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Dicola v. White Bros. Performance Products Inc.
In products liability action, hearsay declaration by plaintiffs' counsel does not raise triable issue showing defendants manufactured and distributed defective product. 		Civil Procedure Jan. 4, 2008
Hirano v. Hirano
Party’s failure to exchange expert information before initial trial date is irrelevant once resultant judgment is reversed and discovery reopened. 		Civil Procedure Jan. 4, 2008
Bates v. United Parcel Service Inc.
Burden-shifting and qualification standard in 'business necessity' defense does not apply to UPS' discriminatory policy against hearing impaired drivers. 		Civil Procedure Dec. 31, 2007
Engle v. Copenbarger and Copenbarger
Party who secures recovery by accepting statutory offer is entitled to attorney costs and fees unless expressly excluded in offer to compromise. 		Civil Procedure Dec. 27, 2007
Harman v. City and County of San Francisco
Costs for work performed on unsuccessful attorney fee issue in prior appeal must be deleted from total attorney fee award. 		Civil Procedure Dec. 26, 2007
Bell v. Superior Court (H.F. Cox Inc.)
Court improperly denies class certification with respect to overtime and vacation pay claims of hourly employees not excluded by motor carrier exemption. 		Civil Procedure Dec. 24, 2007
Westamerica Bank v. MBG Industries Inc.
Defendant's offer to settle amended complaint and not cross complaint validly triggers provisions of Code of Civil Procedure Section 998. 		Civil Procedure Dec. 21, 2007
Hirano v. Hirano
Party’s failure to exchange expert information before initial trial date is irrelevant once resultant judgment is reversed and discovery reopened. 		Civil Procedure Dec. 20, 2007
Pagarigan v. Aetna U.S. Healthcare of California Inc.
Where party failed to file amended complaint within statutory time-limit following issuance of remittitur, opposing party’s motion to dismiss is properly granted. 		Civil Procedure Dec. 20, 2007
PAE Government Services Inc. v. MPRI Inc.
Inconsistent or even contradictory allegations in successive pleadings are not basis for striking pleading unless there is showing of bad faith. 		Civil Procedure Dec. 19, 2007
Snyder v. Superior Court (Caterpillar Inc.)
General Order 29 is rendered invalid because it requires asbestos plaintiffs produce information protected by attorney work product doctrine. 		Civil Procedure Dec. 19, 2007
Hogar v. Community Development Commission of the City of Escondido
Plaintiff is successful party and entitled to attorney fees where his lawsuit motivated defendant to voluntarily provide relief. 		Civil Procedure Dec. 17, 2007
Sycamore Ridge Apartments v. Naumann
In malicious prosecution case, anti-SLAPP motion is properly denied where claims in underlying complaint lacked probable cause. 		Civil Procedure Dec. 17, 2007
Zhou v. Unisource Worldwide Inc.
At trial for damages allegedly sustained in car accident, plaintiff’s letter to his insurer regarding damages alleged in separate, later accident is admissible. 		Civil Procedure Dec. 17, 2007
Barton v. Khan
Court must grant plaintiff leave to amend pleading after corporation files answer or accept amended complaint against individual defendants until hearing on demurrer. 		Civil Procedure Dec. 13, 2007
Securities and Exchange Commission v. Internet Solutions for Business
To vacate prior entry of default judgment, defendant who was aware of prior proceeding against him bears burden of proving service never occurred. 		Civil Procedure Dec. 11, 2007
Dukes v. Wal-Mart Inc.
Court did not abuse its discretion when it certified class in Wal-Mart sex discrimination case. 		Civil Procedure Dec. 11, 2007
Nielsen v. Beck
Former attorney's advice to client about 'same subject matter' after substitution presents triable issue tolling statute of limitations for malpractice action. 		Civil Procedure Dec. 10, 2007
Morton v. Wagner
Denial of motion for reconsideration is not appealable, but filing of appeal and other unsuccessful motions are insufficient to designate litigant as vexatious. 		Civil Procedure Dec. 9, 2007
City of Long Beach v. Stevedoring Services of America
Award of costs to prevailing party is proper even though action was dismissed based on mootness. 		Civil Procedure Dec. 5, 2007
Trujillo v. First American Registry Inc.
Party opposing summary judgment must show that matters alleged raise triable question of fact that is sufficient to entitle opposing party to judgment. 		Civil Procedure Dec. 4, 2007
Hossain v. Hossain
Code of Civil Procedure Section 473(b) applies when ‘mistake, inadvertence, surprise or neglect’ leads to default, but not ‘procedural equivalent’ of default. 		Civil Procedure Dec. 2, 2007
Sekiya v. Gates
Appeal is dismissed where appellant's brief is so deficient that court is compelled to strike it in its entirety. 		Civil Procedure Nov. 29, 2007
Panoutsopoulos v. Chambliss
Plaintiff has no civil conspiracy claim against opponents' attorneys who go 'beyond representative capacity' but cause no actionable harm. 		Civil Procedure Nov. 29, 2007
Midland Pacific Building Corp. v. King
If plaintiff’s action arises from defendant’s protected activity, but plaintiff demonstrates probability of prevailing on its claim, defendant’s anti-SLAPP motion is properly denied. 		Civil Procedure Nov. 28, 2007
Swayne v. Torrance Care Center West Inc.
Failure of skilled nursing facility’s contract to ‘prominently display’ statutorily mandated advisory regarding arbitration is fatal to enforcement of agreement. 		Civil Procedure Nov. 27, 2007
Engle v. Copenbarger and Copenbarger
Party who secures recovery by accepting statutory offer is entitled to attorney costs and fees unless expressly excluded in offer to compromise. 		Civil Procedure Nov. 27, 2007
Summers v. Delta Air Lines Inc.
Judgment as matter of law may not be based on grounds neither party addressed, nor on testimony given through offer of proof. 		Civil Procedure Nov. 27, 2007
Nascimento v. Dummer
Because appellate court never obtains jurisdiction over non-appealable orders, district court need not wait for mandate to issue before it acts. 		Civil Procedure Nov. 25, 2007
Carl v. Superior Court (Coast Community College District)
‘Notice of unavailability’ purportedly filed pursuant to <EM>Tenderloin Housing Clinic, Inc. v. Sparks </EM> is fictional, non-fileable document. 		Civil Procedure Nov. 25, 2007
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