| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22-55294
|
Patel v. City of Los Angeles
Defendants' argument, that they were deprived of notice before Los Angeles City seized their personal and business bank funds to satisfy a judgment, failed because there was minimal risk of erroneous deprivation. |
Civil Procedure |
|
P. Curiam | Jul. 12, 2023 |
|
G062374
|
Longobardo v. Avco Corporation
Although an order denying motion for summary judgment was dispositive of the parties' rights regarding statute of repose, it was not appealable because it did not require payment or performance. |
Civil Procedure |
|
T. Delaney | Jul. 12, 2023 |
|
A164736
|
Modification: Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings. |
Civil Procedure |
|
J. Whitman | Jul. 7, 2023 |
|
B311859
|
Braugh v. Dow
Defendant's motion to vacate default was timely because the judgment was void, as plaintiff had improperly served the summons herself. |
Civil Procedure |
|
M. Stratton | Jul. 6, 2023 |
|
21-17001
|
Herbal Brands, Inc. v. Photoplaza, Inc.
Because defendants' actions met expressly-aimed requirement establishing sufficient minimum contacts, Arizona district court had personal jurisdiction over defendants who used their Amazon storefronts to sell plaintiff's brand of products. |
Civil Procedure |
|
S. Graber | Jul. 6, 2023 |
|
E077153
|
City of San Clemente v. Dept. of Transportation
Trial court erred as a matter of law by deeming environmental parties ineligible for attorneys' fees. |
Civil Procedure |
|
M. Slough | Jul. 3, 2023 |
|
A163903
|
Modification: Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff. |
Civil Procedure |
|
J. Streeter | Jun. 30, 2023 |
|
F083763
|
Schmidt v. Trinut Farm Management
Forum selection clause required the trial court to consider jurisdiction under Illinois law where there was a substantial relationship between Illinois and the parties to the contract. |
Civil Procedure |
|
C. Poochigian | Jun. 29, 2023 |
|
C095490
|
Lauckhart v. El Macero Homeowners Assn.
Trial court correctly sustained demurrer without leave to amend where, despite several amendments, the complaint failed to plead fraud with particularity. |
Civil Procedure |
|
H. Hull | Jun. 27, 2023 |
|
S270798
|
Law Finance Group, LLC v. Key
Code of Civil Procedure Section 1288.2's deadline for seeking vacatur of an arbitral award is a nonjurisdictional statute of limitations. |
Civil Procedure |
|
L. Kruger | Jun. 27, 2023 |
|
22-35099
|
Davis v. Cranfield Aerospace Solutions, Ltd.
Idaho District Court lacked personal jurisdiction over English aerospace company in an action brought by plaintiffs from Louisiana and Indiana stemming from a plane crash that occurred in Indiana. |
Civil Procedure |
|
P. Bumatay | Jun. 26, 2023 |
|
C094482
|
Shah v. Dept. of Human Resources
State employee's claim was timed barred by specific limitations period provided for claims related to laws administered by CalHR that took precedence over more general period provided for government claims. |
Civil Procedure |
|
L. Mauro | Jun. 19, 2023 |
|
21-1052
|
United States ex rel. Polansky v. Executive Health Resources, Inc.
The Government may move to dismiss a qui tam action under the False Claims Act regardless of whether it intervened during the seal period or later during the action. |
Civil Procedure |
|
E. Kagan | Jun. 19, 2023 |
|
21-35936
|
Wildearth Guardians v. U.S. Forest Service
Environmental groups lacked standing where they could not demonstrate possible lethal removal of wolves from Colville Forest was traceable to U.S. Forest Service, which neither regulated nor performed removals. |
Civil Procedure |
|
E. Miller | Jun. 15, 2023 |
|
21-56228
|
U.S. v. PetroSaudi Oil Services
Funds held in account controlled by High Court of England and Wales were not shielded by Foreign Sovereign Immunities Act because privately-owned corporate entity still retained ownership of the funds. |
Civil Procedure |
|
W. Fletcher | Jun. 14, 2023 |
|
22-35474
|
Donovan v. Vance
Federal employees' and contractors' challenge to Executive Orders mandating COVID-19 vaccines was moot since recent Executive Order explicitly revoked the challenged Orders. |
Civil Procedure |
|
R. Clifton | Jun. 14, 2023 |
|
A164736
|
Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings. |
Civil Procedure |
|
J. Whitman | Jun. 12, 2023 |
|
22-15162
|
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 |
|
K. Lee | Jun. 8, 2023 |
|
22-70143
|
In re: Klamath Irrigation District v. USDC-ORM (U.S. Bureau of Reclamation; Oregon Water Resources Dept.)
Writ of mandate was not appropriate where district court correctly concluded that state court could not have prior exclusive jurisdiction over issues because it lacked jurisdiction over those issues. |
Civil Procedure |
|
R. Clifton | Jun. 6, 2023 |
|
A163903
|
Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff. |
Civil Procedure |
|
J. Streeter | Jun. 5, 2023 |
|
22-210
|
Dupree v. Younger
Post-trial motion was not required to preserve correctional officer's purely legal exhaustion defense at summary judgment for appellate review. |
Civil Procedure |
|
A. Barrett | May 26, 2023 |
|
E078673
|
Victor Valley Union High School Dist. v. Superior Court (John Doe)
The safe-harbor provision for the spoliation of electronic evidence does not shield a party from sanctions if the evidence was altered or destroyed when the party was under a duty to preserve the evidence. |
Civil Procedure |
|
A. McKinster | May 26, 2023 |
|
F084849
|
Randy's Trucking v. Superior Court (Buttram)
Trial court's order to transmit data of the plaintiffs' mental examination to her attorney was proper because transfer was subject to a protective order and did not violate examiner's professional standards. |
Civil Procedure |
|
T. DeSantos | May 22, 2023 |
|
G060596
|
Feliz v. County of Orange
Plaintiff's Federal Rules of Civil Procedure 60(b)(6) motion to vacate judgment did not toll the statutes of limitations because it did not affect the finality of her claims' dismissal. |
Civil Procedure |
|
K. O'Leary | May 22, 2023 |
|
H049825
|
Modification: Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed. |
Civil Procedure |
|
H. Williams | May 19, 2023 |
|
E078403
|
The Kennedy Commission v. City of Huntington Beach
Under catalyst theory, nonprofit was appropriately awarded attorney fees when its lawsuit to ensure availability of low-income housing achieved its aim. |
Civil Procedure |
|
D. Miller | May 15, 2023 |
|
21-56037
|
Federal Trade Commission v. Hewitt
District court did not err in denying defendant-appellant's Rule 60(b) motion for relief from a previous equitable monetary judgment. |
Civil Procedure |
|
D. O'Scannlain | May 12, 2023 |
|
C090463
|
Modification: Madrigal v. Hyundai Motor America
Section 998 Offer to Compromise's mandatory cost-shifting provision applies when the parties enter into a settlement agreement because a less favorable "judgment" includes a dismissal with prejudice. |
Civil Procedure |
|
P. Krause | May 10, 2023 |
|
H049825
|
Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed. |
Civil Procedure |
|
H. Williams | May 2, 2023 |
|
A164672
|
McCormick v. California Public Employees' Retirement System
Successful party was entitled to attorneys' fees where the underlying action clarified and required enforcement of a statutory scheme that promoted public service and affected millions of employees. |
Civil Procedure |
|
J. Humes | Apr. 27, 2023 |
