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Primiano v. Cook
Medical testimony is admissible under 'Daubert' based on expert's background, experience and explanation of opinion.
Civil Procedure Mar. 10, 2010
Hesse v. Sprint Corp.
Class settlement does not preclude subsequent claims where subsequent class members’ interests were not adequately represented.
Civil Procedure Mar. 10, 2010
San Francisco Housing Authority v. SEIU Local 790
Arbitrator does not exceed power when basing award on parties’ ability to modify own contract in order to comply with good faith standards.
Civil Procedure Mar. 9, 2010
Seltzer v. Barnes
Negotiation of settlement agreement is act in furtherance of person’s right to petition under anti-SLAPP statute.
Civil Procedure Mar. 9, 2010
Smith v. Adventist Health System/West
Preliminary injunction is valid without bond where defendant impliedly waived bond requirement by not objecting in writing or at hearing.
Civil Procedure Mar. 4, 2010
Pfizer Inc. v. Superior Court (Galfano)
Class certification is overbroad in Unfair Competition Law action where many class members were never exposed to alleged misrepresentations.
Civil Procedure Mar. 3, 2010
Pellegrino v. Robert Half International Inc.
Court does not deny defendant’s right to jury trial where equitable issues were decided first and judgment was entered on parties’ stipulation.
Civil Procedure Feb. 28, 2010
Office Depot Inc. v. Zuccarini
District court has quasi in rem jurisdiction over domain names registered in its district.
Civil Procedure Feb. 28, 2010
Gravillis v. Coldwell Banker Residential Brokerage Company
Court cannot review arbitration where parties’ arbitration agreement gives up right to appeal and is silent to scope of review.
Civil Procedure Feb. 28, 2010
Pellegrino v. Robert Half International Inc.
Court properly enhances attorney fee award where litigation involved complex employment law and was undertaken by attorneys on contingency basis.
Civil Procedure Feb. 25, 2010
Kode v. Carlson
Objection to jury verdict of zero damages is not waived after jury is discharged where objection is only based on one verdict.
Civil Procedure Feb. 25, 2010
McAdams v. Monier Inc.
On remand, trial court must determine if representative plaintiff meets standing requirements for class action.
Civil Procedure Feb. 24, 2010
Daniels v. Robbins
Attorneys’ anti-SLAPP motion is granted against plaintiff’s malicious prosecution claim where plaintiff only showed that client acted with malice.
Civil Procedure Feb. 24, 2010
Hertz Corp. v. Friend
For purposes of diversity jurisdiction, corporation's 'principal place of business' refers to place where corporation’s officers direct, control, and coordinate corporation’s activities.
Civil Procedure Feb. 23, 2010
Oaktree Capital Management L.P. v. Bernard
Arbitration award is not subject to court review where arbitrator makes legal conclusion based on disputed evidence.
Civil Procedure Feb. 22, 2010
Thiara v. Pacific Coast Khalsa Diwan Society
60-day period for filing appeal does not commence based on plaintiffs’ attorney’s cover letter establishing date of copy of judgment.
Civil Procedure Feb. 22, 2010
McCann v. Foster Wheeler LLC
Oklahoma statute of repose applies in California asbestos exposure case where Oklahoma’s interest would be more impaired by failure to apply statute.
Civil Procedure Feb. 18, 2010
Anderson v. Chikovani
Latest deadline for filing notice of appeal is triggered where party was not served notice of order denying new trial.
Civil Procedure Feb. 12, 2010
Jaimez v. DAIOHS USA Inc.
Trial court incorrectly denies class certification based on inadequacy of class representative.
Civil Procedure Feb. 10, 2010
Schultz v. Judgment Resolution Corp.
Mandatory Victims Restitution Act victim cannot interplead to collect on assets where debtor has already paid debt to another party.
Civil Procedure Feb. 10, 2010
Yokoyama v. Midland National Life Insurance Co.
Class certification is appropriate where determination of reliance on defendant’s deceptive practices is based on objective reasonable person standard.
Civil Procedure Feb. 9, 2010
Omstead v. Dell Inc.
Court abuses its discretion by dismissing plaintiffs’ action for failure to prosecute where no unreasonable delay was shown.
Civil Procedure Feb. 8, 2010
Villano v. Waterman Convalescent Hospital Inc.
Otherwise appealable judgment rendered with consent of appellant is non-appealable because prejudice was not shown.
Civil Procedure Feb. 8, 2010
Goodman v. Lozano
Plaintiffs are not prevailing parties where they took nothing against nonsettling defendants due to offset by amount received from settling defendants.
Civil Procedure Feb. 5, 2010
United States ex rel. Haight v. Catholic Healthcare West
Supreme Court decision, which set False Claims Act filing deadline at 30 days, retroactively applies to appeals filing, rendering it untimely.
Civil Procedure Feb. 5, 2010
Brown, Winfield & Canzoneri Inc. v. Superior Court (Great American Insurance Co.)
Court of Appeal may issue suggestive 'Palma' notice without notice to or solicitation from opposing real party in interest.
Civil Procedure Feb. 2, 2010
Biscaro v. Stern
Trial court commits structural error in failing to rule on disabled person’s request for accommodation through assistance by neuropsychologist.
Civil Procedure Feb. 1, 2010
Pellegrino v. Robert Half International Inc.
Court does not deny defendant’s right to jury trial where equitable issues were decided first and judgment was entered on parties’ stipulation.
Civil Procedure Feb. 1, 2010
Robles v. Chalilpoyil
Anti-SLAPP motion is properly denied where plaintiffs’ negligence claim was based on their own expert’s false deposition testimony.
Civil Procedure Jan. 29, 2010
Mansouri v. Superior Court (Fleur du Lac Estates Association)
Court errs by compelling arbitration where homeowners’ association failed to demand arbitration based on agreement and other party did not refuse arbitration.
Civil Procedure Jan. 29, 2010