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Marshall v. Webster
Plaintiffs' notice of appeal from anti-SLAPP order was untimely; thus, court lacked jurisdiction to consider the appeal.
Civil Procedure 3DCA Aug. 31, 2020
Eisenberg Village v. Suffolk Construction Co., Inc.
One-year statute of limitation under California Code of Civil Procedure Section 340(a) applies to disgorgement claims brought under Business and Professions Code Section 7031(b).
Civil Procedure 2DCA/4 Aug. 28, 2020
Thurston v. Fairfield Collectibles of Georgia, LLC
Under California case law, substantial sales of goods or services to California residents via one's own website constitutes purposeful availment.
Civil Procedure 4DCA/2 Aug. 28, 2020
Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion.
Civil Procedure 2DCA/7 Aug. 27, 2020
Starks v. Vortex Industries
Trial court did not abuse its discretion when it determined that motion to intervene in nearly identical action after entry of judgment was untimely.
Civil Procedure 2DCA/1 Aug. 27, 2020
Global Commodities Trading Group v. Beneficio De Arroz Choloma
Plaintiff made a prima facie showing that defendant reached out beyond Honduras to create continuing relationships and obligations with citizens of California.
Civil Procedure 9th Aug. 27, 2020
Nutrition Distribution v. IronMag Labs
Appeal was untimely as to district court's judgment because motion for attorneys' fees did not extend time to appeal, and district court did not enter order extending time pursuant to Rule 58.
Civil Procedure 9th Aug. 26, 2020
Guenther v. Lockheed Martin
Plaintiff's claim of breach of fiduciary duty in violation of Employee Retirement Income Security Act was time-barred under 29 U.S.C. Section 1113(2).
Civil Procedure 9th Aug. 26, 2020
U.S. v. Obaid
District court correctly denied appellant's motion to dismiss for lack of personal jurisdiction because forfeiture of property was the subject of the action.
Civil Procedure 9th Aug. 25, 2020
Namisnak v. Uber Technologies
When plaintiffs who are disabled have actual knowledge of illegal barriers at public accommodation to which they desire access, they need not engage in 'futile gesture' of attempting to gain access.
Civil Procedure 9th Aug. 25, 2020
Amended Opinion: Canela v. Costco
Private Attorney General Act claim is fundamentally different from class action and thus cannot be the basis for Class Action Fairness Act claim.
Civil Procedure 9th Aug. 24, 2020
Hanna v. Little League Baseball
Trial court did not have authority to rule on defendant's discovery motions imposing sanctions against plaintiff once defendant filed its motion requiring plaintiff to furnish security.
Civil Procedure 4DCA/2 Aug. 21, 2020
Buskirk v. Buskirk
Trial court erred by dismissing family dispute over trust for want of personal jurisdiction because trust had ample connections to California.
Civil Procedure 2DCA/8 Aug. 19, 2020
Felisilda v. FCA US LLC
Because plaintiffs expressly agreed to arbitrate claims arising out of condition of vehicle, they were estopped from refusing to arbitrate their claim against nonsignatory manufacturer.
Civil Procedure 3DCA Aug. 19, 2020
In re Internet Lending Cases
Court appropriately assessed whether defendant was entitled to tribal sovereign immunity based on circumstances at the time of its motion to dismiss hearing, rather than at the time of the filing of complaint.
Civil Procedure 1DCA/3 Aug. 19, 2020
T.A.W. Performance v. Brembo, S.P.A.
Trial court properly granted defendant's motion to quash service of summons for lack of personal jurisdiction.
Civil Procedure 1DCA/3 Aug. 19, 2020
AMA Multimedia v. Wanat
District court correctly found it lacked specific jurisdiction over foreign citizen defendant because plaintiff had not shown that defendant purposefully directed his suit-related conduct at U.S.
Civil Procedure 9th Aug. 18, 2020
Arnold v. Dignity Health
Fair Employment and Housing Act discrimination claims cannot survive summary judgment without evidence disputing creditable showing of innocent motive.
Civil Procedure 3DCA Aug. 17, 2020
Henry v. Adventist Health Castle Medical Center
Employment relationship under Title VII required more than surgeon's high skill level, hospital's provision of assistants and medical equipment, and its mandatory professional standards.
Civil Procedure 9th Aug. 17, 2020
Abdulkadhim v. Wu
Under the sudden emergency doctrine, the only relevant emergency was the one defendant faced, without considering if defendant created a dangerous situation for anyone else.
Civil Procedure 2DCA/1 Aug. 13, 2020
Amended Opinion: City of Oakland v. BP PLC
Fact-bound state law claims, such as for public nuisance, do not require interpretations of federal law for federal question jurisdiction.
Civil Procedure 9th Aug. 13, 2020
C.W. Johnson & Sons, Inc. v. Carpenter
Court may determine that there has been substantial compliance with licensure requirements if it is shown at evidentiary hearing that contractor acted reasonably and in good faith to maintain proper licensure.
Civil Procedure 2DCA/6 Aug. 12, 2020
Archer v. Coinbase, Inc.
Plaintiff's breach of contract claim failed because plaintiff did not establish existence of an agreement with Coinbase to provide Bitcoin Gold to him.
Civil Procedure 1DCA/1 Aug. 12, 2020
Oh v. Teachers Insurance & Annuity Assn. of America
Landowner owed no duty to decedent because it had no knowledge of dangerousness of product, which was stored in drums that did not disclose it was hazardous.
Civil Procedure 2DCA/8 Aug. 10, 2020
U.S. v. U.S. ex rel Thrower
Interests implicated by erroneous denial of government motion to dismiss False Claims Act case in which it has not intervened were insufficiently important to justify immediate appeal.
Civil Procedure 9th Aug. 5, 2020
Hanson v. Shubert
Defendants could not use their motion for reconsideration, filed nearly one year after underlying order, to resurrect their right to appeal district court's order denying them qualified immunity.
Civil Procedure 9th Aug. 5, 2020
Tobler v. Sables LLC
Request for judicial relief under Nevada's Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender's conduct in foreclosure mediation process.
Civil Procedure 9th Aug. 5, 2020
Davidson v. O'Reilly Auto Enterprises
District court did not abuse its discretion by requiring plaintiff to meet deadline for filing her motion for class certification while granting her additional month to develop evidence and submit supplemental brief.
Civil Procedure 9th Aug. 4, 2020
Steciw v. Petra Geosciences, Inc
Trial court's dismissal plaintiff's complaint for untimely service was reversed and remanded because court's order to stay proceedings likely affected service.
Civil Procedure 4DCA/3 Jul. 31, 2020
Judd v. Weinstein
California Civil Code Section 51.9 encompasses relationships where one party is uniquely situated to exercise coercive power over other.
Civil Procedure 9th Jul. 30, 2020