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Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public.
Civil Procedure Aug. 5, 2011
Giorgianni v. Crowley
Under Mandatory Fee Arbitration Act, attorney properly rejects arbitration award by filing request in small claims court for unpaid fees.
Civil Procedure Aug. 5, 2011
Edna Valley Watch v. County of San Luis Obispo
Prevailing party is entitled to fees incurred in administrative proceedings that were useful and necessary to public interest litigation.
Civil Procedure Aug. 3, 2011
Dept. of Fish and Game v. Superior Court (Adams)
Trial court applies incorrect legal criteria and makes erroneous legal assumptions in determining whether common issues predominate for purposes of class certification.
Civil Procedure Aug. 3, 2011
City of Woodlake v. Tulare County Grand Jury
Supporting affidavit of good cause is not required when grand jury seeks records of public agency to which it has been given express statutory access.
Civil Procedure Aug. 2, 2011
Musaelian v. Adams
Under Code of Civil Procedure Section 128.7, attorney fees for costs in opposing motion for sanctions are not warranted where motion was unsuccessful, but not frivolous.
Civil Procedure Aug. 1, 2011
Blumberg v. Superior Court (Los Angeles County Sheriff's Dept.)
Court may order discovery of peace officer records related to events that occurred after conviction where defendant obtained new trial via habeas relief.
Civil Procedure Aug. 1, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989.
Civil Procedure Jul. 29, 2011
Wallace v. McCubbin
Court errs in denying defendant’s anti-SLAPP motion to strike claim that was based on unlawful detainer action where acts were protected by statute.
Civil Procedure Jul. 28, 2011
Ingram v. Oroudjian
In determining awards of attorney fees, judges may rely on their own knowledge of customary rates and experience concerning reasonable and proper fees.
Civil Procedure Jul. 28, 2011
Van Dusen v. U.S. District Court (Swift Transportation Co. Inc.)
District court, as opposed to arbitrator, should resolve claim of exemption from arbitration under Section 1 of Federal Arbitration Act before compelling arbitration.
Civil Procedure Jul. 28, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989.
Civil Procedure Jul. 28, 2011
Cabrera v. Alam
Anti-SLAPP motion to strike defamation claim should be granted where statements regarding candidates at homeowners' association meeting were protected activity.
Civil Procedure Jul. 28, 2011
Cape Flattery Limited v. Titan Maritime LLC
Parties may agree to apply non-federal arbitrability law only where clear and unmistakable evidence shows such intent.
Civil Procedure Jul. 27, 2011
Citizens for Balanced Use v. Montana Wilderness Association
Conservation groups have right to intervene in action challenging agency’s interim order issued pursuant to prior litigation brought by groups.
Civil Procedure Jul. 27, 2011
Conservation Force v. Salazar
Civil Asset Forfeiture Reform Act claim is barred from judicial review because plaintiffs chose to file petitions for remission, which were denied.
Civil Procedure Jul. 25, 2011
Quantum Cooking Concepts Inc. v. LV Associates Inc.
Court properly relies on failure to comply with court rule requiring motions to be supported by memoranda in denying post-trial motions.
Civil Procedure Jul. 22, 2011
Bailey v. Brewer
Denial of anti-SLAPP motion is proper where cease and desist letter did not constitute protected speech because it was not made in anticipation of litigation.
Civil Procedure Jul. 20, 2011
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management LLC
‘Erie’ doctrine does not require federal court to follow state appellate court decision striking down statute under California Constitution.
Civil Procedure Jul. 20, 2011
Dreith v. Nu Image Inc.
Defendants’ failure to comply with numerous court orders constitutes misconduct sufficiently egregious to cause court to enter order of default.
Civil Procedure Jul. 20, 2011
Tutti Mangia Italian Grill Inc. v. American Textile Maintenance Co.
Arbitration award against party absent at arbitration is proper where clause was self-executing and award was valid under rules incorporated therein.
Civil Procedure Jul. 19, 2011
Life Technologies Corp. v. Superior Court (Joyce)
Court errs in ordering disclosure of third parties’ confidential information by failing to consider substantial privacy rights and to provide procedural safeguards.
Civil Procedure Jul. 18, 2011
NewLife Sciences v. Weinstock
Court properly considers issue sanctions in granting aggrieved party’s motion for preliminary injunction where sanctions established plaintiff knowingly breached contract.
Civil Procedure Jul. 18, 2011
Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public.
Civil Procedure Jul. 12, 2011
West Coast Seafood Processors Association v. Natural Resources Defense Council Inc.
Appeal of denial of motion to intervene is moot where judgment was rendered on underlying litigation and original parties dismissed appeal.
Civil Procedure Jul. 7, 2011
Kincaid v. Kincaid
Transcript of recorded conversation, during which defendant stated he could not remember whether he had abused his stepdaughter, is admissible as adoptive admission.
Civil Procedure Jul. 7, 2011
County of Kern v. Jadwin
Defendant is entitled to attorney fees under False Claim Act after trial court found that county’s claim was frivolous and brought to harass defendant.
Civil Procedure Jul. 6, 2011
Global Packaging Inc. v. Superior Court (Epicor Software Corp.)
Agreement vaguely referring to agreement to litigate in specific forum does not constitute consent to personal jurisdiction of that forum where otherwise unavailable.
Civil Procedure Jul. 5, 2011
Van Sickle v. Gilbert
Plaintiff must give notice to defendant of specific damages sought for breach of fiduciary duty or accounting claims for default judgment to be valid.
Civil Procedure Jun. 29, 2011
Bleavins v. Demarest
Court properly grants anti-SLAPP motion as to fraud claim against law firm based on its representation of third party over statutorily protected speech.
Civil Procedure Jun. 29, 2011