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De La Cuesta v. Benham
Court abuses its discretion in awarding attorney fees because determination that there was no prevailing party created extremely uneven result in case.
Civil Procedure Mar. 31, 2011
Robidoux v. Rosengren
Court’s determination of whether proposed settlement serves best interests of minor plaintiffs is limited to whether net amount distributed to each minor is fair and reasonable.
Civil Procedure Mar. 31, 2011
California Shock Trauma Air Rescue v. State Compensation Insurance Fund
Plaintiff’s expectation of federal preemption defense is insufficient to establish federal subject matter jurisdiction over state-law claims.
Civil Procedure Mar. 31, 2011
City of Alhambra v. D'Ausilio
Court properly denies anti-SLAPP motion challenging declaratory relief claim for determination that defendant’s involvement in protests violated settlement agreement.
Civil Procedure Mar. 30, 2011
Lee v. Kwong
Trial court has jurisdiction to vacate dismissal and reinstate arbitration award pursuant to parties’ agreement to arbitrate and attorney fee provision.
Civil Procedure Mar. 30, 2011
Cafasso v. General Dynamics C4 Systems Inc.
Court properly dismisses False Claims Act action for failure to assert claim for payment or any particular circumstance of fraud committed against government.
Civil Procedure Mar. 25, 2011
Country Side Villas Homeowners’ Association v. Ivie
Action that arose from homeowner’s objections as to association’s governance is subject to anti-SLAPP motion because it affected homeowners’ right of petition.
Civil Procedure Mar. 25, 2011
Krikorian Premiere Theatres LLC v. Westminster Central LLC
Order taxing costs on appeal issued by court after remand is immediately appealable as postjudgment order.
Civil Procedure Mar. 25, 2011
California Retail Portfolio Fund GMBH & Co. KG v. Hopkins Real Estate Group
Application for writ of attachment is properly granted where arbitration award to petitioner would be rendered ineffectual due to evidence of insolvency.
Civil Procedure Mar. 23, 2011
Vafi v. McCloskey
Specific one-year statute of limitations applying to attorney conduct takes precedence over two-year general limitations period for malicious prosecution.
Civil Procedure Mar. 23, 2011
Brown v. Desert Christian Center
Trial court has jurisdiction to award costs incidental to judgment of dismissal based on its inherent authority to determine its own subject-matter jurisdiction.
Civil Procedure Mar. 18, 2011
South Sutter LLC v. LJ Sutter Partners LP
Court properly determines limitations period began when new venue received case, pursuant to parties’ own stipulation for venue transfer.
Civil Procedure Mar. 17, 2011
Animal Film LLC v. D.E.J. Productions Inc.
Court errs in dismissing action under permissive forum selection clause where interests balance in favor of selection of California as convenient forum.
Civil Procedure Mar. 14, 2011
Gerbosi v. Gaims, Weil, West & Epstein LLP
Denial of anti-SLAPP motion is proper when plaintiff’s illegal wiretapping claim was unrelated to defendant law firm's representation of client.
Civil Procedure Mar. 10, 2011
Taniguchi v. Kan Pacific Saipan Ltd.
Prevailing party is properly awarded costs for translation services where such interpretation was necessary to litigation.
Civil Procedure Mar. 9, 2011
Augusta v. Keehn & Associates
Plaintiff waives his right to arbitrate by unreasonably delaying in seeking arbitration after obtaining discovery from defendants through court processes.
Civil Procedure Mar. 7, 2011
Dan Clark Family LP v. Miramontes
State tolling provision runs afoul of Commerce Clause when it would subject nonresident defendant to potential liability indefinitely.
Civil Procedure Mar. 4, 2011
EHP Glendale v. County of Los Angeles
Trial court errs in granting summary judgment where moving party only provided selected portions of record that purported to favor its position.
Civil Procedure Mar. 4, 2011
Henderson v. Shinseki
120-day deadline for filing notice of appeal with Court of Appeals for Veterans Claims does not carry 'jurisdictional' attributes.
Civil Procedure Mar. 2, 2011
Tamkin v. CBS Broadcasting Inc.
Use of plaintiffs’ names for characters during creation of television show episode is exercise of free speech entitled to anti-SLAPP protection.
Civil Procedure Mar. 2, 2011
In re Baycol Cases I and II
Order dismissing both individual and class claims is not appealable under ‘death knell’ doctrine because named plaintiff can still pursue his individual claims.
Civil Procedure Mar. 1, 2011
Bruns v. E-Commerce Exchange Inc.
Partial stay of proceedings does not constitute stay of prosecution of action and counts toward computing time in which action must be brought to trial.
Civil Procedure Mar. 1, 2011
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company has right to engage in discovery to investigate uninsured motorist claims, including inquiry into extraneous issues of treating chiropractors during deposition.
Civil Procedure Mar. 1, 2011
Garcia v. Politis
Plaintiff who prevailed by default judgment may not seek attorney fees postjudgment if request for those fees were not included in judgment request.
Civil Procedure Feb. 28, 2011
Safaie v. Jacuzzi Whirlpool Bath Inc.
Class certification motion cannot be renewed following final decertification order previously affirmed on appeal.
Civil Procedure Feb. 23, 2011
Tien v. Tenet Healthcare Corp.
Court’s reliance on published case, which is subsequently depublished pending review, is proper.
Civil Procedure Feb. 17, 2011
Johnson v. Wells Fargo Home Mortgage Inc.
Appellate court does not have jurisdiction over appeal taken directly from private arbitrator.
Civil Procedure Feb. 16, 2011
Wilson v. San Luis Obispo County Democratic Central Committee
Political committee is entitled to attorney fees incurred in defending against claims concerning composition of committee's membership.
Civil Procedure Feb. 15, 2011
Szajer v. City of Los Angeles
Court may dismiss civil claim challenging validity of warrant, which was same basis for defendants’ criminal conviction for illegal possession of firearms.
Civil Procedure Feb. 14, 2011
Fabbrini v. City of Dunsmuir
Court may not award attorney fees to prevailing defendant on malicious prosecution claim unless claim was found to be frivolous.
Civil Procedure Feb. 14, 2011