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Lagstein v. Certain Underwriters at Lloyd's of London
Doctor who prevailed in arbitration dispute with insurers is entitled to post-award, pre-judgment interest because Nevada law allows such recovery.
Civil Procedure Aug. 6, 2013
Farmers Insurance Exchange v. Superior Court (Wilson)
Depublication of sole opinion relied on by trial court in granting class certification constitutes a change of law that warrants reconsideration of grant.
Civil Procedure Jul. 25, 2013
Mon Chong Loong Trading Corp. v. Superior Court (Cui)
Trial court may award expert witness fees under Code of Civil Procedure Section 998 after plaintiff declined offer and then voluntarily dismissed her action.
Civil Procedure Jul. 25, 2013
Logan v. U.S. Bank National Association
Protecting Tenants at Foreclosure Act does not provide private right of action to tenant of former owner of property foreclosed on by bank.
Civil Procedure Jul. 17, 2013
Malin v. Singer
Restaurant owner’s extortion claim based on demand letter accusing him of embezzling funds used for illicit relations is subject to dismissal under anti-SLAPP statute.
Civil Procedure Jul. 17, 2013
Mortensen v. Bresnan Communications LLC
Arbitration agreement between consumers and Internet service provider is enforceable because federal law preempts Montana state law regarding arbitration agreements.
Civil Procedure Jul. 16, 2013
Abers v. Rohrs
Homeowners may not seek to throw out arbitration award because they failed to properly serve notice on owners of condominium development.
Civil Procedure Jul. 16, 2013
Tritz v. United States Postal Service
District court may hear contract claims against United States Postal Service because federal claims court does not have exclusive jurisdiction over such claims.
Civil Procedure Jul. 10, 2013
Watkins v. Vital Pharmaceuticals Inc.
Under Class Action Fairness Act, federal court must hear case involving marketing of protein bars because sales of bars exceeded $5 million over last four years.
Civil Procedure Jul. 3, 2013
Roth v. CHA Hollywood Medical Center
Defendant may remove wage-and-hour class action to federal court after its own investigation revealed that one would-be class member supports diversity of citizenship.
Civil Procedure Jun. 28, 2013
Interstate Specialty Marketing Inc. v. ICRA Sapphire Inc.
Court may not award sanctions against plaintiff who mistakenly attached wrong document to complaint, when defendant could have easily informed plaintiff of mistake.
Civil Procedure Jun. 28, 2013
Thompson v. Automobile Club of Southern California
Class certification challenging automobile club’s policy is denied where proposed class is overly inclusive and claim is not amenable to class adjudication.
Civil Procedure Jun. 28, 2013
Ibarra v. Superior Court (Tillman)
Disclosure of guards’ official service photographs in connection with inmate abuse allegations is improper absent stricter limitations to ensure officers’ safety.
Civil Procedure Jun. 28, 2013
Wittenberg v. Beachwalk Homeowners Association
During elections, homeowners association must provide all members equal access to association media and common areas for reasons related to election.
Civil Procedure Jun. 27, 2013
Sanders County Republican Central Committee v. Fox
Lower court errs in prohibiting enforcement of entire statute where appellate court only found portions of statute to be unconstitutional.
Civil Procedure Jun. 23, 2013
Ceja v. Rudolph & Sletten Inc.
Decedent’s survivor may file wrongful death action as putative spouse where she held good faith belief in validity of marriage.
Civil Procedure Jun. 20, 2013
Burrill v. Nair
Defendant’s statements accusing doctor of dishonest and questionable professional conduct are per se defamatory and not subject to anti-SLAPP motion to strike.
Civil Procedure Jun. 20, 2013
Oxford Health Plans LLC v. Sutter
Physicians under fee-for-services contract with Oxford Health Plans may proceed with class arbitration of pay disputes with insurance company.
Civil Procedure Jun. 10, 2013
Martinez v. Brownco Construction Co. Inc.
Plaintiff may recover expert fees incurred from date of first statutory offer to compromise where defendant fails to obtain more favorable judgment.
Civil Procedure Jun. 10, 2013
Stoltenberg v. Ampton Investments Inc.
California appeal is inappropriate because defendants refused to comply with New York trial court's order to turn over their financial information.
Civil Procedure Jun. 6, 2013
Classic Concepts Inc v. Linen Source Inc.
Court refuses to decide whether district court’s silent denial of permanent injunction was correct because appeal was too late.
Civil Procedure May 31, 2013
Adir International LLC v. Superior Court (Fusion Industries)
Company that lost lawsuit and was ordered to pay $90,000 judgment may not have disbursed funds returned, even if disbursed erroneously.
Civil Procedure May 30, 2013
Bombardier Recreational Products Inc. v. Dow Chemical Canada ULC
California court may not decide cross-complaint against Canadian corporation that took over manufacturer of allegedly defective fuel tanks.
Civil Procedure May 22, 2013
Landstar Global Logistics Inc. v. Robinson & Robinson Inc.
Plaintiff may not obtain letter requesting foreign court's assistance in registering judgment liens because such letters may not be used to enforce judgments.
Civil Procedure May 17, 2013
Ciolino v. Hewlett-Packard Co.
Court must calculate redemption value of coupon reward before determining appropriate attorney fees in class action settlement.
Civil Procedure May 16, 2013
Nevis Homes LLC v. CW Roofing Inc.
Company files timely motion to tax costs because of five-day extension in cases where service of notice is provided by mail.
Civil Procedure May 16, 2013
Khavarian Enterprises Inc. v. Commline Inc.
Company that entered settlement agreement may seek attorney fees where agreement stated that company was prevailing party and could later move for fees.
Civil Procedure May 15, 2013
Kurtin v. Elieff,
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure May 10, 2013
Stoltenberg v. Ampton Investments Inc.
California appeal is inappropriate because defendants refused to comply with New York trial court's order to turn over their financial information.
Civil Procedure May 8, 2013
Las Canoas Co. Inc. v. Kramer
Non-noticing party must challenge court reporter’s rate for copies of deposition transcripts in pending case, not later in separate action.
Civil Procedure May 8, 2013