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County of San Diego v. Gorham
Court that fails to serve father lacks personal jurisdiction and must dismiss action.
Civil Procedure Jul. 22, 2010
Bozzi v. Nordstrom Inc.
Material dispute does not exist where plaintiff’s expert does not state facts to support opinion for product liability claim.
Civil Procedure Jul. 14, 2010
Kruss v. Booth
Plaintiff has right to amend complaint where question exists as to choice of law governing foreign company practices.
Civil Procedure Jul. 13, 2010
Couch v. Telescope Inc.
Appeals court lacks jurisdiction over appeal of denial of motion to dismiss where no substantial ground for difference of opinion existed.
Civil Procedure Jul. 9, 2010
Litwin v. Estate of Formela
Statute of limitations is not tolled for claims against nonresident motorists who may be served with process through Dept. of Motor Vehicles.
Civil Procedure Jul. 9, 2010
Betz v. Trainer Wortham & Co. Inc.
Remand to district court is appropriate because it has more available procedures than appellate court to determine issues of material fact.
Civil Procedure Jul. 8, 2010
Nordstrom Commission Cases
Trial court considers all relevant factors in determining class action settlement is fair, adequate, and reasonable.
Civil Procedure Jul. 8, 2010
Air Machine Com SRL v. Superior Court (Sukumar)
Defendants are not deemed to have appeared in action by serving 998 offer where they moved to quash before serving offer.
Civil Procedure Jul. 6, 2010
Munoz v. BCI Coca-Cola Bottling Co. of Los Angeles
Settlement approval does not require explicit statement regarding maximum amount in controversy for court to make informed, reasonable decision.
Civil Procedure Jul. 6, 2010
Steinman v. Malamed
Payment sent without conditions, after receiver refused to accept payment ‘under protest,’ is voluntary, and paying party is not entitled to recovery.
Civil Procedure Jun. 30, 2010
Lucky United Properties Investment Inc. v. Lee
Prevailing party is entitled to recover attorney fees because judgment had not been satisfied in full by time of party's motion.
Civil Procedure Jun. 30, 2010
Zamora v. Lehman
Parties waive right to compel arbitration where they fail to file motion until after discovery is conducted, acting inconsistently with contractual rights.
Civil Procedure Jun. 30, 2010
Martinez v. Ford Motor Co.
Party may not establish grounds for forum non-conveniens motion by using California court for discovery that could not have been obtained in Mexico.
Civil Procedure Jun. 29, 2010
Faulkinbury v. Boyd & Associates Inc.
Class certification is appropriate where plaintiffs show community of interest in determining all employees’ entitlement to reimbursement for overtime pay.
Civil Procedure Jun. 25, 2010
EEOC v. Peabody Western Coal Co.
Nonparty may be joined into action under Federal Rule of Civil Procedure 19 despite amended complaint filed by plaintiff following remand.
Civil Procedure Jun. 24, 2010
Toyo Tire Holdings of Americas Inc. v. Continental Tire North America Inc.
District court may grant preliminary injunction to preserve status quo while parties await arbitration proceedings.
Civil Procedure Jun. 21, 2010
Kruss v. Booth
Plaintiff has right to amend complaint where question exists as to choice of law governing foreign company practices.
Civil Procedure Jun. 15, 2010
Culver Center Partners East #1 L.P. v. Baja Fresh Westlake Village Inc.
Landlord must serve notice to address provided by tenant under lease to file unlawful detainer suit.
Civil Procedure Jun. 15, 2010
G.R. v. Intelligator
Attorney’s failure to redact personal identifiers in filing motion falls within protected activity, despite violation of court rules.
Civil Procedure Jun. 14, 2010
Lagstein v. Certain Underwriters at Lloyd's, London
Court errs in vacating arbitration award based on conclusion that its size was excessive and in manifest disregard of law.
Civil Procedure Jun. 11, 2010
Krupski v. Costa Crociere S.p.A.
Relation back under Federal Rule of Civil Procedure 15(c) depends on knowledge of party to be added, rather than amending party's knowledge.
Civil Procedure Jun. 8, 2010
Lucky United Properties Investment Inc. v. Lee
Prevailing party is entitled to recover attorney fees because judgment had not been satisfied in full by time of party's motion.
Civil Procedure Jun. 2, 2010
Samantar v. Yousuf
Foreign official does not receive foreign state immunity because he is not entity of foreign state.
Civil Procedure Jun. 2, 2010
Jordan v. U.S. District Court (United States)
Writ of mandamus is not appropriate to return government-seized property where petitioners may litigate civil judicial forfeiture action for substitute adequate relief.
Civil Procedure Jun. 2, 2010
Valencia v. Smyth
Standard form residential purchase agreement expressly incorporates California Arbitration Act, rather than procedural provisions of Federal Arbitration Act.
Civil Procedure Jun. 2, 2010
Bomersheim v. Los Angeles Gay and Lesbian Center
Improperly treated syphilis patients who had to be retreated can be certified as class in negligence suit against treatment center.
Civil Procedure May 28, 2010
Haight Ashbury Free Clinics Inc. v. Happening House Ventures
Entire cause of action is subject to SLAPP statute even if protected activity is contained in only two out of 16 allegations.
Civil Procedure May 28, 2010
Martinez v. Ford Motor Co.
Party may not establish grounds for forum non-conveniens motion by using California court for discovery that could not have been obtained in Mexico.
Civil Procedure May 28, 2010
Adolph v. Coastal Auto Sales Inc.
Party waives right to compel arbitration where actions taken are inconsistent with intent to arbitrate and cause prejudice to opposing party.
Civil Procedure May 27, 2010
Barnett v. First National Insurance Co. of America
Defendant is not entitled to expert witness fees from plaintiffs where joint settlement offer under Code of Civil Procedure Section 998 is invalid.
Civil Procedure May 27, 2010