Nov. 18, 2014