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Gaines v. Fidelity National Title Insurance Co.
Homeowners miss five-year deadline to bring fraud case to trial even though they unsuccessfully tried to mediate for 120 days.
Civil Procedure Dec. 12, 2013
Edwards v. Broadwater Casitas Care Center
Losing plaintiff may appeal trial court's cost and fee awards despite bankruptcy court confirmation plan, which ordered her to pay part of awards.
Civil Procedure Dec. 5, 2013
Atlantic Marine Construction Co. Inc. v. U.S. District Court
District court should have transferred case between construction companies to Virginia because parties agreed to bring dispute in Virginia under forum-selection clause.
Civil Procedure Dec. 3, 2013
Mondragon v. Capital One Auto Finance
California state court may not take proposed class action from federal court without some evidence showing two-thirds of class members are California citizens.
Civil Procedure Nov. 28, 2013
Optimal Markets Inc. v. Salant
Attorneys do not have to pay sanctions in trial court for filing allegedly frivolous claim, which was decided entirely by arbitrator.
Civil Procedure Nov. 26, 2013
Conseco Marketing LLC v. IFA and Insurance Services Inc.
LLC does not have to qualify to do business in California to enforce another state's judgment in California superior court.
Civil Procedure Nov. 24, 2013
Norberg v. California Coastal Commission
Owner of private oceanfront property cannot recover attorney fees by claiming he benefited public by invalidating permit conditions on his property.
Civil Procedure Nov. 17, 2013
JKC3H8 v. Colton
Although defendants could have initially dodged claims based on their free speech rights, plaintiff’s removal of those allegations renders their attempt moot.
Civil Procedure Nov. 14, 2013
Sweeting v. Murat
Attorney properly serves notice of motion and supporting documents to litigant's mailbox unit, which was neither his residence, nor his workplace.
Civil Procedure Nov. 14, 2013
Vesco v. Superior Court (Newcomb)
Homeowner may examine ex-girlfriend’s request under Americans with Disabilities Act to postpone trial involving home where she lived rent-free.
Civil Procedure Nov. 7, 2013
Montoya v. Barragan
New trial is needed in case of doctor, who possibly caused patient’s death by delaying treatment, because first trial had ‘irregularity in the proceedings.’
Civil Procedure Oct. 30, 2013
Medical Protective Co. v. Pang
Doctor may recover attorney fees following settlement of lawsuit by insurance company, which alleged he hid malpractice claim when he applied for extra coverage.
Civil Procedure Oct. 28, 2013
Mave Enterprises Inc. v. The Travelers Indemnity Co. of Connecticut
Superior court does not need to wait for federal court's decision before confirming arbitration award in case, which was initially filed in superior court.
Civil Procedure Oct. 24, 2013
Mt. Holyoke Homes L.P. v. Jeffer Mangels Butler & Mitchell LLP
Arbitrator’s award is thrown out due to failure to disclose his resume, which named partner of firm involved in legal malpractice matter.
Civil Procedure Oct. 22, 2013
Wallis v. PHL Associates Inc.
Trial court's failure to issue statement of its tentative decision warrants new trial because judge who heard case was no longer available.
Civil Procedure Oct. 18, 2013
Aguilar v. Gostischef
Insurer must pay more than $1 million in costs to man, who lost his leg in car accident, after rejecting his pre-trial offer, which was above policy limits.
Civil Procedure Oct. 14, 2013
Diaz v. First American Home Buyers Protection Corp.
Warranty plan provider may not escape homeowner’s lawsuit based on her rejection of its offer to resolve her claims.
Civil Procedure Oct. 7, 2013
Kurwa v. Kislinger
Court of Appeal may not decide appeal in case where parties voluntarily dismissed their claims, intending to preserve claims for a later appeal.
Civil Procedure Oct. 4, 2013
Mave Enterprises Inc. v. The Travelers Indemnity Co. of Connecticut
Superior court does not need to wait for federal court's decision before confirming arbitration award in case, which was initially filed in superior court.
Civil Procedure Sep. 27, 2013
Andreini & Co. v. MacCorkle Insurance Service Inc.
Insurance company prevails in appeal of trade secret lawsuit, but may not recover high amounts of interest because it borrowed large amount to pay judgment.
Civil Procedure Sep. 26, 2013
Romo v. Teva Pharmaceuticals USA Inc.
Class action involving Teva's pain medication is sent back to California's courts because plaintiffs could not try their claims together as a federal mass action.
Civil Procedure Sep. 25, 2013
Fox Johns Lazar Pekin & Wexler APC v. Superior Court (Brewer Corp.)
In trying to enforce win, lawsuit's winner may not ask for information from other party’s lawyers except regarding money winner is owed.
Civil Procedure Sep. 25, 2013
Mt. Holyoke Homes L.P. v. Jeffer Mangels Butler & Mitchell LLP
Arbitrator’s award is thrown out due to failure to disclose his resume, which named partner of firm involved in legal malpractice matter.
Civil Procedure Sep. 25, 2013
Las Vegas Land and Development Co. LLC v. Wilkie Way LLC
Trial court is not required to throw out its summary judgment decision in light of losing party's claim that it failed to oppose due to bad lawyering.
Civil Procedure Sep. 20, 2013
Macaluso v. Superior Court (Lennar Land Partners II LLC)
Attorney may appeal trial court's order requiring him to provide documents in response to subpoenas regarding collection of $50 million judgment.
Civil Procedure Sep. 19, 2013
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Sep. 11, 2013
Benitez v. Williams
State court may not dismiss plaintiff's case after he failed to litigate his lawsuit, including state law claims, in federal court.
Civil Procedure Sep. 3, 2013
Rodriguez v. AT&T Mobility Services LLC
Lead plaintiff may not send class action back to state court by asserting that class waived claims exceeding $5 million minimum for federal jurisdiction.
Civil Procedure Aug. 28, 2013
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Aug. 15, 2013
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Aug. 8, 2013