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Dept. of Fair Employment & Housing v. Ottovich
Trial court does not need to reinstate defendant’s previously stricken answer where it vacated default judgment before granting judgment to plaintiff on liability.
Civil Procedure Jul. 22, 2014
Luckey v. Superior Court (Cotton On USA Inc.)
Putative class representative may not consent to temporary judge on behalf of absent members for purpose of settlement approval, when class had not yet been certified.
Civil Procedure Jul. 22, 2014
Ochoa v. Dorado
Driver’s motions for new trial and judgment notwithstanding verdict are premature and have no effect, when they were filed before case was fully decided.
Civil Procedure Jul. 22, 2014
Singh v. Lipworth
Defendant obtains sanctions against plaintiff, who filed frivolous appeal, which sought to relitigate previously decided issues, including use of alias in property transfer.
Civil Procedure Jul. 6, 2014
Dept. of Fair Employment & Housing v. Ottovich
Trial court does not need to reinstate defendant’s previously stricken answer where it vacated default judgment before granting judgment to plaintiff on liability.
Civil Procedure Jun. 30, 2014
Naser v. Lakeridge Athletic Club
Personal injury plaintiff may not tax defendant's costs incurred in deposing custodian of records for each of plaintiff's health care providers, including photocopying.
Civil Procedure Jun. 29, 2014
Staub v. Kiley
Doctor may not preclude patient’s expert testimony because he failed to include mandatory five-day extension in setting date for expert witness exchange disclosures.
Civil Procedure Jun. 17, 2014
Hill v. Degery
Trial court does not need to apportion fees between two defendants when calculating attorney fees, because same defenses applied to both of them.
Civil Procedure Jun. 10, 2014
Laguna v. Coverall North America Inc.
District court correctly approves settlement agreement, where proceeding with class action would have posed significant risks to the plaintiff class.
Civil Procedure Jun. 4, 2014
Wilcox v. Arpaio
Federal privilege law governs admissibility of documents and testimony regarding enforceability of alleged settlement, where both federal and state law claims are involved.
Civil Procedure Jun. 3, 2014
Litwin v. iRenew Bio Energy Solutions LLC
Notice of settlement to class members violates due process by requiring objectors to come to final approval hearing to have their objections heard.
Civil Procedure May 30, 2014
Litwin v. iRenew Bio Energy Solutions LLC
Notice of settlement to class members violates due process by requiring objectors to come to final approval hearing to have their objections heard.
Civil Procedure May 29, 2014
Bisno v. Kahn
Forbearance agreement to delay collection of judgment in exchange for remuneration beyond normal interest rate does not violate California’s usury law.
Civil Procedure May 28, 2014
Mega RV Corp. HWH Corp.
Hydraulics manufacturer may not recover attorney fees from motor home retailer under ‘tort of another’ doctrine, because underlying case did not involve any torts.
Civil Procedure May 22, 2014
Cottini v. Enloe Medical Center
Wheelchair athlete, who sued hospital for its employees’ negligence, may not offer expert witness testimony after failing to disclose witnesses by discovery cutoff date.
Civil Procedure May 22, 2014
Orion Communications Inc. v. Superior Court (Sameis Holdings LLC)
Corporation may not exercise peremptory challenge to remove judge, because it failed to show it was opposed to another party who had previously used challenge.
Civil Procedure May 15, 2014
Digital Music News LLC v. Superior Court (Escape Media Group LLC)
Los Angeles Superior Court cannot force online news outlet to reveal identity of anonymous commenter, who contradicted defense in pending New York action.
Civil Procedure May 15, 2014
California Crane School Inc. v. National Commission For Certification of Crane Operators
Trial court may impose 10-day limit on trial involving dispute between crane operator training facility and certifying entity, because that time frame was reasonable.
Civil Procedure May 9, 2014
City of Pomona v. SQM North America Corp.
City of Pomona may present expert witness testimony of scientist who used ‘stable isotope analysis’ to determine cause of water system’s contamination.
Civil Procedure May 5, 2014
deSaulles v. Community Hospital of the Monterey Peninsula
Employee is entitled to mandatory costs in dispute with employer that ended in partial dismissal because she received 'net monetary recovery' via settlement payment.
Civil Procedure May 5, 2014
Mega RV Corp. HWH Corp.
Hydraulics manufacturer may not recover attorney fees from motor home retailer under ‘tort of another’ doctrine, because underlying case did not involve any torts.
Civil Procedure May 1, 2014
Bisno v. Kahn
Forbearance agreement to delay collection of judgment in exchange for remuneration beyond normal interest rate does not violate California’s usury law.
Civil Procedure Apr. 28, 2014
Meritage Homes of Nevada Inc. v. Federal Deposit Insurance Corp.
FDIC may satisfy judgment with receiver’s certificate, rather than cash payment, because otherwise, creditors would ‘jump the line’ and recover unfairly.
Civil Procedure Apr. 16, 2014
Yokeno v. Sekiguchi
District Court of Guam lacks authority to decide business dispute between permanent resident of Guam and defendants who lived in Japan.
Civil Procedure Apr. 16, 2014
Horath v. Hess
Car accident victim is bound by stipulation to accept lesser of arbitrator’s award and $100,000 in full satisfaction of judgment, despite award over $300,000.
Civil Procedure Apr. 11, 2014
Rosen v. LegacyQuest
Creditor may obtain attorney fees against sureties, who she was forced to file suit against in order to enforce judgment in her favor.
Civil Procedure Apr. 10, 2014
Gray1 CPB LLC v. SCC Acquisitions Inc.
Judgment debtor cannot obtain additional post-judgment attorney fees, even if creditor delivered cashier’s check to fully satisfy judgment two years late.
Civil Procedure Apr. 10, 2014
Rouse v. Wachovia Mortgage FSB
Wells Fargo may remove California citizens’ lawsuit to federal court based on federal ‘diversity of citizenship’ where its main office was not in California.
Civil Procedure Mar. 28, 2014
Pielstick v. MidFirst Bank
Property owner is not entitled to voluntarily dismiss his complaint so he could refile because trial already started at demurrer hearing, making it untimely.
Civil Procedure Mar. 27, 2014
Tattersalls Ltd. v. DeHaven
District court may correct judgment to include award, where it always intended to award damages, but overlooked deadline for filing motion to amend.
Civil Procedure Mar. 24, 2014