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Brewer v. Remington
Granting summary judgment on statute of limitations grounds constituted an error of law because there were factual disputes about the statute-triggering injury.
Civil Procedure 5DCA Mar. 6, 2020
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. 5, 2020
Campbell v. St. John
Facebook settlement class members did not need to receive much for settlement to be fair because the class gave up very little.
Civil Procedure 9th Mar. 4, 2020
Textron v. Travelers Casualty and Surety Co.
Choice of law issues are generally unsuited for collateral estoppel because determinations of governing law are fact-based.
Civil Procedure 2DCA/4 Mar. 2, 2020
Hensel Phelps Construction Co. v. Dept. of Corrections and Rehabilitation
Under Public Contract Code Section 5110, a party cannot recover if a contract was invalidated for reasons that were even partly its own fault.
Civil Procedure 2DCA/5 Mar. 2, 2020
San Jose Neurospine v. Aetna Health of California Inc.
A coding mistake on a billing claim does not automatically excuse or terminate an insurer's duty to pay for emergency services that were actually provided.
Civil Procedure 2DCA/6 Mar. 2, 2020
Modification: Atwell Island Water Dist. v. Atwell Island Water Dist.
An election not held on the proper day is held without authority and is therefore void.
Civil Procedure 5DCA Mar. 2, 2020
Rodriguez v. FDIC
'Bob Richards' rule is not a legitimate exercise of federal common lawmaking and federal judges may only appropriately craft the rule in limited areas.
Civil Procedure USSC Feb. 27, 2020
Intel Corp. Investment Policy Comm. v. Sulyma
A plaintiff does not necessarily have 'actual knowledge' under 29 U.S.C. Section 1113(2) of information contained in disclosures that he receives but does not read or cannot recall reading.
Civil Procedure USSC Feb. 27, 2020
Atwell Island Water Dist. v. Atwell Island Water Dist.
An election not held on the proper day is held without authority and is therefore void.
Civil Procedure 5DCA Feb. 26, 2020
Marriage of Deal
Trial court's orders reaffirming legal determination first made in 2005 that petitioner is a 'vexatious litigant' was not void.
Civil Procedure 1DCA/3 Feb. 26, 2020
Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano
Puerto Rico court issued payment order after proceeding was removed to federal district court, but before federal court remanded back to Puerto Rico court; thus, Puerto Rico court lacked jurisdiction.
Civil Procedure USSC Feb. 25, 2020
Ross v. Williams
Claims in petitioner's amended petition that share core operative facts in common with those in his original petition related back to original petition and should not have been dismissed.
Civil Procedure 9th Feb. 25, 2020
Zehia v. Superior Court (Nadhir)
Court properly exercised personal jurisdiction over nonresident defendant who sent electronic California-focused messages directly to California residents to interfere with California residents' relationship.
Civil Procedure 4DCA/1 Feb. 24, 2020
Wanke, Industrial, Commercial, Residential Inc. v. AV Builder Corp.
Under the creditor's suit statute, judgment debtors do not require present capacity to collect against a third person despite the original debtor's capacity to collect.
Civil Procedure 4DCA/1 Feb. 21, 2020
Gulf Offshore Logistics, LLC v. Superior Court (Norris)
Louisiana law, rather than California law, applied where non-California residents working in California's territorial waters alleged violations of California state wage and hour laws against employers.
Civil Procedure 2DCA/6 Feb. 20, 2020
Dumas v. L.A. County Bd. of Supervisors
A determination by the court that a meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.
Civil Procedure 2DCA/4 Feb. 20, 2020
Torres v. Design Group Facility Solutions, Inc.
A party unsuccessfully moving for summary judgment cannot then circumvent Code of Civil Procedure Section 437c requirements by subsequently moving for reconsideration under Section 1008(a).
Civil Procedure 2DCA/3 Feb. 18, 2020
George v. Shams-Shirazi
California Rules of Court 3.1702(b)'s filing deadline does not apply to postjudgment claims for attorney fees awarded under Family Code Section 271.
Civil Procedure 1DCA/1 Feb. 13, 2020
State Water Resources Control Bd. v. Baldwin & Sons, Inc.
An administrative agency charged with seeing that the laws are enforced may have and exercise powers of original inquiry.
Civil Procedure 4DCA/1 Feb. 12, 2020
Downey v. Public Storage, Inc.
Trial court did not abuse its discretion in denying class certification under Unfair Competition Law where consumers were allegedly deceived by different advertising messages and platforms.
Civil Procedure 2DCA/2 Feb. 10, 2020
Grande v. Eisenhower Medical Center
Preclusion under res judicata is only appropriate if defendants in the original suit are in privity with defendants in the subsequent suit.
Civil Procedure 4DCA/2 Feb. 10, 2020
Vargas v. Howell
A significant reduction in attorney's fees requires a thorough explanation; thus, trial court did not adequately justify the dramatic cut that it imposed.
Civil Procedure 9th Feb. 6, 2020
S.F. Print Media Co. v. The Hearst Corp.
Experts testifying in court may not opine on an issue by using another expert's unrelated methodology without providing further foundation for the conclusion.
Civil Procedure 1DCA/3 Feb. 4, 2020
Pacific Pioneer Ins. Co. v. Superior Court
Insurers may appeal default judgments in small claims court entered against their clients who failed to appear in court under Code of Civil Procedure Section 116.710.
Civil Procedure 4DCA/3 Feb. 3, 2020
K.J. v. Los Angeles Unified School District
In notices of appeal, an omitted attorney must be included when it is reasonably clear that the attorney intended to join in the appeal, and respondent was not prejudiced by omission.
Civil Procedure CASC Jan. 31, 2020
Fenimore v. The Regents of the University of California
Lower court relied on incorrect dates when it denied plaintiff's motion to amend since complaint was filed within the statue-governed two year limitation.
Civil Procedure 2DCA/8 Jan. 29, 2020
Hensel Phelps Construction Co. v. Superior Court
Parties to construction contract may not contractually determine when statute of limitations begins to run under Civil Code Section 941 because statute's date of 'substantial completion' is an objective fact.
Civil Procedure 4DCA/1 Jan. 24, 2020
Heimrich v. U.S. Dept. of the Army
Under 5 U.S.C. Section 7121, an employee may raise a 'matter' involving discrimination either through a statutory procedure or CBA procedure, but not both.
Civil Procedure 9th Jan. 17, 2020
In Re: Williams-Sonoma Inc.
Seeking discovery of name of class member is not relevant within meaning of Federal Rule of Civil Procedure 26(b)(1); thus, district court clearly erred when it ordered the discovery in question.
Civil Procedure 9th Jan. 14, 2020