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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 Nov. 17, 2014
Overstock.com Inc. v. The Goldman Sachs Group Inc.
In Overstock.com investor litigation, trial court mistakenly seals thousands of irrelevant pages of documents submitted in opposition to summary judgment motions.
Civil Procedure Nov. 13, 2014
Garcia v. Lacey
Trial court improperly declares inmate vexatious litigant based on prior cases he attempted to file, but could not, because his fee waiver applications were denied.
Civil Procedure Nov. 12, 2014
John v. Superior Court (Chan)
Vexatious litigant, who is defendant in current action, may appeal adverse judgment without first obtaining leave to file her appeal.
Civil Procedure Nov. 10, 2014
Giorgio v. Synergy Management Group LLC
Service by publication in Los Angeles Daily Journal is proper where defendant could not be served personally or by mail, despite plaintiff's reasonable diligence.
Civil Procedure Nov. 9, 2014
Thurbon v. Gateway Unified School District
Appellate court lacks jurisdiction to hear attorney’s appeal over district courts’ finding of ethical violations, which was intertwined with disqualification order.
Civil Procedure Nov. 6, 2014
Evilsizor v. Sweeney
Litigant must pay attorney fee sanctions for pursuing motion to quash that was legitimately filed, but was rendered unnecessary by withdrawal of subpoena.
Civil Procedure Oct. 28, 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 Oct. 21, 2014
Nixon Peabody LLP v. Superior Court (Cabot Golf CL-PP 1 LLC)
Client who authorized attorney to voluntarily dismiss action may not set aside dismissal as void, even when decision was based on erroneous legal advice.
Civil Procedure Oct. 19, 2014
Lightfoot v. Cendant Mortgage Corp.
Federal court may preside over homeowners’ claims against Fannie Mae according to federal charter, which specifically confers federal jurisdiction.
Civil Procedure Oct. 2, 2014
The Otay Ranch LP v. County of San Diego (Flat Rock Land Co. LLC)
Attorney and paralegal costs in preparing administrative record on behalf of county may be recovered as costs when reasonably and necessarily incurred.
Civil Procedure Sep. 29, 2014
C.S. v. W.O.
Trial court must waive court fees because applicant received public benefits, even if she paid $1,000 for expedited reporter's transcript with help from family and friends.
Civil Procedure Sep. 28, 2014
Cooper v. Lavely & Singer Professional Corp.
Arbitrator may not revise final arbitration award to include attorney fees after he already made substantive ruling in final award denying attorney fees.
Civil Procedure Sep. 28, 2014
Vasquez v. California School of Culinary Arts Inc. (Sallie Mae Inc.)
Former students are entitled to attorney fees incurred in opposing student loan servicer’s refusal to comply with subpoena that sought electronic loan documents.
Civil Procedure Sep. 28, 2014
Ducoing Management Inc. v. Superior Court (Winston & Associates Insurance Brokers Inc.)
Appellate court's reversal of judgment 'in all other respects' includes trial court's costs award, even if judgment of nonsuit as to other plaintiff was upheld.
Civil Procedure Sep. 21, 2014
Butler v. National Community Renaissance of California
Amended complaint adding new defendants is properly dismissed where original complaint fails to show defendants should have known they would be named, but for error.
Civil Procedure Sep. 14, 2014
Connerly v. State of California
Litigant may add equal protection claim to complaint against California in challenge to method of selecting members for California Citizens Redistricting Commission.
Civil Procedure Sep. 3, 2014
Suarez v. City of Corona
City may not recover defense costs against plaintiff’s attorneys for maintaining lawsuit against city, which trial court ultimately determined was frivolous.
Civil Procedure Sep. 1, 2014
United Health Centers of the San Joaquin Valley Inc. v. Superior Court (Vradenburg-Haworth)
Arbitration award is improperly vacated based on arbitrator’s failure to disclose, where trial court could have found counsel forfeited right to vacate on that basis.
Civil Procedure Aug. 25, 2014
Doyle v. OneWest Bank FSB
District court must determine citizenship of proposed plaintiff class based on complaint on date case became removable for purposes of Class Action Fairness Act exceptions.
Civil Procedure Aug. 24, 2014
Martinez v. Aero Caribbean
California may not decide action because service of process on foreign corporation’s officer in state did not authorize personal jurisdiction over corporation.
Civil Procedure Aug. 21, 2014
Kaufman v. Diskeeper Corp.
While seeking contract-based attorney fees, prevailing defendant is not required to file memorandum of costs in addition to its attorney fees motion.
Civil Procedure Aug. 21, 2014
People v. McGraw-Hill Companies Inc.
Order denying anti-SLAPP special motion to strike is not appealable when public prosecutor brought underlying action to enforce consumer protection laws.
Civil Procedure Aug. 18, 2014
Carlton v. Dr. Pepper Snapple Group Inc.
Demurrer may be filed 30 days after amended complaint is filed, since rule providing 10-day filing period only applies when no amended complaint is filed.
Civil Procedure Aug. 14, 2014
Hendershot v. Ready To Roll Transportation Inc.
In denying class certification, trial court improperly considers merits of defenses based on agreements with putative class members, which defendant withheld from plaintiffs.
Civil Procedure Aug. 14, 2014
K.C. v. Torlakson
District court has ancillary jurisdiction over post-judgment attorney fees motion, which was independent of its jurisdiction to enforce settlement agreement.
Civil Procedure Aug. 11, 2014
Young v. Daimler AG
California plaintiff may not sue German car manufacturer in California based on its alleged connection with another company that did business in California.
Civil Procedure Aug. 5, 2014
Ringgold-Lockhart v. County of Los Angeles
Federal court may not impose pre-filing order against allegedly vexatious litigants based largely on their motions practice without considering less restrictive sanctions.
Civil Procedure Aug. 4, 2014
Smith v. Mylan Inc.
District court may not, on its own motion, remand wrongful death claim to state court although claim was removed beyond one-year removal period.
Civil Procedure Aug. 4, 2014
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
New York drug maker Bristol-Myers Squibb must face claims filed in California by non-California residents regarding its allegedly defective drug, Plavix.
Civil Procedure Jul. 31, 2014