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Willis v. City of Seattle
Appellants failed to proffer sufficient evidence and articulate a practice that was common to the claims of the proposed class in their motion for class certification.
Civil Procedure 9th Dec. 2, 2019
Chen v. Los Angeles Truck Centers, LLC
Because Indiana had a real interest in applying its law, and California's interest was only hypothetical, the trial court correctly applied Indiana products liability law.
Civil Procedure 2DCA/8 Nov. 26, 2019
Global Protein Products, Inc. v. Le
Appellants' claim that respondent's trade secret was invalid was insufficient to dissolve permanent injunction.
Civil Procedure 6DCA Nov. 25, 2019
Highland Springs Conference etc. v. City of Banning
Trial court erroneously excluded fees plaintiffs incurred on appeal of alter ego motion denial and fees plaintiffs incurred over two years before filing their fee motions.
Civil Procedure 4DCA/2 Nov. 25, 2019
In Re Pacquiao-Mayweather Boxing Litigation
Merely because a boxing match lacked the anticipated drama worthy of the pre-fight hype because of an athlete's injury does not mean customers were defrauded and suffered a legal injury.
Civil Procedure 9th Nov. 22, 2019
City of Los Angeles v. Metropolitan Water Dist.
Attorney fees are available in reverse California Public Records Act actions. Under the Code of Civil Procedure Section 1021.5 attorney fees are awarded when the public interest is involved.
Civil Procedure 2DCA/8 Nov. 21, 2019
Brown v. Upside Gading, LP
Trial court's order was not appealable under Code of Civil Procedure Section 904.1(a)(6) as defendants argued, since it was simply part of the class certification process.
Civil Procedure 1DCA/3 Nov. 20, 2019
Henson v. Fidelity National Financial
District court abused its discretion in evaluating three factors considered in evaluating the merits of a FRCP 60(b)(6) motion predicated on an intervening change in the law under 'Phelps v. Alameida.'
Civil Procedure 9th Nov. 18, 2019
Silbaugh v. Chao
An amendment to a pleading relates back to the original pleading when the amendment changes the party whom the claim is asserted against and gives the newly named defendant notice.
Civil Procedure 9th Nov. 15, 2019
Sarun v. Dignity Health
Court disapproved of trial court's application of unduly restrictive ascertainability standard and directed trial court to certify a modified limited issue class due to sufficient evidence of manageability issues.
Civil Procedure 2DCA/7 Nov. 14, 2019
Williams v. Impax Laboratories, Inc.
Plaintiff failed to appeal an order dismissing class allegations that was appealable under the death knell doctrine, so plaintiff forfeited her appeal of dismissal of class allegations.
Civil Procedure 1DCA/1 Nov. 12, 2019
Board of Trustees Glazing Health v. Chambers
No evidence indicated a reasonable expectation that Nevada's legislature was likely to enact legislation similar to Senate Bill 223 in the future, so no live controversy remained and the matter was moot.
Civil Procedure 9th Nov. 8, 2019
Handoush v. Lease Finance Group, LLC
Forum selection clauses are unenforceable in California if they will lead to a jury trial waiver in the designated forum state.
Civil Procedure 1DCA/3 Nov. 4, 2019
Stafford v. Attending Staff Assn.
A defendant's decision to pursue a judicial remedy before completing the administrative process does not forfeit his right to pursue administrative remedies.
Civil Procedure 2DCA/2 Nov. 1, 2019
County of El Dorado v. Superior Court
A one year statute of limitations applies to claims brought under the Mitigation Fee Act, Government Code Section 66001, in light of 'County of San Diego v. Milotz.'
Civil Procedure 3DCA Nov. 1, 2019
MGA Entertainment v. Mattel
Under California law, the same suspicions that allowed plaintiff to plead unclean hands defense were sufficient to trigger the statute of limitation for its trade secret claim.
Civil Procedure 2DCA/8 Oct. 30, 2019
Eck v. City of Los Angeles
Because unnamed class member did not challenge her application to intervene and did not appeal from the denial of her motion to vacate judgment, she lacked standing to appeal from judgment.
Civil Procedure 2DCA/7 Oct. 17, 2019
Morris v. Hyundai Motor America
Given trial court's clear expression in final order of its reasons for attorney fees reductions, stray remark trial court made, that it had other prohibited reasons, did not require reversal.
Civil Procedure 2DCA/7 Oct. 15, 2019
Sharon v. Porter
Legal malpractice lawsuit was filed over one year from the commencement of Code of Civil Procedure Section 340.6's statute of limitations and was time-barred.
Civil Procedure 4DCA/3 Oct. 14, 2019
Modification: Cheema v. L.S. Trucking, Inc.
Under Penal Code Section 3287, prejudgment interest is appropriate where damages are certain or capable of being made certain by calculation if the defendant actually knows the damage amount.
Civil Procedure 1DCA/4 Oct. 9, 2019
Estate of Holdaway
Plaintiff's creditor's claim and complaint were both timely filed, and although plaintiff's complaint was uncertain in some respects, plaintiff should have the opportunity to plead around those uncertainties.
Civil Procedure 4DCA/2 Oct. 9, 2019
Flynt v. Shimazu
Assuming California Business & Professions Code Sections 19858 and 19858.5 violated Dormant Commerce Clause, plaintiffs demonstrated continuing violation; thus, statute of limitations period begins anew with each new injury.
Civil Procedure 9th Oct. 8, 2019
Litinsky v. Kaplan
Malicious prosecution claim could not succeed because evidence showed that attorney had probable cause to prosecute prior lawsuit against plaintiff on behalf of her client; thus, anti-SLAPP motion properly granted.
Civil Procedure 2DCA/2 Oct. 7, 2019
Modaraei v. Action Property Management, Inc.
Trial court's denial of plaintiff's motion for class certification, based on findings that individual questions would predominate and plaintiff's trial plan was inadequate, was not erroneous.
Civil Procedure 2DCA/1 Oct. 2, 2019
People v. Hooper
Under the Code of Civil Procedure Section 177.5, the Department of State Hospitals is considered a 'person' and therefore monetary sanctions may be imposed due to not following a Standing Order.
Civil Procedure 1DCA/4 Oct. 2, 2019
San Diego Navy Broadway Complex Coalition v. Cal. Coastal Com.
Plaintiff was not genuinely ignorant of defendants' identities at the time of filing suit, so equitable tolling was improper and dismissal due to the statute of limitations was required.
Civil Procedure 4DCA/1 Oct. 1, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
If the court provides a Mentally Disordered Offender with discovery through a continuance, the MDO may not claim that his due process rights were violated if he is denied the continuance.
Civil Procedure 2DCA/6 Sep. 26, 2019
Cerner Middle East Ltd. v. Belbadi Enterprises
Outcome of instant case could not conceivably be affected by arbitration award arising from dispute concerning contract for development of medical information software; thus, removal to federal court was improper.
Civil Procedure 9th Sep. 24, 2019
Riggs v. Airbus Helicopters
Merely complying with federal regulation is not sufficient for an officer to be regarded as "acting under the government" for purposes of 28 U.S.C. Section 1442(a)(1).
Civil Procedure 9th Sep. 23, 2019
Modification: Conservatorship of K.P.
Lanterman-Petris-Short Act Section 5352 permits treatment facilities to initiate conservatorship proceedings when admitting an uncooperative patient and is not considered an element for jury instruction.
Civil Procedure 2DCA/2 Sep. 20, 2019