Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
11-56376
|
Radcliffe v. Experian Information Solutions Inc.
Incentive awards given to class representatives in class action settlement, which were conditioned on support of settlement, improperly undermine fairness of settlement. |
Civil Procedure |
|
May 3, 2013 | |
B243320
|
Melendrez v. Superior Court (Special Electric Co. Inc.)
Bankrupt corporation's attorney-client privilege passes to insurers assigned to defend against claims where no director could be elected to waive privilege. |
Civil Procedure |
|
May 1, 2013 | |
D063076
|
Battaglia Enterprises Inc. v. Superior Court (Yard House USA Inc.)
San Diego food supplier’s breach of contract lawsuit against restaurant is transferred to Orange County based on venue selection clause in contract giving rise to suit. |
Civil Procedure |
|
Apr. 30, 2013 | |
11-56376
|
Radcliffe v. Experian Information Solutions Inc.
Incentive awards given to class representatives in class action settlement, which were conditioned on support of settlement, improperly undermine fairness of settlement. |
Civil Procedure |
|
Apr. 23, 2013 | |
D059976
|
Chanda v. Federal Home Loans Corp.
Mortgage broker gets new trial after losing in lenders' lawsuit because trial court improperly excluded title insurance policy procured as part of lending transaction. |
Civil Procedure |
|
Apr. 22, 2013 | |
D060906
|
Kleveland v. Siegel & Wolensky LLP
Attorneys are sanctioned for filing frivolous appeal where plaintiff demonstrated that attorneys filed meritless petition for sole purpose of forcing settlement. |
Civil Procedure |
|
Apr. 18, 2013 | |
G043999
|
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 |
|
Apr. 17, 2013 | |
11-16938
|
Sams v. Yahoo! Inc.
Yahoo may not be sued for disclosing information to District Attorney after receiving grand jury subpoenas that Yahoo believed to be valid. |
Civil Procedure |
|
Apr. 16, 2013 | |
11-55635
|
Blum v. Merrill Lynch Pierce Fenner & Smith Inc.
Federal court correctly allows party to intervene in settled lawsuit in order to modify protective order to prevent destruction of deposition transcript. |
Civil Procedure |
|
Apr. 12, 2013 | |
D063076
|
Battaglia Enterprises Inc. v. Superior Court (Yard House USA Inc.)
San Diego food supplier’s breach of contract lawsuit against restaurant is transferred to Orange County based on venue selection clause in contract giving rise to suit. |
Civil Procedure |
|
Apr. 12, 2013 | |
B239928
|
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
In renewed motion for relief from default judgment, defendants must satisfactorily explain failure to previously clarify reasons for attorney's neglect. |
Civil Procedure |
|
Apr. 11, 2013 | |
C068802
|
Good v. Miller
Trial court correctly declines to salvage plaintiff's defective appeal from order, which granted terminating sanctions against plaintiff. |
Civil Procedure |
|
Apr. 11, 2013 | |
B235731
|
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 |
|
Apr. 5, 2013 | |
12-929
|
Atlantic Marine Construction Co. v. USDC WD TX, et al.
Order |
Civil Procedure |
|
Apr. 2, 2013 | |
F064240
|
McDaniel v. Asuncion
Joint offer to settle wrongful death claim is valid, even if offered to multiple plaintiffs, because nature of claim involved single, indivisible injury. |
Civil Procedure |
|
Mar. 27, 2013 | |
11-57064
|
Nunag-Tanedo v. East Baton Rouge Parish School Board
Attorney sued by class of Filipino teachers for allegedly aiding and abetting in human trafficking scheme may not appeal denial of immunity. |
Civil Procedure |
|
Mar. 27, 2013 | |
11-35923
|
U.S. v. $11,500 in United States Currency
In civil forfeiture proceeding, failure to identify bailor on claim form should not result in dismissal where mistake did not prejudice or delay proceedings. |
Civil Procedure |
|
Mar. 21, 2013 | |
11-1450
|
Standard Fire Insurance Co. v. Knowles
Federal court has jurisdiction over plaintiff’s proposed class action despite stipulation that he and class would seek less than $5 million in damages. |
Civil Procedure |
|
Mar. 20, 2013 | |
C068802
|
Good v. Miller
Trial court correctly declines to salvage plaintiff's defective appeal from order, which granted terminating sanctions against plaintiff. |
Civil Procedure |
|
Mar. 14, 2013 | |
D062951
|
Entente Design Inc. v. Superior Court (Pfeiffer)
Challenge to newly assigned judge, which attorneys filed within hour of leaving courtroom, is timely because case was not yet ready for immediate trial. |
Civil Procedure |
|
Mar. 13, 2013 | |
A132914
|
Lucky United Properties Investments Inc. v. Lee
In dispute over attorney fees, interest on prejudgment award of fees begins to accrue upon entry of judgment, but postjudgment interest does not. |
Civil Procedure |
|
Feb. 27, 2013 | |
12-57330
|
Kuxhausen v. BMW Financial Services NA LLC
BMW may remove class action to federal court because plaintiff failed to trigger 30-day period for removal by inadequately stating amount in controversy. |
Civil Procedure |
|
Feb. 26, 2013 | |
10-15501
|
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief. |
Civil Procedure |
|
Feb. 14, 2013 | |
A132914
|
Lucky United Properties Investments Inc. v. Lee
In dispute over attorney fees, interest on prejudgment award of fees begins to accrue upon entry of judgment, but postjudgment interest does not. |
Civil Procedure |
|
Feb. 6, 2013 | |
12-55050
|
Kramer v. Toyota Motor Corp.
Toyota may not compel arbitration of class action based on purchase agreements between customers and dealerships because corporation did not sign agreements. |
Civil Procedure |
|
Jan. 31, 2013 | |
B238304
|
Gray v. Chiu
Arbitrator's failure to disclose that lawyer was member of administering dispute provider resolution organization is valid ground for vacating arbitration award. |
Civil Procedure |
|
Jan. 22, 2013 | |
B238054
|
Swissmex-Rapid S.A. de C.V. v. SP Systems LLC
Confirmation of arbitration award between California and Mexican corporations is proper because FAA's procedural provisions do not apply to state court. |
Civil Procedure |
|
Jan. 6, 2013 | |
B238054
|
Swissmex-Rapid S.A. de C.V. v. SP Systems LLC
Confirmation of arbitration award between California and Mexican corporations is proper because FAA's procedural provisions do not apply to state court. |
Civil Procedure |
|
Dec. 30, 2012 | |
G046769
|
Williamson v. Mazda Motor of America Inc.
On remand, new judge may reconsider whether case involving accident in Utah may properly be tried in California because prior judge had retired. |
Civil Procedure |
|
Dec. 27, 2012 | |
C070571
|
V & P Trading Co. Inc. v. United Charter LLC
Sanctions award against corporation is unsupported because court improperly denied motion to compel answer to interrogatories based on corporation’s suspended status. |
Civil Procedure |
|
Dec. 19, 2012 |