Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B314042
|
Trujillo v. City of Los Angeles
A Section 998 offer to settle becomes inoperative once the court issues a summary judgment ruling, whether written or oral. |
Civil Procedure |
|
B. Hoffstadt | Oct. 28, 2022 |
F082289
|
Limon v. Circle K Stores
Former gas station employee lacked standing to pursue damages in California because he did not suffer any injury under the Fair Credit Reporting Act from receiving an accurate consumer report. |
Civil Procedure |
|
M. Snauffer | Oct. 27, 2022 |
D075957
|
K.M. v. Grossmont Union High School Dist.
Treble damages provision in Code of Civil Procedure Section 340.1 for a claim involving a prior cover-up of childhood sexual abuse is not applicable to public school districts. |
Civil Procedure |
|
R. Huffman | Oct. 27, 2022 |
B310118
|
City of Los Angeles v. PricewaterhouseCoopers, LLC
Award of monetary sanctions for city's alleged egregious misuse of the discovery process was not authorized by the statutes cited under the Civil Discovery Act. |
Civil Procedure |
|
C. Moor | Oct. 24, 2022 |
G060411
|
Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment. |
Civil Procedure |
|
M. Sanchez | Oct. 19, 2022 |
G060852
|
Golf & Tennis Pro Shop v. Superior Court (Frye)
Although the time period to file notice of a motion to compel further responses does not start upon service of a combination of unverified responses and objections, petitioner's motion was nonetheless untimely. |
Civil Procedure |
|
W. Bedsworth | Oct. 19, 2022 |
A163767
|
Amy's Kitchen v. Fireman's Fund Insurance Co.
Insured should have been granted leave to amend the complaint because the trial court never considered whether it could amend to properly allege a "communicable disease event" under property insurance policy. |
Civil Procedure |
|
S. Pollak | Oct. 6, 2022 |
21-55520
|
Guzman v. Polaris Industries
Summary judgment was improper where district court lacked equitable jurisdiction and therefore could not make a determination on the merits of the underlying claim. |
Civil Procedure |
|
E. Robreno | Sep. 30, 2022 |
21-15526
|
Sonner v. Premier Nutrition
District court did not abuse its discretion in denying injunction of state court complaint based on res judicata since the decision to enjoin under the Anti-Injunction Act relitigation exception is discretionary. |
Civil Procedure |
|
B. Bade | Sep. 30, 2022 |
21-15758
|
In Re Apple Inc. Device Performance Litigation
Class action settlement was vacated and remanded because the district court applied the wrong legal standard and ignored precedent requiring a heightened fairness inquiry prior to class certification. |
Civil Procedure |
|
J. Nguyen | Sep. 29, 2022 |
21-35480
|
Save the Bull Trout v. Williams
Environmentalist plaintiffs' claims were precluded because claim preclusion barred subsequent filings of claims that were subject to a denial of leave to amend. |
Civil Procedure |
|
M. Hawkins | Sep. 29, 2022 |
C093301
|
Estate of Douglas
Trial court acted within its discretion when it issued order granting motion to correctly note judgment debtor's capacity as an estate administrator nunc pro tunc to date judgment renewal was entered. |
Civil Procedure |
|
R. Robie | Sep. 26, 2022 |
A162795
|
Tarrar Enterprises v. Associated Indemnity Corp.
Trial court's decision to sustain insurer's demurrer to insured's original complaint without leave to amend was error even though the complaint did not allege the necessary damage for coverage. |
Civil Procedure |
|
J. Richman | Sep. 26, 2022 |
A161534
|
John/Jane Doe v. McLaughlin
Doe was not entitled to attorneys' fees for his motion to quash a subpoena since the motion was rendered moot by the dismissal of the subpoena by an Illinois court. |
Civil Procedure |
|
J. Richman | Sep. 23, 2022 |
20-55737
|
Vo v. Choi
Where district court provided analysis specific to American with Disabilities Act case's circumstances, it properly declined supplemental jurisdiction of Unruh Act claim. |
Civil Procedure |
|
L. VanDyke | Sep. 22, 2022 |
A162750
|
Kernan v. Regents of the University of California
In a medical malpractice action, health care provider failed to establish that plaintiff's request for an autopsy indicated subjective suspicion of wrongdoing, which would have commenced the limitations period. |
Civil Procedure |
|
T. Brown | Sep. 22, 2022 |
A163266
|
Arega v. Bay Area Rapid Transit District
Plaintiffs' notice of appeal was timely filed because the deadline was extended based upon a recognized exception: the filing of a motion to vacate judgment which was inadvertently not contested. |
Civil Procedure |
|
I. Petrou | Sep. 16, 2022 |
F081786
|
Kaur v. Foster Poultry Farms LLC
Workers' Compensation Appeals Board's decision did not have preclusive effect on employee's Fair Employment and Housing Act claims, because issues decided were not identical to issues implicated in FEHA claim. |
Civil Procedure |
|
M. Smith | Sep. 16, 2022 |
E076778
|
Electronic Frontier Foundation, Inc. v. Superior Court (San Bernardino County District Attorney's Office)
Abuse of discretion standard applies when evaluating denial of a petition to unseal search warrant affidavits with confidential informants. |
Civil Procedure |
|
C. Codrington | Sep. 16, 2022 |
21-16299
|
Pinkert v. Schwab Charitable Fund
Donor lacked Article III standing to sue for breach of fiduciary duty regarding donor-advised fund because he did not allege any concrete, imminent injury. |
Civil Procedure |
|
M. Smith | Sep. 15, 2022 |
E077036
|
Guardianship of A.H.
Trial court's exclusion of testimony of a petitioner, the sole witness, was a terminating sanction and an abuse of trial court's discretion. |
Civil Procedure |
|
M. Ramirez | Sep. 14, 2022 |
E075264
|
Cell-Crete Corp. v. Federal Ins. Co.
In action to enforce liability of surety on payment bond, prevailing party was entitled to attorney's fees even though all fees incurred by prevailing party were paid by third-party indemnifier. |
Civil Procedure |
|
M. Slough | Sep. 12, 2022 |
G061500
|
Garg v. Garg
Failure to file notice of appeal as soon as practicable after alleged failure during electronic transmission caused missed deadline meant defendant-appellants were not entitled to nunc pro tunc relief. |
Civil Procedure |
|
P. Curiam (Cal Courts of Appeal) | Sep. 9, 2022 |
20-36009
|
Klamath Irrigation District v. Shasta View Irrigation District
Intervening tribes were required parties to the action because a declaration that U.S. Bureau of Reclamation's operating procedures concerning the distribution of waters were unlawful would imperil the tribes' reserved water rights. |
Civil Procedure |
|
K. Wardlaw | Sep. 9, 2022 |
21-16563
|
Aguilar v. Walgreen
District court's order invalidating law firm's class action settlement opt-outs was amenable to review after final judgment, placing it outside of the third collateral order requirement, "effective unreviewability." |
Civil Procedure |
|
C. Bea | Sep. 8, 2022 |
G060972
|
ZF Micro Solutions, Inc. v. TAT Capital Partners, Ltd.
Suit seeking only monetary damages was an action at law, not in equity, and therefore complainant was entitled to a jury trial. |
Civil Procedure |
|
W. Bedsworth | Sep. 8, 2022 |
A162441
|
Sarkany v. West
Under Code of Civil Procedure Section 995.240, trial courts have authority to waive the requirement for indigent litigants that a bond or undertaking be given to stay enforcement of a money judgment pending appeal. |
Civil Procedure |
|
M. Miller | Sep. 1, 2022 |
21-35617
|
Will Co., Ltd. v. Lee
Specific personal jurisdiction was established against Hong-Kong based video-hosting website when they profited from U.S. viewers, hosted the website in Utah and addressed U.S. legal compliance on their site. |
Civil Procedure |
|
K. Wardlaw | Sep. 1, 2022 |
A161923
|
Siri v. Sutter Home Winery
Plaintiff's conditional acceptance of her employer's Section 998 offer did not create a binding enforceable settlement because the acceptance was not absolute and unqualified. |
Civil Procedure |
|
S. Pollak | Aug. 29, 2022 |
A161885
|
Modification: Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees. |
Civil Procedure |
|
T. Brown | Aug. 26, 2022 |