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Wolf v. Life Insurance Co. of North America
Insurance company forfeited argument of which standard and test to apply in defining the term "accident" when it first tried to raise the argument on appeal.
Civil Procedure 9th Aug. 26, 2022
King v. Pacific Gas & Electric Co.
Surviving spouse was entitled to intervene in wrongful death action filed by a personal representative, decedent's former spouse, so long as surviving spouse met statutory requirements for mandatory intervention.
Civil Procedure 1DCA/3 Aug. 24, 2022
Paredes v. Credit Consulting Services, Inc.
Plaintiff could show a probability of prevailing on the merits since the filing of the underlying lawsuit tolled the one-year statute of limitations for her permissive cross-complaint.
Civil Procedure 6DCA Aug. 24, 2022
Negrete v. City of Oakland
Mere anticipation of a defense involving a potential federal issue was insufficient for federal question jurisdiction.
Civil Procedure 9th Aug. 22, 2022
Ho v. Russi
District court erred in sua sponte declining supplemental jurisdiction over Unruh Act claim without providing plaintiff with notice of its intent to dismiss or an opportunity to respond.
Civil Procedure 9th Aug. 22, 2022
Dept. of Fair Employment and Housing v. Superior Court (Cisco Systems)
When determining whether a party may proceed pseudonymously, the court must take all relevant considerations into account, including the specific risk of retaliatory harm to family members outside the jurisdiction.
Civil Procedure 6DCA Aug. 9, 2022
Rycz v. Superior Court (McGarry)
The availability of remote testimony is not a proper basis for denying a motion to transfer a case to the county where most witnesses are located.
Civil Procedure 1DCA/5 Aug. 1, 2022
Amended Opinion: Callahan v. Brookdale Senior Living Communities
Requesting to intervene in Private Attorneys General Act lawsuit because the PAGA settlement was too small was a disagreement over litigation strategy not meriting intervention as a matter of right.
Civil Procedure 9th Aug. 1, 2022
Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees.
Civil Procedure 1DCA/4 Aug. 1, 2022
Liberty Insurance Corp. v. Brodeur
District court's substantive limits on witness' testimony were reversed because the homeowners provided the necessary contact information before his testimony.
Civil Procedure 9th Jul. 29, 2022
Modification: Daimler Trucks North America LLC v. Superior Court (Hu)
Defendant's systematic business activities in California were sufficient to support a finding of specific jurisdiction even though the cause of action did not arise out of defendant's in-state conduct.
Civil Procedure 2DCA/5 Jul. 26, 2022
Transcon Financial, Inc. v. Reid & Hellyer, APC
Motions for sanctions filed on the 21st day of the safe harbor period instead of after the period had run required denial of the motions.
Civil Procedure 4DCA/2 Jul. 26, 2022
Leenay v. Superior Court (Lowe's Home Centers)
The trial court erred in staying plaintiff's action because of a pending arbitration to which the plaintiff was not a party.
Civil Procedure 4DCA/2 Jul. 25, 2022
Lang Van v. VNG Corp.
Personal jurisdiction existed in copyright infringement claim where foreign defendant had intentionally targeted American companies with actions in the United States market that would harm their interests there.
Civil Procedure 9th Jul. 22, 2022
Medina Tovar v. Zuchowski
District court did not abuse its discretion in denying application for attorneys' fees under the Equal Access to Justice Act because the government's non-prevailing position was substantially justified.
Civil Procedure 9th Jul. 22, 2022
Parkford Owners for a Better Community v. Windeshausen
When appellate court dismisses a lawsuit based solely on mootness, a subsequent lawsuit involving the same parties is not barred by claim or issue preclusion.
Civil Procedure 3DCA Jul. 18, 2022
Petrolink, Inc. v. Lantel Enterprises
Trial court had authority to enforce property purchase agreement between parties despite an unforeseen eminent domain action on the property encumbering the property's title.
Civil Procedure 4DCA/3 Jul. 15, 2022
Tukes v. Richard
Plaintiff lacked standing to bring a malicious prosecution claim because he was not a named defendant in the original complaint and his uninvited answer did not make him a party.
Civil Procedure 2DCA/8 Jul. 14, 2022
Unified Data Services v. Federal Trade Commission
Pre-enforcement challenge to government policy prohibiting the use of soundboards in telemarketing lacked standing because plaintiffs did not articulate a concrete plan to violate the policy in question.
Civil Procedure 9th Jul. 14, 2022
Daimler Trucks North America LLC v. Superior Court (Hu)
Defendant's systematic business activities in California were sufficient to support a finding of specific jurisdiction even though the cause of action did not arise out of defendant's in-state conduct.
Civil Procedure 2DCA/5 Jul. 11, 2022
Coastline JX Holdings LLC v. Bennett
Profit-sharing plan was automatically exempt from levy under both ERISA and California law because there was no conflict between ERISA and California law.
Civil Procedure 4DCA/3 Jul. 11, 2022
Ross Dress for Less, Inc. v. Makarios-Oregon, LLC
Allowing a party to unilaterally withdraw jury demand was appropriate where the other party had agreed to a lease that contained a waiver of its right to a jury trial.
Civil Procedure 9th Jul. 11, 2022
City and County of Honolulu v. Sunoco LP
In a case involving whether oil and gas companies misled the public about fossil fuel dangers, oil and gas companies failed to establish federal jurisdiction to merit removal of case from Hawaii state court.
Civil Procedure 9th Jul. 8, 2022
Bowerman v. Field Asset Services, Inc.
Class certification was reversed because the class members could not show that the whole class suffered damages traceable to their alleged misclassification as independent contractors.
Civil Procedure 9th Jul. 6, 2022
Reposted to Provide Corrected Version: Grande v. Eisenhower Medical Center
Second class action regarding similar allegations was not precluded by judgment in first class action where the new defendant was a nonparty lacking privity with party in the first action.
Civil Procedure CASC Jul. 5, 2022
Machowski v. 333 N. Placentia Property
Awarding attorney's fees according to schedule was an abuse of discretion when plaintiff clearly stated her intention to opt out of that method.
Civil Procedure 9th Jul. 5, 2022
Grande v. Eisenhower Medical Center
Second class action regarding similar allegations was not precluded by judgment in first class action where the new defendant was a nonparty lacking privity with party in the first action.
Civil Procedure CASC Jul. 1, 2022
Callahan v. Brookdale Senior Living Communities
Requesting to intervene in Private Attorneys General Act lawsuit because the PAGA settlement was too small was a disagreement over litigation strategy not meriting intervention as a matter of right.
Civil Procedure 9th Jun. 30, 2022
LG Chem, Ltd. v. Superior Court (Lawhon)
Court could not exercise jurisdiction over Korean battery manufacturer since plaintiff's product liability claims for exploding vape battery did not arise out of manufacturer's sale of batteries for electric vehicles.
Civil Procedure 4DCA/1 Jun. 29, 2022
Doe v. The Regents of the University of California
Because trial courts have the power to render decisions, failing to join indispensable parties was not a jurisdictional defect.
Civil Procedure 1DCA/3 Jun. 28, 2022