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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
Wittenberg v. Bornstein
Parties cannot by negligence or design withhold issues or defenses and litigate them in successive actions in order to submit cases in piecemeal fashion.
Civil Procedure 1DCA/3 Jul. 1, 2020
Saint Francis Memorial Hospital v. State Dept. of Public Health
Equitable tolling may apply to time allotted to seek judicial review of an adjudicatory decision by writ of administrative mandate under Government Code Section 11523.
Civil Procedure CASC Jun. 30, 2020
Oliver v. Konica Minolta Business Solutions U.S.A., Inc.
Triable issues existed regarding whether service technicians' commute in their personal vehicles constituted hours worked; thus, summary adjudication should not have been granted in defendant's favor.
Civil Procedure 6DCA Jun. 25, 2020
Airs Aromatics, LLC v. CBL Data Recovery Technologies Inc.
New York law was properly applied to the calculation of prejudgment interest based on choice-of-law provision in parties' agreement.
Civil Procedure 4DCA/1 Jun. 23, 2020
Davis v. Superior Court (Sathre)
Trial court violated California Rules of Court by not ensuring complete record of proceedings and prohibiting indigent plaintiff from appearing telephonically.
Civil Procedure 2DCA/7 Jun. 17, 2020
Pacifica First National, Inc. v. Abekasis
Movants to set aside defaults based on improper service have burden to prove apparently-proper document was invalid.
Civil Procedure 2DCA/8 Jun. 17, 2020
AIDS Healthcare Foundation v. City of Los Angeles
Trial court correctly found plaintiff could not assert cause of action under FHA and FEHA based on its alleged disparate-impact theory of liability.
Civil Procedure 2DCA/3 Jun. 17, 2020
Segal v. ASICS America Corp.
Plaintiffs did not show trial court abused its discretion in granting in part and denying in part their motion to tax costs.
Civil Procedure 2DCA/4 Jun. 17, 2020
State Compensation Insurance Fund v. ReadyLink Healthcare, Inc.
Res judicata is inapplicable to actions where prior administrative and judicial proceedings did not decide the issues raised.
Civil Procedure 4DCA/1 Jun. 16, 2020
Hernandez v. FCA US LLC
Mandatory relief under Code of Civil Procedure Section 473(b) does not encompass dismissals resulting from parties reaching full settlement.
Civil Procedure 2DCA/8 Jun. 15, 2020
Farina v. SAVWCL III, LLC
Defendants did not purposefully avail themselves to California forum's benefits because they did not know their actions were somehow connected to California.
Civil Procedure 2DCA/8 Jun. 12, 2020
DeHoyos v. Superior Court (People)
Trial court impermissibly refused to allow contact with jurors who agreed to speak to defendant's representatives in the past.
Civil Procedure 4DCA/3 Jun. 10, 2020
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 Jun. 10, 2020
Williams v. U.S. Bancorp Investments, Inc.
Collateral estoppel does not bar absent member in putative class that was initially certified, but later decertified, from subsequently pursuing identical class action.
Civil Procedure 1DCA/4 Jun. 10, 2020
Modification: Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue.
Civil Procedure 2DCA/8 Jun. 8, 2020
Doe v. Marten
Plaintiff's medical malpractice claim was not time-barred because defendant's conduct actually and reasonably induced plaintiff to refrain from filing timely action.
Civil Procedure 1DCA/3 Jun. 8, 2020
Brady v. AutoZone Stores
When class representative voluntarily settles his individual claims, he must do more than expressly leave class claims unresolved to avoid mootness.
Civil Procedure 9th Jun. 4, 2020
The California Gun Rights Foundation v. Superior Court (Dept. of Justice)
CPRA Section 6259 does not limit jurisdiction over CPRA dispute to superior court of county where disputed records are located.
Civil Procedure 2DCA/3 Jun. 3, 2020
McGee v. Torrance Unified School District
Completion of public works project moots challenges to validity of contracts under which project was carried out.
Civil Procedure 2DCA/8 Jun. 3, 2020
Kon v. City of Los Angeles
Plaintiff's conviction of disturbing the peace did not bar his suit for excessive force, because there was no inconsistency between the two cases.
Civil Procedure 2DCA/8 Jun. 3, 2020
Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue.
Civil Procedure 2DCA/8 Jun. 1, 2020
Eloquence Corp. v. Home Consignment Center
Claims based on breaching divisible contracts must be brought within the applicable limitations period after that particular performance was due.
Civil Procedure 1DCA/3 Jun. 1, 2020
County of San Mateo v. Chevron Corp.
Defendants could not invoke federal-officer removal statute because they failed to show they were acting 'under color of federal office.'
Civil Procedure 9th May 27, 2020
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 May 27, 2020
Modification: Pott v. Lazarin
Civil Code Section 3344.1 prohibits only commercial speech and does not extend to solicitation of funds for advocacy.
Civil Procedure 6DCA May 22, 2020
Carlsbad Police Officers Assn. v. City of Carlsbad
Trial court abused its discretion in conditioning intervention on interveners striking their request for attorney's fees because they intervened as of right.
Civil Procedure 4DCA/1 May 20, 2020
Six4Three, LLC v. Facebook, Inc.
No statutory provision, or 'sealing rules' authorizes appeal from order striking documents; thus, portion of court's order striking documents was not appealable.
Civil Procedure 1DCA/4 May 20, 2020
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.
Claim preclusion generally does not bar claims predicated on events that postdate the filing of the initial complaint.
Civil Procedure USSC May 15, 2020
Adams v. West Marine Products
District court reasonably inferred from facts in evidence that it was more likely than not that more than one-third of class members were California citizens.
Civil Procedure 9th May 14, 2020