| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-16888
|
Los Altos El Granada Investors v. City of Capitola
Reservation of right to litigate federal claims in federal court is valid despite state court’s decision to strike reservation from complaint. |
Civil Procedure |
|
Oct. 8, 2009 | |
|
07-35571
|
Loya v. Starwood Hotels & Resorts Worldwide Inc.
Wrongful death claim implicating Death on High Seas Act is subject to dismissal based on forum non conveniens. |
Civil Procedure |
|
Oct. 5, 2009 | |
|
B212854
|
Buesa v. City of Los Angeles
Consideration of perjury issue in mandate proceeding precludes separate action for that issue due to collateral estoppel. |
Civil Procedure |
|
Oct. 5, 2009 | |
|
07-16306
|
Provincial Government of Marinduque v. Placer Dome Inc.
Subject-matter jurisdiction is improperly exercised under ‘act of state’ doctrine when asserted claims did not depend on evaluation of foreign state action. |
Civil Procedure |
|
Sep. 30, 2009 | |
|
07-35916
|
Hunter v. Phillip Morris USA
Claim that non-diverse defendant was fraudulently joined based on federal preemption is not ‘obvious according to settled rules of state.’ |
Civil Procedure |
|
Sep. 29, 2009 | |
|
B206272
|
Doe v. The Roman Catholic Archbishop of Cashel & Emily
Plaintiff waives issue of personal jurisdiction where he failed to fully address all relevant arguments and findings upon review. |
Civil Procedure |
|
Sep. 25, 2009 | |
|
B214447
|
Manela v. Superior Court (Manela)
Patient-litigant exception to physician-patient privilege does not apply where patient merely denied allegations of seizure disorder. |
Civil Procedure |
|
Sep. 24, 2009 | |
|
B208782
|
Hearn v. Howard
Service of summons and complaint at party’s commercial post office box is valid where box was listed as business address. |
Civil Procedure |
|
Sep. 24, 2009 | |
|
A123168
|
Clement v. Alegre
Improperly motivated objections to interrogatories, which referenced prior contemporaneous interrogatories, are subject to sanctions. |
Civil Procedure |
|
Sep. 24, 2009 | |
|
B208335
|
The Vons Companies Inc. v. Lyle Parks Jr. Inc.
Trial court errs in refusing to award litigation costs to litigant that prevailed on claims assigned to it by original plaintiff. |
Civil Procedure |
|
Sep. 21, 2009 | |
|
B214119
|
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 |
|
Sep. 21, 2009 | |
|
A121623
|
Cho v. Seagate Technology Holdings Inc.
Notice to plaintiff settlement class is inadequate where class definition only included persons who bought product from authorized retailer or distributor. |
Civil Procedure |
|
Sep. 17, 2009 | |
|
B206272
|
Doe v. The Roman Catholic Archbishop of Cashel & Emily
Plaintiff waives issue of personal jurisdiction where he failed to fully address all relevant arguments and findings upon review. |
Civil Procedure |
|
Sep. 2, 2009 | |
|
B211431
|
Burlage v. Superior Court (Spencer)
Trial court may vacate arbitration award where arbitrator excluded material evidence, which showed that damages no longer existed. |
Civil Procedure |
|
Sep. 1, 2009 | |
|
07-15386
|
Bauman v. DaimlerChrysler Corp.
Court lacks jurisdiction over nonresident parent company where subsidiary determined destination of products and parent would not perform subsidiary’s services. |
Civil Procedure |
|
Aug. 31, 2009 | |
|
D054077
|
Airlines Reporting Corp. v. Renda
Motion to vacate not subject to 30-day deadline where defendant attacked sister-state judgment on jurisdictional grounds. |
Civil Procedure |
|
Aug. 28, 2009 | |
|
B212603
|
Rodriguez v. Superior Court (Witzling)
Agreement to arbitrate medical malpractice claims is unenforceable where patient died prior to 30-day period for revocation. |
Civil Procedure |
|
Aug. 27, 2009 | |
|
B204634
|
D.C. v. Harvard-Westlake School
Arbital expenses may not be imposed against plaintiffs seeking relief under California hate crimes law. |
Civil Procedure |
|
Aug. 17, 2009 | |
|
B203923
|
Jhaveri v. Teitelbaum
Claims against cotortfeasors are not reduced by amount in settlement with other cotortfeasor where settlement was not reached prior to verdict. |
Civil Procedure |
|
Aug. 14, 2009 | |
|
07-16187
|
U-Haul International Inc. v. Lumbermens Mutual Casualty Co.
Computer-generated summaries of payments made on insurance claims are admissible records of regularly conducted business activity. |
Civil Procedure |
|
Aug. 13, 2009 | |
|
B210897
|
Williams v. Southern California Gas Co.
Court errs by barring subsequent claim where factual allegations were contrary to judicially noticed facts contained in interrogatories. |
Civil Procedure |
|
Aug. 12, 2009 | |
|
07-16993
|
Boyd v. City and County of San Francisco
Reversal of defense verdict is not warranted where court erroneously admitted evidence of rap lyrics found during search of decedent's car. |
Civil Procedure |
|
Aug. 10, 2009 | |
|
08-35191
|
Mangum v. Action Collection Service Inc.
Plaintiff's claim under Fair Debt Collection Practices Act is timely where discovery rule applied to limitations period. |
Civil Procedure |
|
Aug. 6, 2009 | |
|
F056749
|
Manson, Iver & York v. Black
Default judgment set aside on equitable grounds where error in defendant name precluded proper notice and opportunity to defend. |
Civil Procedure |
|
Aug. 4, 2009 | |
|
08-35248
|
Bosack v. Soward
Arbitration award is proper where panel did not redetermine issues previously resolved by final interim award. |
Civil Procedure |
|
Jul. 24, 2009 | |
|
B208691
|
People v. Indiana Lumbermens Mutual Insurance Co.
Surety does not forfeit bond where defendant was in custody outside of county within 180 days of forfeiture notice. |
Civil Procedure |
|
Jul. 23, 2009 | |
|
08-35075
|
BNSF Railway Co. v. O'Dea
Court overturns opinion barring district courts from reviewing state administrative agency decisions based on diversity jurisdiction. |
Civil Procedure |
|
Jul. 17, 2009 | |
|
07-15388
|
Thomas v. Mundell
County Attorney seeking to bar racially segregated DUI courts lacks standing to sue in federal court. |
Civil Procedure |
|
Jul. 16, 2009 | |
|
A121642
|
Turner v. Schultz
Attorney fee award is proper where defendant was 'prevailing party' in action to forestall arbitration. |
Civil Procedure |
|
Jul. 15, 2009 | |
|
C061476
|
Branner v. Regents of the University of California
Appeal from order granting special motion to strike is untimely where plaintiff failed to file valid motion to reconsider. |
Civil Procedure |
|
Jul. 15, 2009 |
