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Name Category Published
Su v. Bowers
Though government's valuation expert was proved wrong at trial, Equal Access to Justice Act attorney's fees were properly denied as government's litigation position was substantially justified. 		Civil Procedure 9th Oct. 26, 2023
L.O. v. Kilrain
Defendant's arguments against two restraining orders were waived when he failed to properly cite to the record in his appellate brief. 		Civil Procedure 2DCA/6 Oct. 19, 2023
Idaho Conservation League v. Bonneville Power Administration
Because causation element for Article III standing is a low bar, environmental groups had standing to pursue case against power company's ratemaking decision. 		Civil Procedure 9th Oct. 17, 2023
Modification: EpicentRx, Inc. v. Superior Court (EpiRx LP)
Trial court properly declined to enforce forum selection clauses because plaintiffs would be deprived of their right to a jury trial if forced to litigated in the Delaware Court of Chancery. 		Civil Procedure 4DCA/1 Oct. 12, 2023
Habelt v. iRhythm Technologies, Inc.
Despite filing initial complaint, individual named in caption of putative class action lacked standing to appeal adverse judgments where new lead plaintiff's amended complaints did not reference his individual claims. 		Civil Procedure 9th Oct. 12, 2023
State Compensation Insurance Fund v. Dept. of Insurance
Administrative mandamus petition was not timely because equitable estoppel and equitable tolling did not apply where the petitioner had successfully pursued settlement and there was no misrepresentation of material facts. 		Civil Procedure 3DCA Oct. 11, 2023
Modification: Gray v. La Salle Bank
Two voluntary dismissals without prejudice in federal court do not categorically bar a state court action. 		Civil Procedure 6DCA Sep. 29, 2023
EpicentRx, Inc. v. Superior Court (EpiRx LP)
Trial court properly declined to enforce forum selection clauses because plaintiffs would be deprived of their right to a jury trial if forced to litigated in the Delaware Court of Chancery. 		Civil Procedure 4DCA/1 Sep. 25, 2023
Wallingford v. Bonta
Appeal of three-year-long restraining order was moot where the order had expired, and the plaintiffs were unable to demonstrate it was an issue capable of repetition yet evading review. 		Civil Procedure 9th Sep. 22, 2023
Cruz v. City of Merced
Trial court erred in applying collateral estoppel against a police officer based on findings in a criminal suppression hearing regarding an allegedly illegal search the officer had performed. 		Civil Procedure 5DCA Sep. 15, 2023
Modification: North Coast Village Condominium Assn. v. Phillips
Because opposing party was inadequately notified, trial court abused discretion in granting civil harassment restraining order when complaint sought workplace violence restraining order. 		Civil Procedure 4DCA/1 Sep. 15, 2023
Impossible Foods Inc. v. Impossible X LLC
Texas LLC was subject to specific personal jurisdiction in California for a trademark suit because it previously operated and built its trademarks and brand there. 		Civil Procedure 9th Sep. 13, 2023
Baird v. Bonta
Plaintiffs' preliminary injunction for an alleged Second Amendment constitutional violation was improperly dismissed because the district court failed to analyze the claim's likelihood of success on the merits. 		Civil Procedure 9th Sep. 8, 2023
Gray v. La Salle Bank
Two voluntary dismissals without prejudice in federal court do not categorically bar a state court action. 		Civil Procedure 6DCA Sep. 1, 2023
North Coast Village Condominium Assn. v. Phillips
Because opposing party was inadequately notified, trial court abused discretion in granting civil harassment restraining order when complaint sought workplace violence restraining order. 		Civil Procedure 4DCA/1 Aug. 25, 2023
In re: Law Offices of Ben C. Martin v. Babbitt & Johnson PA
District court had the authority to order assessments for a common benefit fund based on the Multi-District Litigation statute. 		Civil Procedure 9th Aug. 25, 2023
Inzunza v. Naranjo
An agent's deemed admissions for failing to serve responses do not bind a principal codefendant even when the basis for the action against the principal codefendant is vicarious liability arising from the agent's acts. 		Civil Procedure 2DCA/4 Aug. 23, 2023
People v. Schuller
Trial court's failure to instruct on theory of imperfect defense amounted to constitutional error and was subject to review under the stricter federal *Chapman* standard for harmless error. 		Civil Procedure CASC Aug. 18, 2023
In re Andre Pierre Harris
Trial court could deny application for name change where statutorily required criminal history check revealed applicant had outstanding warrants. 		Civil Procedure 2DCA/8 Aug. 17, 2023
R.W. v. Columbia Basin College
*Ex parte Young* doctrine allowed a nursing student to bring his claim for injunctive relief against school officials because his allegedly wrongful academic sanctions constituted an ongoing constitutional violation. 		Civil Procedure 9th Aug. 15, 2023
Metabyte v. Technicolor S.A.
Equitable tolling doctrine may apply where technology company first attempted several legal remedies in France thereby missing the statute of limitations for similar causes of action in California. 		Civil Procedure 2DCA/8 Aug. 11, 2023
Ernest Bock, LLC v. Steelman
District court's order staying case was improper because there was substantial doubt as to whether parallel state proceedings would resolve the federal action. 		Civil Procedure 9th Aug. 4, 2023
Amended Opinion: Lowery v. Rhapsody International, Inc.
In copyright case, district court erred in awarding over $1.7 million in attorneys' fees when the class members' actual recovery amount was only a little over $50,000. 		Civil Procedure 9th Aug. 3, 2023
Pollock v. Superior Court (Schuster)
Plaintiff's counsel reasonably cured the written discovery defect by providing a table that listed which documents applied with each request for production, which gave substantial justification to oppose motion to compel further response. 		Civil Procedure 2DCA/1 Aug. 1, 2023
Dollase v. Wanu Water Inc.
Despite not including a responsive pleading, motion to vacate default judgment was in the proper form where the defendant demonstrated it attempted to file motion to quash service. 		Civil Procedure 2DCA/8 Jul. 31, 2023
Kirkland v. USBC, Los Angeles
Mandamus relief warranted where the rule governing subpoena power had not changed and did not except remote appearances from geographical limitations on power to compel witnesses to testify at trial. 		Civil Procedure 9th Jul. 28, 2023
Jones v. L.A. Central Plaza, LLC
District court improperly applied *Ashcroft v. Iqbal* to determine standing issue rather than ruling on that issue based on motions for summary judgment. 		Civil Procedure 9th Jul. 27, 2023
Hymas v. U.S. Dept. of Interior
District court's imposition of partial filing fee on pro se plaintiff proceeding in forma pauperis totaling 10 percent of his cash was not an abuse of discretion. 		Civil Procedure 9th Jul. 13, 2023
Moe v. GEICO Indemnity Co.
Evidentiary inquiry was needed to determine whether the Class Action Fairness Act's amount-in-controversy requirement was satisfied such that the district court had subject matter jurisdiction over putative class action. 		Civil Procedure 9th Jul. 13, 2023
Love v. Villacana
If a federal action is dismissed for lack of Article III standing and a plaintiff opts to refile in state court (rather than appeal the dismissal), a defendant waives any jurisdictional issue preclusion argument upon voluntary removal of the lawsuit back to federal court. 		Civil Procedure 9th Jul. 12, 2023
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