| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-56422
|
Independent Living Center Of Southern California, Inc. v. Sacramento Family Medical Clinics, Inc.
Rate reduction of medical services properly enjoined where cost data to determine effect on quality and accessibility of care was unavailable. |
Civil Procedure |
|
Jul. 13, 2009 | |
|
08-55706
|
Jane Doe I v. Wal-Mart Stores, Inc.
Employees of foreign companies claiming to be third-party beneficiaries to supply-contracts fails where no duty was created. |
Civil Procedure |
|
Jul. 13, 2009 | |
|
H033811
|
Fontaine v. Superior Court (Cashcall, Inc.)
Statutory venue exception for lawsuits arising from consumer obligations is not limited to actions brought against consumer defendant. |
Civil Procedure |
|
Jul. 9, 2009 | |
|
B203476
|
Clark v. American Residential Services LLC
Trial court fails to make informed evaluation of proposed settlement by relying on counsel's assertion that overtime claim had no value. |
Civil Procedure |
|
Jul. 8, 2009 | |
|
08-55223
|
Vinole v. Countrywide Home Loans Inc.
Defendant's motion to deny class certification is proper even though plaintiffs had not yet filed motion for certification. |
Civil Procedure |
|
Jul. 8, 2009 | |
|
08-15355
|
Mevorah v. Wells Fargo Home Mortgage
Class certification improper where court relied mainly on employer's uniform exemption policy. |
Civil Procedure |
|
Jul. 8, 2009 | |
|
07-16905
|
Nelson v. City of Davis
'Sham affidavit' rule does not preclude introduction of witness testimony that contradicts plaintiff's deposition testimony. |
Civil Procedure |
|
Jul. 8, 2009 | |
|
G042173
|
Kobayashi v. Superior Court (Han)
Petition to appeal dismissal of case for failure to obtain prefiling order denied where plaintiff was found to be 'vexatious litigant.' |
Civil Procedure |
|
Jul. 2, 2009 | |
|
08-55311
|
Cadkin v. Loose
Circuit overrules case holding that defendant is prevailing party for attorney's fee award purposes where plaintiff voluntary dismisses without prejudice. |
Civil Procedure |
|
Jun. 29, 2009 | |
|
A123310
|
Terry v. SLICO
Service of deposition subpoena on nonparty witness is effective without accompanying affidavit pursuant to Civil Discovery Act. |
Civil Procedure |
|
Jun. 29, 2009 | |
|
G040079
|
Carmel Ltd. v. Tavoussi
Defendants substantially comply with requirements for relief from default judgment where counsel's declaration showed neglect and proposed answer was available. |
Civil Procedure |
|
Jun. 29, 2009 | |
|
G040241
|
Johnson v. E-Z Insurance Brokerage Inc.
Property transfer through quitclaim deed after filing for bankruptcy is invalid, judgment lien still attached. |
Civil Procedure |
|
Jun. 24, 2009 | |
|
G040349
|
Palacio Del Mar Homeowners Association Inc. v. McMahon
Domain name not subject to direct turnover to judgment creditor. |
Civil Procedure |
|
Jun. 18, 2009 | |
|
07-16035
|
Mollison v. United States of America
United States properly served petition to quash summons within 120-day period after receipt of notice of summons. |
Civil Procedure |
|
Jun. 16, 2009 | |
|
07-35079
|
Kamm v. ITEX Corp.
Forum selection clause is not 'defect' precluding review of order removing case to federal court. |
Civil Procedure |
|
Jun. 16, 2009 | |
|
B210629
|
Haro v. City of Rosemead
Class action under Fair Labor Standard Act of 1938 cannot be maintained where plaintiffs must opt-in to participate. |
Civil Procedure |
|
Jun. 11, 2009 | |
|
08-660
|
United States ex rel. Eisenstein v. City of New York
United States is not considered 'party' in privately initiated False Claims Act action where right to intervene not exercised. |
Civil Procedure |
|
Jun. 9, 2009 | |
|
07-55835
|
Kearns v. Ford Motor Co.
Class action alleging fraudulent conduct under state law removed to federal court must satisfy particularity pleading requirement. |
Civil Procedure |
|
Jun. 9, 2009 | |
|
G038734
|
Doppes v. Bentley Motors Inc.
Trial court abuses its discretion by failing to impose terminating sanctions against defendant for repeated misuse of discovery process. |
Civil Procedure |
|
Jun. 9, 2009 | |
|
A121827
|
Valentine Capital Asset Management Inc. v. Agahi
Arbitration between Financial Industry Regulatory Authority member representatives is not required where dispute does not arise from work conducted in representative capacity. |
Civil Procedure |
|
Jun. 1, 2009 | |
|
B206790
|
Aguilera v. Heiman
Negligence claim not equitably tolled where defendants were joined in first claim for workers' compensation after statute of limitations had expired. |
Civil Procedure |
|
Jun. 1, 2009 | |
|
B205969
|
Bi-Coastal Payroll Services Inc. v. California Insurance Guarantee Association
Minute order entitled 'Notice of Entry' of judgment does not trigger 60-day period for filing notice of appeal. |
Civil Procedure |
|
Jun. 1, 2009 | |
|
B206513
|
Garcia v. Santana
Trial court fails to consider entirety of circumstances in deciding whether to grant reasonable attorney fees against indigent plaintiff. |
Civil Procedure |
|
May 31, 2009 | |
|
B205766
|
Kojababian v. Genuine Home Loans Inc.
Summary judgment proper where moving party shows absence of triable issues of material fact and opposing party fails to file separate statement. |
Civil Procedure |
|
May 31, 2009 | |
|
F055200
|
Rodriguez v. Henard
Motion to set aside default judgment denied where alleged zip code defect in affidavits of mailing deemed not prejudicial. |
Civil Procedure |
|
May 31, 2009 | |
|
B208024
|
Pelayo v. J.J. Lee Management Co. Inc.
Default judgment against 'Doe' defendant is improper where proof of service fails to state fictitious name under which defendant was served. |
Civil Procedure |
|
May 31, 2009 | |
|
G038984
|
Applera Corp. v. MP Biomedicals LLC
Plaintiff properly sues in state court where breach of contract claim involved alleged failure to pay royalties under patent licensing agreement. |
Civil Procedure |
|
May 31, 2009 | |
|
B186000
|
Dee v. PCS Property Management Inc.
Proposed expert testimony is properly excluded where experts relied on unsupported assumption that mold exposure caused plaintiff’s symptoms. |
Civil Procedure |
|
May 31, 2009 | |
|
S149499
|
Hernandez v. City of Pomona
Federal judgment collaterally estops plaintiffs from pursuing wrongful death claim based on officers' allegedly negligent preshooting conduct. |
Civil Procedure |
|
May 28, 2009 | |
|
G041255
|
Yamaha Motor Co. Ltd. v. Superior Court (Connors)
Hague Service Convention not applicable where Japanese manufacturer is validly served under California law via service on American subsidiary. |
Civil Procedure |
|
May 27, 2009 |
