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Name Category Published
Magana Cathcart McCarthy v. CB Richard Ellis Inc.
Stipulated judgment cannot stand where parties failed to comply with summary judgment requirements. 		Civil Procedure May 25, 2009
Lewis C. Nelson & Sons Inc. v. Lynx Iron Corp.
Grant of motion to vacate voluntary dismissal deemed improper where adverse dispositive ruling not inevitable. 		Civil Procedure May 25, 2009
Avery v. First Resolution Management Corp.
Claim that defendants attempted to collect time-barred debt fails where parties lawfully adopted state's statute of limitations and tolling provisions. 		Civil Procedure May 25, 2009
Center for Self-Improvement and Community Development v. Lennar Corp.
Suspension of corporate powers at time of serving Proposition 65 notice is cured by revivor. 		Civil Procedure May 21, 2009
Manhattan Loft LLC. v. Mercury Liquors Inc.
Anti-SLAPP statute does not protect recording of lis pendens for property where no civil action was filed. 		Civil Procedure May 19, 2009
Elkman v. National States Insurance Co
Acceptance of premium payments from California resident does not establish jurisdiction over out-of-state insurance company. 		Civil Procedure May 17, 2009
Elliott v. White Mountain Apache Tribal Court
Non-Indian defendant for civil suit brought in tribal court not entitled to federal court relief until tribal court remedies are exhausted. 		Civil Procedure May 14, 2009
Meyer v. Horizon Health Corp.
District court lacks subject matter jurisdiction over False Claims Act action where public disclosure of allegations occurred in prior suit. 		Civil Procedure May 14, 2009
Maatuk v. Guttman
Trial court properly excludes expert testimony regarding damages from loss of patents where product was still in development. 		Civil Procedure May 12, 2009
Hatfield v. Halifax PLC
Statute of limitations period does not bar claim of California class members under doctrine of equitable tolling. 		Civil Procedure May 10, 2009
Keener v. Jeld-Wen Inc.
Verdict upheld where juror's silence during polling did not constitute 'expressed disagreement.' 		Civil Procedure May 7, 2009
Ramon v. County of Santa Clara
Work performed to oppose amicus brief in case involving same issue presented in present action is subject to attorney's fees award. 		Civil Procedure May 5, 2009
Carlsbad Technology Inc. v. HIF Bio Inc.
Court's order remanding case to state court after declining to exercise supplemental jurisdiction is reviewable. 		Civil Procedure May 4, 2009
Arthur Andersen LLP v. Carlisle
Appellate court errs by dismissing appeal regarding denial of Federal Arbitration Act Section 3 motion to stay for lack of jurisdiction. 		Civil Procedure May 4, 2009
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 3, 2009
Safeco Insurance Co. of America v. Superior Court (Karnan)
Order granting motion for precertification discovery is upheld where trial court properly weighed potential for abuse against rights of parties. 		Civil Procedure May 3, 2009
Lockwood v. Sheppard, Mullin, Richter & Hampton
State court lacks subject matter jurisdiction where federal law governs substantial issues related to patent in complaint. 		Civil Procedure May 3, 2009
Conkright v. Frommert
Pension plan does not satisfy criteria for grant of stay pending disposition of petition for certiorari despite 'change in circumstance.' 		Civil Procedure May 3, 2009
Sakaguchi v. Sakaguchi
Service of process and statement of damages proper where documents mailed to prison in which defendant was incarcerated. 		Civil Procedure Apr. 29, 2009
Munoz v. City of Union City
Interest to accrue from date of entry for original judgment where later rulings only modified portion of fault for each party. 		Civil Procedure Apr. 23, 2009
Fries v. Rite Aid Corp.
Defendant seeking costs after plaintiff’s voluntary dismissal not required to file proposed judgment together with memorandum of costs. 		Civil Procedure Apr. 23, 2009
Teselle v. McLoughlin
Court abuses discretion by granting summary judgment where plaintiff missed response deadline and defendants' motion failed to address material fact in dispute. 		Civil Procedure Apr. 23, 2009
Buckingham v. Gannon
No jurisdiction to review interlocutory order disapproving class settlement where plaintiffs fail to show that order has 'serious, perhaps irreparable, consequence.' 		Civil Procedure Apr. 22, 2009
Tur v. YouTube, Inc.
No appellate review for dismissed case where sole jurisdictional basis is that determination of issue may restrict litigation elsewhere. 		Civil Procedure Apr. 21, 2009
Watkins v. Wachovia Corp.
Named plaintiff may not pursue appeal on behalf of class where she voluntarily settled her own claims against defendant. 		Civil Procedure Apr. 20, 2009
Koepnick v. Kashiwa Fudosan America Inc.
Refusal to impose several liability for non-economic damages award is proper where defendant owner had nondelegable duty to maintain safe elevators. 		Civil Procedure Apr. 20, 2009
Century 21 Chamberlain & Associates v. Haberman
Declaratory cause of action based on defendant's request to compel arbitration not protected activity subject to anti-SLAPP statute. 		Civil Procedure Apr. 19, 2009
Vidrio v. Hernandez (Mercury Insurance Company)
Court errs in imposing sanctions against nonparty insurer for failure to negotiate settlement in good faith. 		Civil Procedure Apr. 14, 2009
Birl v. Heritage Care LLC
Defendant nursing facility is not permitted to arbitrate claims where codefendant hospital and facilities may have contributed to cause of injuries. 		Civil Procedure Apr. 10, 2009
Avery v. First Resolution Management Corp.
Claim that defendants attempted to collect time-barred debt fails where parties lawfully adopted state's statute of limitations and tolling provisions. 		Civil Procedure Apr. 3, 2009
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