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Sales v. City of Tustin
Trial court incorrectly found that 30-day safe harbor to refile state law claims afforded by 28 U.S.C. Section 1367(d) began to run from date of district court's judgment, rather than after appeal.
Civil Procedure 4DCA/3 Jun. 10, 2021
Modification: San Diegans for Open Government v. Fonseca
Plaintiff lacked standing because it failed to establish that it, or its member who qualified as 'resident,' paid tax that funded local agency one year prior to commencement of action.
Civil Procedure 4DCA/1 Jun. 9, 2021
San Antonio v. Hotels.com, L. P.
Courts of appeals have discretion to apportion all appellate costs covered by Federal Rule of Appellate Procedure Rule 39 and district courts cannot alter that allocation.
Civil Procedure USSC May 28, 2021
Arriagarazo v. BMW of North America, LLC
Offer to compromise under Code of Civil Procedure Section 998 must make clear of any intention to stray from usual path of entry of judgment.
Civil Procedure 3DCA May 28, 2021
Aghaian v. Minassian
Defendant was precluded from seeking appellate review of inconvenient forum issue because appellate court previously ruled on that issue.
Civil Procedure 2DCA/8 May 26, 2021
Reck v. FCA US LLC
In public interest litigation with mandatory fee shifting statute, it is error for trial court to reduce attorney fees on basis of plaintiff's failure to settle when ultimate recovery exceeds Section 998 offer.
Civil Procedure 1DCA/1 May 26, 2021
People v. Aguirre
Public agency may be sanctioned under Code of Civil Procedure Section 177.5 for failing to show good cause for violating a court order.
Civil Procedure 3DCA May 26, 2021
Paterra v. Hansen
Defendant's default judgment was set aside because plaintiff's amended complaint made material changes which required her to serve notice on defendant's predecessor.
Civil Procedure 4DCA/1 May 25, 2021
Nunn v. JPMorgan Chase Bank
Parties' agreement in open court to trial date outside three-year period extended statutory deadline to that trial date.
Civil Procedure 1DCA/4 May 20, 2021
San Diegans for Open Government v. Fonseca
Plaintiff lacked standing because it failed to establish that it, or its member who qualified as 'resident,' paid tax that funded local agency one year prior to commencement of action.
Civil Procedure 4DCA/1 May 20, 2021
Colebrook v. CIT Bank, N.A.
Trial court properly sustained defendant's demurrer based on res judicata because plaintiff's claims invoked same primary right as her three previous lawsuits that she brought against same defendant.
Civil Procedure 2DCA/6 May 19, 2021
People v. Financial Casualty & Surety
Procedural errors in trial court's setting of bail during criminal prosecution do not abrogate surety's financial obligation in collateral bail proceeding.
Civil Procedure 2DCA/4 May 19, 2021
BP P.L.C. v. Mayor and City Council of Baltimore
28 U.S.C. Section 1447(d) permits appellate review of district court's entire remand order when defendant relies on Section 1442 or 1443 as ground for removal.
Civil Procedure USSC May 18, 2021
City of Calexico v. Bergeson
City's cross-appeal challenging terminated police officer's award of back pay dismissed as untimely since it was filed nearly four months after final judgment.
Civil Procedure 4DCA/1 May 17, 2021
Grados v. Shiau
Default judgment rendered void because award of earn-out payment exceeded constitutionally allowable maximum interest rate of 10 percent.
Civil Procedure 1DCA/3 May 5, 2021
Verceles v. Los Angeles Unified School Dist.
Trial court erred in finding plaintiff's causes of action relating to school district's decision to terminate his employment for alleged misconduct arose from protected activity under anti-SLAPP statute.
Civil Procedure 2DCA/7 May 3, 2021
Sperring v. LLR, Inc.
Voluntary dismissal of claims following an order compelling arbitration does not create appellate jurisdiction.
Civil Procedure 9th Apr. 26, 2021
Modification: Gilman v. Dalby
Under Code of Civil Procedure Section 708.410, judgment creditors' lien attached to money ordered returned to judgment debtor in his lawsuit against a different party.
Civil Procedure 3DCA Apr. 12, 2021
Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods
District court abused its discretion by not resolving factual disputes necessary to decide predominance requirement before certifying classes.
Civil Procedure 9th Apr. 7, 2021
Rustico v. Intuitive Surgical
Diversity product liability action was barred by California's two-year statute of limitations.
Civil Procedure 9th Apr. 7, 2021
In re Becker
Employee Retirement Income Security Act does not bar forum selection clauses even though 'ready access to the Federal courts' is among its goals.
Civil Procedure 9th Apr. 2, 2021
Maine Community Health Options v. Albertsons Companies Inc.
Amount in controversy in Federal Arbitration Act Section 7 enforcement action can be measured by either benefit to plaintiff or detriment to defendant that would result from enforcement of subpoena.
Civil Procedure 9th Apr. 1, 2021
Yue v. Yang
Specific jurisdiction was established where defendant intentionally sent California-focused social media messages directly to California resident for alleged purpose of causing reputational injury there.
Civil Procedure 1DCA/5 Mar. 31, 2021
Manhan v. Gallagher
When postdismissal or postjudgment motion involves collateral statutory rights, court may retain jurisdiction to determine and enforce those rights.
Civil Procedure 1DCA/3 Mar. 30, 2021
Ford Motor Co. v. Montana Eighth Judicial Dist.
Because defendant advertises and markets its vehicles in forum states, connection between plaintiff's claims and defendant's activities was sufficient to support specific jurisdiction.
Civil Procedure USSC Mar. 26, 2021
Academy of Country Music v. Continental Casualty Company
District court's transmittal of remand order did not deprive federal courts of jurisdiction and review was not barred by 28 U.S.C. Section 1447(d).
Civil Procedure 9th Mar. 23, 2021
San Francisco CDC LLC v. Webcor Construction L.P.
One-year statute of limitations applies to disgorgement claims brought under Business and Professions Section 7031(b) because disgorgement is a statutory penalty.
Civil Procedure 1DCA/1 Mar. 23, 2021
Foster v. Sexton
Prisoner grievance procedure is 'unavailable' for purposes of California law when prison administrators thwart inmates from taking advantage of grievance process through machination, misrepresentation, or intimidation.
Civil Procedure 5DCA Mar. 18, 2021
Wilson v. The La Jolla Group
Trial court abused its discretion by determining that common questions did not predominate on plaintiffs' wage statement claim.
Civil Procedure 4DCA/1 Mar. 16, 2021
Bichai v. Dignity Health
Although medical staff recommended denying plaintiff's reapplication for hospital privileges, medical staff and hospital are separate legal entities and therefore, hospital had not taken any adverse action against plaintiff.
Civil Procedure 5DCA Mar. 16, 2021