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Guessous v. Chrome Hearts LLC
Subsequent domestic lawsuit cannot be stricken under anti-SLAPP motion because original foreign lawsuits are not protected.
Civil Procedure Dec. 1, 2009
Standard Microsystems Corp. v. Winbond Electronics Corp.
Trial court must provide mandatory relief where defendants’ prior attorney admitted to mistake that led to adverse judgment.
Civil Procedure Nov. 26, 2009
Carol Gilbert Inc. v. Haller
Summons that lacks reference to defendant's fictitious name does not satisfy notice requirement regardless of notice by other means.
Civil Procedure Nov. 26, 2009
Align Technology Inc. v. Tran
Although ‘related causes of action’ are compulsorily barred in subsequent suit, court may grant party leave to amend to assert other claims.
Civil Procedure Nov. 26, 2009
Galleria Plus Inc. v. Hanmi Bank
Notice of motion for sanctions is defective due to failure to specify when motion would be made.
Civil Procedure Nov. 22, 2009
Padgett v. Wright
Exception to rule prohibiting appeal of denial of summary judgment does not apply where jury already found constitutional violation.
Civil Procedure Nov. 22, 2009
Nelson v. Exxon Mobil Corp.
Transferee acquires right to pursue punitive damages when such damages were incident to transferable property claim.
Civil Procedure Nov. 22, 2009
Myers v. Trendwest Resorts, Inc.
Defendant's statement of undisputed facts accompanying motion for summary judgment does not constitute judicial admission of facts.
Civil Procedure Nov. 22, 2009
Perry v. Proposition 8 Official Proponents
Public interest organization is not entitled to intervene in suit challenging Proposition 8’s constitutionality where existing parties would adequately represent organization’s interests.
Civil Procedure Nov. 19, 2009
Epic Communications Inc. v. Richwave Technology Inc.
Personal jurisdiction exists over Taiwanese companies where companies dealt directly with California company regarding development of technology.
Civil Procedure Nov. 18, 2009
NutraGenetics LLC v. Superior Court (Cavenah)
Separate case asserting same facts and claims as previous related suit but against different defendant is not ‘continuation’ of previous suit.
Civil Procedure Nov. 18, 2009
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 Nov. 18, 2009
United Central Bank v. Superior Court (Chang)
Writ of attachment issues on guaranty, regardless of security on loan, where guarantor waived right to require creditor to proceed against borrower.
Civil Procedure Nov. 17, 2009
State of Arizona ex rel. Arizona Dept. of Revenue v. Yuen
Judgment giving full faith and credit to Arizona proceeding is vacated due to California resident’s lack of notice and conflicts of interest.
Civil Procedure Nov. 15, 2009
Louie v. BFS Retail and Commercial Operations LLC
Lawsuit seeking damages is not barred by res judicata where prior class action lawsuit reserved damage claims by consent decree.
Civil Procedure Nov. 10, 2009
Evans v. Lasco Bathware Inc.
Class certification denial based on finding that individual damage issues predominate is not abuse of discretion despite offered formula estimating class-wide damages.
Civil Procedure Nov. 9, 2009
Nader Automotive Group LLC v. New Motor Vehicle Board (Volkswagen of America Inc.)
New Vehicle Board properly dismisses protest when petitioner fails to comply with discovery and makes only superficial attempt to justify such failure.
Civil Procedure Nov. 9, 2009
Credit Suisse First Boston Mortgage Capital v. Danning, Gill, Diamond & Kollitz
Personal property is no longer subject to lien following transfer if transfer was made within context of letter of credit transaction.
Civil Procedure Nov. 4, 2009
Vivendi SA v. T-Mobile USA Inc.
French corporation's claim against German company is properly dismissed based on forum non conveniens despite purchase of bonds from U.S. company.
Civil Procedure Nov. 2, 2009
Lee v. Valverde
Blood alcohol concentration report is admissible under public records exception where report contained date different from date on which analysis occurred.
Civil Procedure Nov. 1, 2009
Cohen v. DIRECTV Inc.
Class that is broadly defined by subscription to particular satellite service meets ascertainability requirement although definition may include individuals not injured.
Civil Procedure Oct. 29, 2009
Law Offices of Andrew L. Ellis v. Yang
When plaintiff files dismissal before commencement of trial, trial court loses jurisdiction to act, which includes ruling on motion.
Civil Procedure Oct. 28, 2009
Myers v. Trendwest Resorts Inc.
Defendant's statement of undisputed facts accompanying motion for summary judgment does not constitute judicial admission of facts.
Civil Procedure Oct. 27, 2009
Bosack v. Soward
Arbitration award is proper where panel did not redetermine issues previously resolved by final interim award.
Civil Procedure Oct. 26, 2009
Burlage v. Superior Court (Spencer)
Arbitration award must be vacated where arbitrator excluded evidence, which showed that no damages or dispute existed.
Civil Procedure Oct. 21, 2009
United Teachers Los Angeles v. Los Angeles Unified School District
Trial court errs in refusing to grant petition to compel arbitration where denial was based on substantive merits of dispute.
Civil Procedure Oct. 19, 2009
Padgett v. Wright
Exception to rule prohibiting appeal of denial of summary judgment does not apply where jury already found constitutional violation.
Civil Procedure Oct. 15, 2009
Nazir v. United Airlines Inc.
Trial court errs by refusing to read thousands of useless pages of moving papers prior to granting summary judgment.
Civil Procedure Oct. 13, 2009
Kinsey v. Union Pacific Railroad Co.
Federal law does not authorize award of expert witness fees to defendant who made rejected settlement offer and then obtained defense verdict.
Civil Procedure Oct. 12, 2009
Paragon Real Estate Group of San Francisco Inc. v. Hansen
Joint tortfeasors are entitled to indemnity through filing of cross-complaint despite availability of indemnity in initial action.
Civil Procedure Oct. 9, 2009