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Name Category Published
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings. 		Civil Procedure Mar. 12, 2012
Garcia v. ConMed Corp.
Misconduct does not result in prejudice because it was not reasonably probable that plaintiff would have obtained more favorable verdict in absence of misconduct. 		Civil Procedure Mar. 8, 2012
Steed v. Dept. of Consumer Affairs
Court properly declines to take judicial notice of minute order, which granted prior petition, and thus, plaintiff fails to carry burden under anti-SLAPP statute. 		Civil Procedure Mar. 8, 2012
Kilgore v. KeyBank National Association
Arbitration clause in lender's promissory note is enforceable because California's rule against arbitration of public injunctive relief claims is preempted by federal law. 		Civil Procedure Mar. 7, 2012
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 Mar. 7, 2012
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process. 		Civil Procedure Mar. 6, 2012
Maaso v. Signer
Arbitration award is properly vacated where one party arbitrator sends ex parte post-arbitration brief without allowing opponent opportunity to respond. 		Civil Procedure Mar. 1, 2012
Pickett v. Superior Court (99¢ Only Stores)
Plaintiff is entitled to peremptory challenge because her case was not merely continuation of another case against same defendant for same wrongful conduct. 		Civil Procedure Feb. 23, 2012
Marriage of Falcone and Fyke
Party to dissolution proceeding, who prosecuted groundless claims and appeals in propria persona, is vexatious litigant even if appeals are not yet final. 		Civil Procedure Feb. 23, 2012
Hotels Nevada v. L.A. Pacific Center Inc.
Court properly compels arbitration of dispute where party agreed to arbitrate dispute if it failed to prove its affirmative defense to arbitration. 		Civil Procedure Feb. 22, 2012
United States v. $133,420.00 in United States Currency
Plaintiff in civil forfeiture action lacks standing where he asserted ownership of seized money without explaining how he came to possess seized money. 		Civil Procedure Feb. 22, 2012
Duronslet v. Kamps
Woman's statement to nurse that she planned to kill her neighbor is not privileged because doctor-patient privilege does not apply to nurses. 		Civil Procedure Feb. 17, 2012
Cinel v. Christopher
Trial court is correct in denying motion to confirm arbitration award where arbitration was terminated due to nonpayment of fees. 		Civil Procedure Feb. 17, 2012
Greenberg Glusker Fields Claman & Machtinger LLP v. Rosenson
Law firm’s arbitration demand is effective to invoke arbitration clause in parties’ retainer agreement without filing petition in superior court to compel arbitration. 		Civil Procedure Feb. 16, 2012
SCI California Funeral Services Inc. v. Five Bridges Foundation
Prevailing plaintiff, which recovered in excess of offer, is entitled to post-offer attorney fees under Code of Civil Procedure Section 998(d) in addition to expert witness fees. 		Civil Procedure Feb. 15, 2012
People v. Borzakian
Police officer is not qualified to authenticate photographic evidence of traffic violation where private company was contracted to maintain and service automated system. 		Civil Procedure Feb. 15, 2012
People v. Borzakian
Police officer is not qualified to authenticate photographic evidence of traffic violation where private company was contracted to maintain and service automated system. 		Civil Procedure Feb. 13, 2012
Martinez v. Brownco Construction Co.
Under Code of Civil Procedure Section 998, when plaintiff makes two offers, which later expire, plaintiff may recover expert fees incurred after first offer. 		Civil Procedure Feb. 13, 2012
Skilstaf Inc. v. CVS Caremark Corp.
Class action suit is correctly dismissed because it is barred by 'any other person' release provision in settlement agreement of related case. 		Civil Procedure Feb. 10, 2012
Metabolic Research Inc. v. Ferrell
Order denying motion to dismiss based on anti-SLAPP statute does not justify immediate appeal because it can be reviewed through normal appellate process. 		Civil Procedure Feb. 10, 2012
Hecimovich v. Encinal School Parent Teacher Organization
Coach's defamation suit against parent teacher organization is subject to SLAPP motion because safety in youth sports is issue of public interest. 		Civil Procedure Feb. 10, 2012
Maaso v. Signer
Arbitration award is properly vacated where one party arbitrator sends ex parte post-arbitration brief without allowing opponent opportunity to respond. 		Civil Procedure Feb. 8, 2012
Hotels Nevada v. L.A. Pacific Center Inc.
Court properly compels arbitration of dispute where party agreed to arbitrate dispute if it failed to prove its affirmative defense to arbitration. 		Civil Procedure Feb. 8, 2012
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process. 		Civil Procedure Feb. 7, 2012
Lewow v. Surfside III Condominium Owners' Assn. Inc.
Good cause allows motion for attorney fees despite failure to timely file based on extension of statutory period following dismissal of bankruptcy proceedings. 		Civil Procedure Feb. 6, 2012
Biller v. Toyota Motor Corp.
Arbitrator's final award is valid because arbitrator did not manifestly disregard law by implicitly addressing and denying defendant's affirmative defenses. 		Civil Procedure Feb. 6, 2012
Eiskamp v. Pajaro Valley Water Management Agency
Res judicata bars relitigation of issues involving validity of augmentation charges imposed under ordinance, which were resolved by prior stipulated agreement. 		Civil Procedure Feb. 3, 2012
Perry v. Brown
In Prop. 8 trial, court improperly orders unsealing of recording when trial judge assured that recording would not be publicly broadcast. 		Civil Procedure Feb. 3, 2012
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions. 		Civil Procedure Feb. 3, 2012
Chaaban v. Wet Seal Inc.
Under Code of Civil Procedure Section 998, defendant may recover amount paid by defendant to plaintiff's expert from non-settling plaintiff. 		Civil Procedure Feb. 1, 2012
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