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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
Perez v. Mortgage Electronic Registration Systems Inc.
California law does not permit preemptive actions to challenge foreclosing party's authority to foreclose on borrower's property before any nonjudicial foreclosure has taken place.
Civil Procedure 9th May 12, 2020
Galeotti v. International Union of Operating Engineers
Plaintiff properly alleged that termination was in violation of public policy because threat of losing his job if he failed to pay defendants was extortion.
Civil Procedure 1DCA/5 May 8, 2020
Nelson v. Tucker Ellis, LLP
Plaintiff's legal theories were soundly rejected by this court's decision, which is law of the case, and regardless, litigation privilege served as complete bar to his claims.
Civil Procedure 1DCA/3 May 7, 2020
Hiona v. Superior Court (2154 Taylor LLC)
Under Code of Civil Procedure Section 403.040(e), the superior court was not required to reclassify claims as limited under the circumstances.
Civil Procedure 1DCA/5 May 7, 2020
Lopez v. Escamilla
Judgments may be amended to add alter ego defendants either by a subsequent complaint or motion in the original action.
Civil Procedure 2DCA/6 May 6, 2020
Modification: People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order.
Civil Procedure 2DCA/2 May 4, 2020
Huang v. Wells Fargo Bank, N.A.
Notice of trustee's sale posted on plaintiff's property did not disturb their possession sufficiently to start the running of the statute of limitation to bar quiet title action.
Civil Procedure 1DCA/3 May 1, 2020
Nationwide Biweekly Administration, Inc. v. Superior Court (People)
Causes of actions under the Unfair Competition Law and False Advertising Law seeking injunctive relief and civil penalties have no right to a jury trial because 'the gist of the actions' are equitable.
Civil Procedure CASC May 1, 2020
Mikhaeilpoor v. BMW of North America, LLC
Trial court did not abuse its discretion in applying the lodestar method because its findings were supported by substantial evidence.
Civil Procedure 2DCA/1 Apr. 28, 2020
LN Management v. JPMorgan Chase Bank
Dead person was not proper person to be sued because the dead lack capacities that litigants must have to allow for a true Article III case or controversy.
Civil Procedure 9th Apr. 27, 2020
Cardinal Care Management, LLC v. Afable
Trial court properly denied appellants' waiver of undertaking requirement because there were no witnesses to conduct in-camera showing of appellants' financial position.
Civil Procedure 1DCA/4 Apr. 22, 2020
Modification: Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them.
Civil Procedure 1DCA/3 Apr. 16, 2020
Nuno v. California State University, Bakersfield
Trial court failed to provide clear and understandable instructions to self-represented plaintiff that setting another case management conference did not extend deadline for filing amended complaint.
Civil Procedure 5DCA Apr. 15, 2020
Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them.
Civil Procedure 1DCA/3 Apr. 15, 2020
People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order.
Civil Procedure 2DCA/2 Apr. 10, 2020
Stirling v. Minasian
JAG attorney was entitled to remove case to federal court as a 'person acting under' an officer of the United States.
Civil Procedure 9th Apr. 9, 2020
Galaza v. Wolf
Because plaintiff voluntarily dismissed remaining claims without district court participation, decision was not final for purposes of conferring jurisdiction under 28 U.S.C. Section 1291.
Civil Procedure 9th Apr. 9, 2020
Tarin v. Lind
California law does not recognize abduction or enticement of parent away from child resulting in alienation of affection.
Civil Procedure 2DCA/1 Apr. 7, 2020
Rockefeller Technology v. Changzhou SinoType Technology
Hague Service Convention did not apply because parties' agreement constituted waiver of formal service of process under California law.
Civil Procedure CASC Apr. 3, 2020
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 Apr. 2, 2020
Lewis v. Liberty Mutual Insurance Co.
The provisions of the insurance contract that bind the insured will also bind a third-party judgment creditor.
Civil Procedure 9th Mar. 31, 2020
Modification: Siry Investment v. Farkhondehpour
Imposition of lesser sanctions is 'not an absolute prerequisite' to imposition of terminating sanctions for violation of court order.
Civil Procedure 2DCA/2 Mar. 25, 2020
Walker v. Life Insurance Company of the Southwest
The district court did not err in granting class certification order because the district court's reliance in 'Briseno' did not cause legal error.
Civil Procedure 9th Mar. 24, 2020
Fidelity National Home Warranty Company Cases
Trial court erred in failing to exclude 135 days from dismissal period following assignment of coordination motion judge to rule on petition to coordinate.
Civil Procedure 4DCA/1 Mar. 23, 2020
Coats v. New Haven Unified School Dist.
The new subdivision (q) in Section 340.1 of Code of Civil Procedure operated as revival provision for claim previously barred by presentation requirement.
Civil Procedure 1DCA/2 Mar. 16, 2020
Montoya v. Ford Motor Co.
Second class action against defendant did not toll plaintiff's claim's four-year statute of limitations.
Civil Procedure 4DCA/3 Mar. 16, 2020
Canyon Crest Conservancy v. County of Los Angeles
Appellant was not entitled to attorney fees under Code of Civil Procedure Section 1021.5 because litigation did not serve to vindicate any of the rights that appellant alleged were violated.
Civil Procedure 2DCA/4 Mar. 16, 2020
People ex rel. Becerra v. Shine
Refusing to reduce Attorney General's attorney fees was proper because Attorney General proved seven out of 19 allegations, successfully removed appellant as trustee, and proved appellant was grossly negligent.
Civil Procedure 1DCA/5 Mar. 13, 2020
Moofly Productions, LLC v. Favila
Cause of action for fraudulent transfer was not entitled to jury trial because it was essentially one in equity and relief sought depended upon application of equitable doctrines.
Civil Procedure 2DCA/1 Mar. 6, 2020