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Alaama v. Presbyterian Intercommunity Hospital, Inc.
Under Business and Professions Code Section 809, once a hospital appoints a physician to its medical staff, the hospital may not take away the physician's privileges without a hearing. 		Civil Procedure 2DCA/7 Sep. 20, 2019
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 Sep. 19, 2019
American Diabetes Ass'n v. U.S. Dept. of Army
An organization has standing if it can establish an injury in fact by proving it has sufficiently diverted its resources to combat the conduct in question. 		Civil Procedure 9th Sep. 19, 2019
Mackovksa v. Viewcrest Road Properties LLC
Trial court abused its discretion denying plaintiff's motion for relief from waiver of jury trial because defendants failed to show they would be prejudiced by the relief. 		Civil Procedure 2DCA/7 Sep. 19, 2019
In re Alpha Media Resort Investment Cases
There was no reason to override trial court's reasoned judgment that plaintiffs met their burden to prove impracticability in bringing cause of action to trial within 5 years of commencement. 		Civil Procedure 1DCA/3 Sep. 17, 2019
J.H. Boyd Enterprises, Inc. v. Boyd
While denial of motion to compel arbitration is appealable, that statute does not mention judicial reference; thus, there was no statutory authority for review of order denying judicial reference. 		Civil Procedure 5DCA Sep. 13, 2019
Machado v. Myers
Trial court correctly granted Code of Civil Procedure Section 664.6 motion for entry of judgment, but the judgment actually entered improperly modified the terms of the parties' settlement agreement. 		Civil Procedure 4DCA/1 Sep. 12, 2019
Davis v. Ross
Intentional spoliation of evidence as a litigation privilege no longer exists as a tort. Legislative history is devoid of any intention to preserve tort liability for communications that further spoliation. 		Civil Procedure 3DCA Sep. 5, 2019
McClain v. Kissler
Defendants who lied about knowledge of action, failed to file responsive pleading despite active participation in action, and ignored basic litigation rules and deadlines did not establish excusable mistake. 		Civil Procedure 1DCA/2 Sep. 4, 2019
Arias v. Residence Inn by Marriott
When a defendant's allegations of removal jurisdiction are challenged, defendant's showing on the amount in controversy may rely on reasonable assumptions. 		Civil Procedure 9th Sep. 4, 2019
Daley v. Regents of the University of California
Remand was necessary for resolution of factual issues relevant to determining accrual date for the two-year statute of limitations on plaintiff's medical battery claim in light of application of the discovery rule. 		Civil Procedure 1DCA/5 Sep. 4, 2019
Precision Framing Systems Inc. v. Luzuriaga
Under Civil Code Section 8414(a) if a mechanical lien is filed before the contractor has ceased work, the filing is considered premature and the mechanical lien is void and unenforceable. 		Civil Procedure 4DCA/2 Sep. 3, 2019
Pitzer College v. Indian Harbor Insurance Co.
California's common law notice-prejudice rule is a fundamental public policy for the purpose of choice of law analysis; thus, case remanded to determine whether notice-prejudice rule applies. 		Civil Procedure CASC Aug. 30, 2019
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 Aug. 30, 2019
De la Carriere v. Greene
Defendant obtained affirmative relief on cross-complaint and obtained greater relief in the action despite plaintiff's post-judgment success, so defendant was prevailing party for Civil Code Section 1717 fee award purposes. 		Civil Procedure 2DCA/8 Aug. 30, 2019
Gilmore v. Lockard
A party need not satisfy good cause or extraordinary circumstances standard provided in 28 U.S.C. Section 636(c)(4) in order to withdraw magistrate judge consent before all parties have consented. 		Civil Procedure 9th Aug. 29, 2019
Marriage of Sahafzadeh-Taeb and Taeb
Trial court's thorough recitation of reasons supporting finding of bad faith constituted an implied finding of bad faith sufficient to support sanctions against appellant's counsel for failure to appear at trial. 		Civil Procedure 1DCA/1 Aug. 28, 2019
Bird v. State of Hawaii
Plaintiff's claim was time-barred because she had knowledge of injury giving rise to her claim over two years ago. 		Civil Procedure 9th Aug. 26, 2019
Fidelity National Financial Inc. v. Friedman
28 U.S.C. Section 1963 does not require that a court have personal jurisdiction over a judgment debtor in order to register an existing judgment. 		Civil Procedure 9th Aug. 23, 2019
Hersey v. Vopava
Plaintiff obtained judgment more favorable than defendant's first Section 998 offer, but trial court did not address whether plaintiff was prevailing party with respect to defendant's second Section 998 offer, necessitating remand. 		Civil Procedure 2DCA/8 Aug. 16, 2019
O'Brien v. AMBS Diagnostics, LLC
Judgment debtor's 401(k) holding funds transferred from individual retirement accounts was formed to protect funds from creditors, rather than retirement purposes, so they were only partially exempt from levy. 		Civil Procedure 2DCA/2 Aug. 12, 2019
Red & White Distribution v. Osteroid Enterprises
Under Civil Code Section 1671(b), a liquidated damages clause will be considered unreasonable and unenforceable if it bears no reasonable relationship to the actual damages. 		Civil Procedure 2DCA/4 Aug. 12, 2019
ClipperJet Inc. v. Tyson
Defendant filed untimely notice of removal, co-defendant filed duplicative notice of removal, and defendant failed to take action for eight months after remand, warranting entry of default and default judgment. 		Civil Procedure 4DCA/3 Aug. 9, 2019
Patel v. Facebook
Plaintiffs established Article III Standing because the Illinois Biometric Information Privacy Act protected their concrete privacy interest and alleged violations posed at least material risk of harm to those interests. 		Civil Procedure 9th Aug. 9, 2019
Ehrman v. Cox Communications
Defendant's jurisdictional allegations, which provided a short and plain statement of the parties' citizenships based on information and belief, satisfied its burden of pleading minimal diversity. 		Civil Procedure 9th Aug. 9, 2019
Bakalian v. Central Bank of Turkey
In the absence of invalidated extension statute, plaintiffs' claims were barred by ten-year statute of limitations for claims of genocide, war crimes, and crimes against humanity. 		Civil Procedure 9th Aug. 9, 2019
Scott v. City of San Diego
Amended Government Code Section 12965(b) merely clarified, rather than changed, existing law, and applied in this case to warrant reversal of the trial court's cost award. 		Civil Procedure 4DCA/1 Aug. 5, 2019
Robles v. Employment Development Dept.
Trial court erred in limiting attorney fees under California's private attorney general statute, to only second phase of litigation because first phase also satisfied the criteria under the statute. 		Civil Procedure 1DCA/4 Aug. 2, 2019
Dine Citizens Against Ruining v. Bureau of Indian Affairs
Wholly Navajo Nation-owned corporation shared the Nation's tribal immunity, and dismissal of the action under Federal Rules of Civil Procedure 19 and 12(b)(7) was not improper. 		Civil Procedure 9th Jul. 30, 2019
Noel v. Thrifty Payless, Inc.
Representative plaintiff in class action need not introduce evidence establishing how notice of action will be communicated to individual class members in order to show ascertainable class. 		Civil Procedure CASC Jul. 30, 2019
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