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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
Reeder v. Specialized Loan Servicing LLC
Subsequent agreements to modify contracts subject to the statute of frauds are also subject to the statute of frauds.
Civil Procedure 2DCA/8 Jul. 30, 2020
Alston v. Dawe
If party's lack of culpability on disputed issue was decided on the merits, dismissal of subsequent case on collateral estoppel grounds qualifies as favorable termination for purposes of later malicious prosecution claim.
Civil Procedure 4DCA/3 Jul. 29, 2020
Floyd v. American Honda Motor Co.
Plaintiffs did not need to allege supplemental jurisdiction for their state-law claims under CAFA since they had already alleged original jurisdiction over entire action.
Civil Procedure 9th Jul. 29, 2020
Storm v. The Standard Fire Insurance Co.
Policy language that each party will pay expenses it incurs in arbitration and bear expenses of arbitrator equally, did not preclude recovery under Code of Civil Procedure Section 998.
Civil Procedure 2DCA/4 Jul. 28, 2020
In re Grand Jury Investigation, USAO No. 2018R01761
Appellate courts may only entertain interlocutory appeals from orders enforcing grand jury subpoenas when they require production of materials that are claimed to be privileged or otherwise legally protected from disclosure.
Civil Procedure 9th Jul. 28, 2020
Moreno v. California State Teachers' Retirement System
CalSTRS's adjustments to plaintiff's retirement benefits and collection of overpayments were not barred by statute of limitations because CalSTRS did not have inquiry notice.
Civil Procedure 3DCA Jul. 23, 2020
Modification: Estes v. Eaton Corp.
Trial courts must specifically explain grounds and particular reasons for granting new trial, in order to facilitate and effectuate appellate review.
Civil Procedure 1DCA/2 Jul. 22, 2020
Jabbari v. Farmer
Courts may forego choice-of-law analysis in settlement-class predominance inquiry especially where class was unified by claim under federal law.
Civil Procedure 9th Jul. 21, 2020
Altizer v. Highsmith
Renewing judgment using judicial council forms does not constitute unauthorized practice of law.
Civil Procedure 1DCA/2 Jul. 20, 2020
Weiss v. People ex rel. Dept. of Transportation
Special statutory procedures that govern public entity's exercise of power of eminent domain are inapplicable in inverse condemnation actions, which instead proceed by rules governing ordinary civil actions.
Civil Procedure 4DCA/3 Jul. 17, 2020
Sky-Med v. FAA
Because Federal Aviation Administration ultimately pursued penalties through single Complaint seeking more than $50,000, the only tribunal with jurisdiction to adjudicate Complaint was federal district court.
Civil Procedure 9th Jul. 16, 2020
Greene v. Harley-Davidson
Defendant satisfies CAFA's amount-in-controversy requirement if it is reasonably possible that it may be liable for proffered punitive damages amount.
Civil Procedure 9th Jul. 15, 2020
Newsom v. Superior Court (Gallagher)
Successful ex partes require a party to make a substantive showing of personal knowledge of imminent harm requiring immediate action.
Civil Procedure 3DCA Jul. 14, 2020
City & County of San Francisco v. Barr
District court abused its discretion in granting nationwide injunctive relief barring Department of Justice from using three new conditions as funding requirements for Edward Byrne Memorial Justice Assistance Grants.
Civil Procedure 9th Jul. 14, 2020
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 Jul. 10, 2020
McAlpine v. Norman
An expert's bare conclusions, unsupported by reasons or explanations is insufficient to show one acted within the standard of care.
Civil Procedure 3DCA Jul. 9, 2020
Demartini v. Demartini
Defendants' appeal seeking review of order remanding claim back to state court was dismissed because remands pursuant to 28 U.S.C. Section 1447(e) are not discretionary and therefore not reviewable.
Civil Procedure 9th Jul. 7, 2020
Bayramoglu v. Nationstar Mortgage LLC
Although plaintiffs' discovery responses may have been improper and warranted motion to compel further responses, they were not equivalent of factually devoid discovery responses.
Civil Procedure 3DCA Jul. 6, 2020
Barriga v. 99 Cents Only Stores LLC
Trial court misunderstood its duty to carefully scrutinize declarations submitted by defendant in opposition to plaintiff's class certification motion for coercion and abuse.
Civil Procedure 4DCA/2 Jul. 2, 2020
Howard Jarvis Taxpayers Assn. v. Bay Area Toll Authority
Respondent did not enact the toll increase; it implemented the toll increase the Legislature enacted.
Civil Procedure 1DCA/2 Jul. 2, 2020
Adams v. Bank of America
Merely securing a loan on or listing property as an address does not satisfy Civil Code Section 2924.15's 'principal residence' requirement.
Civil Procedure 1DCA/3 Jul. 2, 2020
Alford v. County of Los Angeles
An agency must not add confusing information to required notice that could mislead affected parties about the timing for seeking judicial review.
Civil Procedure 2DCA/8 Jul. 2, 2020
Modification: Fadeeff v. State Farm General Insurance Co.
Under 'genuine dispute' rule, in context of bad faith claims, summary judgment is only appropriate where basis for insurer's denial is indisputably reasonable.
Civil Procedure 1DCA/2 Jul. 2, 2020
Honchariw v. County of Stanislaus
Misinterpretation claims are distinct and accrue at a different time from claims challenging the validity of a condition of approval.
Civil Procedure 5DCA Jul. 1, 2020
Eghtesad v. State Farm General Insurance Company
Denial of leave to amend constitutes an abuse of discretion, unless the complaint on its face is incapable of amendment.
Civil Procedure 1DCA/2 Jul. 1, 2020
Yost v. Forestiere
Trial court's order denying grandfather's request for modification of stay away order was 'not an exercise of informed discretion and is subject to reversal.'
Civil Procedure 5DCA Jul. 1, 2020
John Doe v. The Regents of the University of California
A lawsuit that forces an entity to follow its own rules can confer a significant benefit for attorney fees purposes under Code of Civil Procedure Section 1021.5.
Civil Procedure 2DCA/6 Jul. 1, 2020
Hill RHF Housing Partners, L.P. v. City of Los Angeles
Appellants were required to exhaust their administrative remedies before seeking judicial intervention and failed to do so.
Civil Procedure 2DCA/1 Jul. 1, 2020
Estes v. Eaton Corp.
Trial courts must specifically explain grounds and particular reasons for granting new trial, in order to facilitate and effectuate appellate review.
Civil Procedure 1DCA/2 Jul. 1, 2020