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Dupree v. Younger
Post-trial motion was not required to preserve correctional officer's purely legal exhaustion defense at summary judgment for appellate review. 		Civil Procedure USSC May 26, 2023
Victor Valley Union High School Dist. v. Superior Court (John Doe)
The safe-harbor provision for the spoliation of electronic evidence does not shield a party from sanctions if the evidence was altered or destroyed when the party was under a duty to preserve the evidence. 		Civil Procedure 4DCA/2 May 26, 2023
Randy's Trucking v. Superior Court (Buttram)
Trial court's order to transmit data of the plaintiffs' mental examination to her attorney was proper because transfer was subject to a protective order and did not violate examiner's professional standards. 		Civil Procedure 5DCA May 22, 2023
Feliz v. County of Orange
Plaintiff's Federal Rules of Civil Procedure 60(b)(6) motion to vacate judgment did not toll the statutes of limitations because it did not affect the finality of her claims' dismissal. 		Civil Procedure 4DCA/3 May 22, 2023
Modification: Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed. 		Civil Procedure 6DCA May 19, 2023
The Kennedy Commission v. City of Huntington Beach
Under catalyst theory, nonprofit was appropriately awarded attorney fees when its lawsuit to ensure availability of low-income housing achieved its aim. 		Civil Procedure 4DCA/2 May 15, 2023
Federal Trade Commission v. Hewitt
District court did not err in denying defendant-appellant's Rule 60(b) motion for relief from a previous equitable monetary judgment. 		Civil Procedure 9th May 12, 2023
Modification: Madrigal v. Hyundai Motor America
Section 998 Offer to Compromise's mandatory cost-shifting provision applies when the parties enter into a settlement agreement because a less favorable "judgment" includes a dismissal with prejudice. 		Civil Procedure 3DCA May 10, 2023
Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed. 		Civil Procedure 6DCA May 2, 2023
McCormick v. California Public Employees' Retirement System
Successful party was entitled to attorneys' fees where the underlying action clarified and required enforcement of a statutory scheme that promoted public service and affected millions of employees. 		Civil Procedure 1DCA/1 Apr. 27, 2023
Chicken Ranch Rancheria v. State of California
Prevailing parties were not entitled to recover attorneys' fees under a California statute for federal claims brought in federal court dealing with purely federal questions. 		Civil Procedure 9th Apr. 26, 2023
Friends of Oceano Dunes v. California Coastal Commission
Attempted intervenors in civil action failed to make a compelling showing that their interest in litigation would be inadequately represented by a party to the litigation with an identical interest. 		Civil Procedure 2DCA/6 Apr. 21, 2023
Pabla v. Superior Court (Dual Arch International)
Setting trial more than 120 days after granting motion for trial setting preference was outside the discretion of the trial court. 		Civil Procedure 5DCA Apr. 17, 2023
Madrigal v. Hyundai Motor America
Section 998 Offer to Compromise's mandatory cost-shifting provision applies when the parties enter into a settlement agreement because a less favorable "judgment" includes a dismissal with prejudice. 		Civil Procedure 3DCA Apr. 11, 2023
Silk v. Bond
In a suit against an estate arising out of claims for breach of contract, federal jurisdiction was not barred by the probate exception. 		Civil Procedure 9th Apr. 11, 2023
Reliant Life Shares, LLC v. Cooper
In a bifurcated trial, the trial court's factual findings in the bench trial on equitable issues were within the scope of issues to be tried and were properly binding upon the jury trial on legal issues. 		Civil Procedure 2DCA/8 Apr. 6, 2023
Doe v. Marysville Joint Unified School Dist.
Plaintiffs' prior claims for childhood sexual assault, previously dismissed as untimely, were ineligible for revival even though they had not been adjudicated on the merits. 		Civil Procedure 3DCA Mar. 29, 2023
Deck v. Developers Investment Co., Inc.
Maximum amount of monetary sanctions was warranted where party unsuccessfully opposed discovery motion and untimeliness with discovery production was extreme and the product of bad faith. 		Civil Procedure 4DCA/3 Mar. 28, 2023
Kirchmeyer v. Helios Psychiatry Inc.
Medical Board of California's order compelling production of the medical records of a psychiatrist's family member was affirmed where the information was relevant to whether the psychiatrist violated professional boundaries. 		Civil Procedure 1DCA/3 Mar. 16, 2023
Ruegg & Ellsworth v. City of Berkeley
Trial court did not exceed scope of Court of Appeal's remand instructions to grant petition for writ of mandate by addressing undecided Housing Accountability Act issues. 		Civil Procedure 1DCA/2 Mar. 15, 2023
Katie Van v. LLR, Inc., et al
Class certification vacated because retailer defendant invoked an individualized issue--that retailer discounts left some class members uninjured--and provided evidence that at least some class members lacked meritorious claims. 		Civil Procedure 9th Mar. 14, 2023
Winsor v. Sequoia Benefits & Insurance Services
Employees lacked standing to sue ERISA plan administrator because their employer's broad discretion in setting plan contributions meant their alleged injuries were not fairly traceable to the administrator. 		Civil Procedure 9th Mar. 9, 2023
People v. Edwards
The State Department of State Hospitals' claims of budgetary restrictions did not constitute good cause for its delay in admitting those found incompetent to stand trial. 		Civil Procedure 3DCA Mar. 9, 2023
Yamashita v. LG Chem, Ltd.
Plaintiff's negligence claims against out-of-state battery companies were properly dismissed for lack of personal jurisdiction because his injury did not arise out of defendants' Hawaii contacts. 		Civil Procedure 9th Mar. 7, 2023
Modification: People v. Delgadillo
*People v. Wende* procedures did not apply to defendant's appeal from a denial of postconviction relief since there is no constitutional right to effective assistance of counsel at that stage of postconviction proceedings. 		Civil Procedure CASC Feb. 17, 2023
Bowerman v. Field Asset Services, Inc.
Class certification was reversed because the class members could not show that the whole class suffered damages traceable to their alleged misclassification as independent contractors. 		Civil Procedure 9th Feb. 15, 2023
Wit v. United Behavioral Health
Reversal of class certification order was required where the class action procedure was improperly used to expand or modify the substantive rights provided for class members under ERISA. 		Civil Procedure 9th Jan. 27, 2023
Chen v. BMW of North America
Defendant's Code of Civil Procedure Section 998 offer was sufficiently specific to limit plaintiff's attorney fees and costs since it allowed plaintiff to determine the offer's value. 		Civil Procedure 6DCA Jan. 25, 2023
Preciado v. Freightliner Custom Chassis Corp.
Information from chassis bus maker's website was not enough to establish jurisdiction as that information failed to target the specific model alleged to have caused the injuries. 		Civil Procedure 4DCA/1 Jan. 25, 2023
Imperial County Sheriff's Assn. v. County of Imperial
Trial court improperly denied class certification of two groups of Imperial County employees since both had a well-defined community of interest and any potential conflict between the two was hypothetical. 		Civil Procedure 4DCA/1 Jan. 24, 2023
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