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Modification: Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action.
Civil Procedure 5DCA Dec. 18, 2020
Attia v. Google
District court properly dismissed plaintiff's Defend Trade Secrets Act claim because defendant's patent applications containing trade secret extinguished its trade secret status.
Civil Procedure 9th Dec. 17, 2020
Alfaro v. Superior Court (People)
Trial court was directed to grant defendant's motion for discovery because names and zip codes on master or qualified jury list are disclosable as public records.
Civil Procedure 1DCA/5 Dec. 11, 2020
347 Group, Inc. v. Philip Hawkins Architect, Inc.
Nonsignatory defendant sued under alter ego theory on action that did not include breach of contract claim was entitled to attorneys fees under Civil Code Section 1717.
Civil Procedure 3DCA Dec. 9, 2020
Hildebrandt v. Staples the Office Superstore, LLC
Statute of limitations should have been tolled during class certification proceeding where same claims were asserted by different putative class member.
Civil Procedure 2DCA/3 Dec. 8, 2020
Gulf Offshore Logistics, LLC v. Superior Court (Norris)
California's wage and hour laws apply to workers performing all or most of their work in California; residence of employees or location of employer are not relevant factors.
Civil Procedure 2DCA/6 Dec. 8, 2020
Kwan Software Engineering, Inc. v. Hennings
Trial court abused its discretion in denying defendants' request for monetary sanctions against plaintiffs for misuse of discovery process.
Civil Procedure 6DCA Dec. 4, 2020
Modification: Prescription Opioid Cases
Rule 3.516 of California Rules of Court only permits one judicial peremptory challenge per side in Judicial Council Coordination Proceedings.
Civil Procedure 2DCA/3 Dec. 3, 2020
In the Matter of Garrett
Because alleged tort did not occur on navigable waters, complaint was not cognizable under district court's admiralty jurisdiction.
Civil Procedure 9th Dec. 3, 2020
Broidy Capital Management v. State of Qatar
District court properly dismissed plaintiff's complaint for lack of subject matter jurisdiction under Foreign Sovereign Immunities Act because tortious activity exception did not apply.
Civil Procedure 9th Dec. 3, 2020
Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action.
Civil Procedure 5DCA Nov. 30, 2020
Foroudi v. The Aerospace Corporation
Exhaustion of EEOC remedies does not satisfy exhaustion requirements for state law claims.
Civil Procedure 2DCA/8 Nov. 30, 2020
Villafana v. County of San Diego
Plaintiff failed to allege disparate impact on protected group of individuals and thus failed to state claim for discrimination.
Civil Procedure 4DCA/1 Nov. 30, 2020
Prescription Opioid Cases
Rule 3.516 of California Rules of Court only permits one judicial peremptory challenge per side in Judicial Council Coordination Proceedings.
Civil Procedure 2DCA/3 Nov. 30, 2020
Noergaard v. Noergaard
Attorney fee award was reversed because lower court's early ruling to preserve its jurisdiction despite insufficient notice of service was improper.
Civil Procedure 4DCA/3 Nov. 27, 2020
Olson v. U.S.
Plaintiff's claims under Family and Medical Leave Act were barred by statute of limitations because plaintiff did not prove that defendant willfully interfered with plaintiff's FMLA rights.
Civil Procedure 9th Nov. 24, 2020
Triyar Hospitality Management v. WSI (II) HWP
Judgment based on alter ego doctrine was affirmed because company owners personally funded underlying litigation, there was unity of interest and ownership, and inequity would otherwise result.
Civil Procedure 2DCA/6 Nov. 23, 2020
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Nov. 23, 2020
Jones v. Goodman
Defendant not entitled to attorney fees based on plaintiff's claims lacking legal merit, without further evidence that plaintiff subjectively acted in bad faith.
Civil Procedure 4DCA/1 Nov. 19, 2020
Castillo v. Bank of America
Plaintiff was properly denied class certification in wage and hour action against defendant, because large portion of proposed class was never underpaid.
Civil Procedure 9th Nov. 19, 2020
People v. Bankers Insurance Company
Trial court implicitly found sufficient excuse for defendant's absence at two prior occasions when defendant failed to appear at pretrial hearings, so it properly forfeited bond when defendant failed to appear for trial.
Civil Procedure 1DCA/4 Nov. 18, 2020
KST Data v. Enterprise Services
Defendant was not required to file new answer to amended complaint reasserting its affirmative defenses when amended complaint contained same material allegations as complaint.
Civil Procedure 9th Nov. 18, 2020
Harris v. KM Industrial, Inc.
Defendant failed to establish the amount-in-controversy by relying on unreasonable assumptions.
Civil Procedure 9th Nov. 17, 2020
Chambers v. Whirlpool Corp.
Under Class Action Fairness Act, court should use percentage-of-value, not lodestar, methodology for the portion of the settlement involving coupons.
Civil Procedure 9th Nov. 11, 2020
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Nov. 5, 2020
McCluskey v. Henry
Trial court did not abuse its discretion in sanctioning plaintiff's counsel under Code of Civil Procedure Section 128.7 because counsel's motion to lift the stay was indisputably without merit.
Civil Procedure 1DCA/3 Nov. 4, 2020
Pinto Lake MHP LLC v. County of Santa Cruz
Trial court properly concluded that residents of mobile home park were necessary parties to owner's lawsuit seeking rent increase but remand was necessary to determine whether lawsuit should proceed in residents' absence.
Civil Procedure 6DCA Nov. 3, 2020
Levine v. Berschneider
Sanctions were proper against attorney who told court that he received no word from opposing counsel at hearing to enforce settlement agreement even though settlement was paid in full.
Civil Procedure 2DCA/6 Nov. 2, 2020
Luxury Asset Lending v. Philadelphia Television Network
Trial court erred in denying defendant's motion to vacate and set aside default judgment as untimely because defendant had limited resources and was facing litigation on three fronts.
Civil Procedure 4DCA/3 Nov. 2, 2020
Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Oct. 30, 2020