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Arce v. Kaiser Foundation Health Plan Inc.
Demurrer is erroneously granted where action against insurer for denying autism therapies had questions of law and fact common to class. 		Civil Procedure Jan. 28, 2010
State Farm General Insurance Co. v. JT's Frames Inc.
Order denying motion to quash is not appealable where party contesting jurisdiction fully participated in resolving action’s merits while writ was pending. 		Civil Procedure Jan. 28, 2010
Stein v. York
Default judgment amounting to $2.65 million is void where complaint failed to state amount of damages requested. 		Civil Procedure Jan. 27, 2010
Hoffman v. Tonnemacher
District courts have discretion to permit successive motions for summary judgment, which are particularly appropriate on expanded factual record. 		Civil Procedure Jan. 22, 2010
State of South Carolina v. State of North Carolina
Nonstate intervenor in original action must show compelling interest apart from other state citizens, which state cannot properly represent. 		Civil Procedure Jan. 21, 2010
California Correctional Peace Officers Association v. Virga
State officials are not entitled to attorney fees where complaints were based on federal claims, rather than California Tort Claims Act. 		Civil Procedure Jan. 20, 2010
Narouz v. Charter Communications LLC
Class representative who settles personal claims while maintaining ‘personal stake’ in class can appeal claims without finding of mootness. 		Civil Procedure Jan. 19, 2010
Hollingsworth v. Perry
Attempted local rule amendment that allowed broadcast of Proposition 8 trial is invalid because it violated federal law. 		Civil Procedure Jan. 15, 2010
U.S. Philips Corp. v. KXD Technology Inc.
Modification of preliminary injunction freezing defendant's assets is void where preliminary injunction had dissolved due to entry of final judgment. 		Civil Procedure Jan. 13, 2010
Cell Therapeutics Inc. v. Lash Group Inc.
By interpreting prior settlement as establishing liability, trial court erroneously precludes qui tam defendant from bringing suit against third party. 		Civil Procedure Jan. 7, 2010
United Steel, Paper & Forestry, Rubber, Manufacturing Energy, Allied Industrial & Service Workers International Union AFL-CIO CLC v. ConocoPhillips Co.
Predominance requirement for certifying class should be based on actual, apparent issues and not possibility of plaintiff’s theory failing. 		Civil Procedure Jan. 7, 2010
Fink v. Shemtov
Plaintiff in over five cases within past seven years is considered vexatious litigant where decisions were final and adverse to him. 		Civil Procedure Jan. 6, 2010
Biscaro v. Stern
Trial court errs when it denies cognitively disabled person’s courtroom accommodation request for neuropsychologist. 		Civil Procedure Jan. 4, 2010
Kemps v. Beshwate
Innocent confusion does not qualify as illegal conduct that would bar defendants' right to special motion to strike. 		Civil Procedure Dec. 31, 2009
D.R.S. Trading Co. Inc. v. Barnes
Trial court has authority to reconsider motion for relief from default after entry of final judgment. 		Civil Procedure Dec. 24, 2009
Zermeno v. Precis Inc.
New standing provision for unfair competition lawsuits may not be applied retroactively where plaintiffs' settled rights and expectations may be significantly impaired. 		Civil Procedure Dec. 24, 2009
Sakhai v. Zipora
Court need only provide 20 days notice to show cause as to why case should not be dismissed for delay in prosecution. 		Civil Procedure Dec. 23, 2009
In re Vioxx Class Cases
Class certification is denied where individual issues prevailed in claim based on difference in price between drug with adverse effects and safer drug. 		Civil Procedure Dec. 17, 2009
Walton v. Mueller
Debtor cannot seek enforcement of purported settlement, which was created after final judgment, when action is no longer pending. 		Civil Procedure Dec. 17, 2009
Riordan v. State Farm Mutual Automobile Insurance Co.
Plaintiff seeking to recover attorney fees is only required to include prayer for fees in pleadings if fees are element of claim. 		Civil Procedure Dec. 14, 2009
Boston Telecommunications Group Inc. v. Wood
Dismissal on forum non conveniens grounds is improper where California witnesses were important to U.S. citizen’s claim and conduct occurred in California. 		Civil Procedure Dec. 10, 2009
Mohawk Industries Inc. v. Carpenter
Pretrial discovery order compelling disclosure of privileged material is not collaterally reviewable because post-judgment appeal may protect attorney-client privilege. 		Civil Procedure Dec. 9, 2009
Lemoge v. United States
When addressing motion to set aside dismissal, court must explicitly apply 'excusable neglect' framework, which includes consideration of movant's good faith. 		Civil Procedure Dec. 8, 2009
Keller v. Tuesday Morning Inc.
Decertification of class action status for overtime dispute is valid where individual issues predominated over common class issues. 		Civil Procedure Dec. 7, 2009
Tarrant Bell Property LLC v. Superior Court (Abaya)
Reference proceeding where there is possibility of conflicting rulings or poor judicial economy can be denied under discretion of trial court. 		Civil Procedure Dec. 3, 2009
Bates v. Rubio's Restaurants Inc.
Where judge is not disqualified at time of order, judge's order is effective even if contained in same minute order as recusal. 		Civil Procedure Dec. 2, 2009
Nelson v. Exxon Mobil Corp.
Transferee acquires right to pursue punitive damages when such damages were incident to transferable property claim. 		Civil Procedure Dec. 2, 2009
William O. Gilley Enterprises Inc. v. Atlantic Richfield Co.
Plaintiff asserting federal antitrust claim is estopped from alleging conspiracy under same set of facts already deemed insufficient during previous state litigation. 		Civil Procedure Dec. 2, 2009
PrediWave Corp. v. Simpson Thacher & Bartlett LLP
Client's cause of action against former attorneys for allegedly allowing CEO to loot company may not be set aside under anti-SLAPP statute. 		Civil Procedure Dec. 2, 2009
One Star Inc. v. Staar Surgical Co.
Under Code of Civil Procedure Section 998, cost-shifting provision is calculated from last unrevoked settlement offer. 		Civil Procedure Dec. 1, 2009
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