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5th AND LA v. Western Waterproofing Co. Inc.
Claim preclusion barred owner's lawsuit against roofing company where jury found against owner in a previous lawsuit dealing with the same claimed harm.
Civil Procedure 2DCA/8 Jan. 23, 2023
Smalley v. Subaru of America, Inc.
Lemon law 998 offer that exceeded amount of actual judgment awarded and carried reasonable prospect of acceptance at the time it was made was reasonable and made in good faith.
Civil Procedure 4DCA/3 Jan. 13, 2023
People v. Superior Court (Cheek)
Sexually violent predator convicted of minor abuse was not allowed conditional release near a four-student private school created after the community received notice of the predator's release.
Civil Procedure 6DCA Jan. 10, 2023
Sauk-Suiattle Indian Tribe v. City of Seattle
District court properly declined the Sauk-Suiattle Indian Tribe's motion to remand to state court since the Tribe's complaint alleging Supremacy Clause and Congressional Acts violations raised substantial federal questions.
Civil Procedure 9th Jan. 4, 2023
Cole v. Superior Court (Zeiner)
Since summary judgment motion was electronically filed and served 107 days or more before trial, it was timely and the moving parties were entitled to a hearing on the motion.
Civil Procedure 4DCA/1 Jan. 3, 2023
First American Title Insurance Co. v. Banerjee
Default judgment issued by trial court with personal and subject matter jurisdiction based upon complaint that did not state a cause of action against defendant-appellant was merely voidable, not void.
Civil Procedure 6DCA Dec. 30, 2022
Victor Valley Union High School Dist. v. Superior Court (John Doe)
Record did not support trial court's ruling that, at the time the video that captured student's alleged sexual assault was erased, school district was on notice that litigation about the alleged sexual assault was reasonably foreseeable.
Civil Procedure 4DCA/2 Dec. 23, 2022
Amended Opinion: Owino v. CoreCivic
Detainees in private immigration detention center could certify their classes for a class action since there was a common question about the prison's policies that predominated individual detainees' claims.
Civil Procedure 9th Dec. 21, 2022
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 Dec. 20, 2022
Allen v. San Diego Convention Center Corp., Inc.
Class certification order was appealable when the order left the case without claims.
Civil Procedure 4DCA/1 Dec. 20, 2022
Thai v. Richmond City Center, L.P.
Trial court erred by granting plaintiff's motions to compel compliance with subpoenas seeking partnership's consumer records because the motions were brought under the wrong section of the Code of Civil Procedure and were untimely.
Civil Procedure 4DCA/3 Dec. 16, 2022
AIDS HealthCare Foundation v. City of Los Angeles
Though lawsuit involved the Political Reform Act, Government Code Section 65009's statute of limitation applied to case involving decisions made by investigated Los Angeles City's planning and land use management committee members.
Civil Procedure 2DCA/7 Dec. 15, 2022
Seto v. Szeto
Statute of limitations to bring action to trial was tolled during time plaintiffs' waited for defendants to meet agreement conditions.
Civil Procedure 1DCA/4 Dec. 14, 2022
Modification: JPMorgan Chase Bank, N.A. v. Superior Court (State of California)
Prior notice from the California State Controller is not a prerequisite of liability under the California False Claims Act.
Civil Procedure 1DCA/4 Dec. 14, 2022
Hooks v. Nexstar Broadcasting
In issuing a preliminary injunction, a district court should not presume a likelihood of irreparable harm due to having found a likelihood of success.
Civil Procedure 9th Dec. 6, 2022
California Dept. of Toxic Substances Control v. Jim Dobbas Inc.
Insurer may intervene under Federal Rule of Civil Procedure 24(a)(2) in a tort action to defend an insured that is unable to defend itself regardless of its position on coverage.
Civil Procedure 9th Dec. 2, 2022
McKnight v. Hinojosa
Uber settlement, providing credit for class members, was flexible enough to not merit application of the Class Action Fairness Act's attorney fee restrictions.
Civil Procedure 9th Dec. 1, 2022
Blizzard Energy v. Schaefers
Defendant's cross-complaint in a Kansas action counted as one of the "five litigations" required for a vexatious litigant finding under Code of Civil Procedure Section 391(b)(1).
Civil Procedure 2DCA/6 Nov. 30, 2022
Patel v. Chavez
Superior court had jurisdiction to order forfeiture of undertaking posted as condition of appeal from Labor Commissioner's order to satisfy judgments despite lack of ongoing valid appeal by plaintiff-employers.
Civil Procedure 2DCA/1 Nov. 25, 2022
Valiente v. Swift Transportation Co. of Arizona
Agency's preemption decision regarding meal and rest break rules for truck drivers barred lawsuits predicated on those rules that were commenced before the decision was made from proceeding.
Civil Procedure 9th Nov. 25, 2022
JPMorgan Chase Bank, N.A. v. Superior Court (State of California)
Prior notice from the California State Controller is not a prerequisite of liability under the California False Claims Act.
Civil Procedure 1DCA/4 Nov. 22, 2022
WV 23 Jumpstart, LLC v. Mynarcik
Personal jurisdiction over judgment debtor is not required for a court clerk to register a sister-state judgment in California where the original trial court had subject matter and personal jurisdiction.
Civil Procedure 3DCA Nov. 22, 2022
Modification: Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment.
Civil Procedure 4DCA/3 Nov. 17, 2022
Marriage of Blake & Langer
Court was not divested of jurisdiction to impose sanctions for frivolous motion to disqualify despite plaintiff voluntarily dismissing joinder complaint since motion concerned collateral issues separate from the complaint's merits.
Civil Procedure 2DCA/4 Nov. 14, 2022
Dedication and Everlasting Love v. City of El Monte
Lot owner's appeal of a Hearing Officer's decision was transferred to the appellate division of the Los Angeles County Superior Court since it was a limited civil case.
Civil Procedure 2DCA/8 Nov. 10, 2022
Raja Development Co. v. Napa Sanitary Dist.
Sustaining demurrer was improper when the sanitation district had not established that the challenged fee was severable from the fee that was barred by the statute of limitations.
Civil Procedure 1DCA/4 Nov. 10, 2022
Unzueta v. Akopyan
Peremptory challenges may not be used to excuse potential jurors who are associated with characteristics listed in Government Code Section 11135(a) which includes those associated with someone who has a disability.
Civil Procedure 2DCA/7 Nov. 9, 2022
Modification: Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment.
Civil Procedure 4DCA/3 Nov. 2, 2022
Amended Opinion: Save the Bull Trout v. Williams
Environmentalist plaintiffs' claims were precluded because claim preclusion barred subsequent filings of claims that were subject to a denial of leave to amend.
Civil Procedure 9th Nov. 2, 2022
Council for Education and Research v. Starbucks Corp.
Where Section 998 offer required a general release that encompassed claims beyond the scope of the litigation, the compromise offers were invalidated and trial court erred in denying taxing of costs.
Civil Procedure 2DCA/4 Oct. 28, 2022