Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-56014
|
In Re Hyundai and Kia Fuel Economy Litigation
District court did not abuse its discretion in finding that common issues predominated because class members were exposed to uniform fuel-economy misrepresentations and suffered identical injuries within only small range of damages. |
Civil Procedure |
|
J. Nguyen | Jun. 7, 2019 |
17-16622
|
National Abortion Federation v. Center for Medical Progress
Court lacked jurisdiction to hear consolidated appeals from district court order holding appellants in civil contempt for violating court's preliminary injunction because no final judgment had been entered. |
Civil Procedure |
|
P. Watford | Jun. 6, 2019 |
16-56498
|
NEI Contracting and Engineering v. Hanson Aggregates
Because class representative was found to lack standing, trial court did not abuse its discretion in decertifying class and plaintiff waived standing determination by failing to challenge that determination. |
Civil Procedure |
|
S. Gleason | Jun. 6, 2019 |
17-15790
|
Center for Biological Diversity v. USFS
Plaintiffs established injury in fact, causation, and that a ruling in their favor would require defendant to mitigate particular the harms alleged, thus presenting a justiciable dispute. |
Civil Procedure |
|
M. Berzon | Jun. 3, 2019 |
G054617
|
Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding. |
Civil Procedure |
|
R. Fybel | May 31, 2019 |
17-35964
|
Singh v. American Honda Finance Corp.
Despite the Class Action Fairness Act's home state exception to removal applying, appellant's voluntary amendment adding a federal claim cured that jurisdictional defect and circumstances weighed against dismissal and remand. |
Civil Procedure |
|
R. Gould | May 31, 2019 |
18-35283
|
City of Albany v. CH2M Hill
An agreement limiting venue for litigation to a particular county unambiguously prohibits litigation in federal court when there is no federal courthouse located in the designated county. |
Civil Procedure |
|
P. Watford | May 30, 2019 |
17-1471
|
Home Depot U. S. A., Inc. v. Jackson
Neither 28 U.S.C. Section 1441(a) nor Section 1453(b) allows a third-party counterclaim defendant to remove a class-action counterclaim from state to federal court. |
Civil Procedure |
|
May 29, 2019 | |
A154235
|
Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action. |
Civil Procedure |
|
C. Fujisaki | May 28, 2019 |
G055312
|
Dane-Elec Corp. v. Bodokh
Prevailing party in nonpayment of wages action could not recover attorney fees despite the wage claim's overlap with a breach of contract claim for which fees were also incurred. |
Civil Procedure |
|
R. Fybel | May 28, 2019 |
E069671
|
Shalabi v. City of Fontana
If minor has 42 U.S.C. Section 1983 cause of action, statute of limitations begins to run on minor's 18th birthday; thus, trial court erred in finding that plaintiff's complaint was time barred. |
Civil Procedure |
|
D. Miller | May 23, 2019 |
G055823
|
Colombo v. Kinkle, Rodiger & Spriggs
Res judicata barred vexatious litigant's second request to file the same claims against the same defendants after a determination on the merits was made denying the first request. |
Civil Procedure |
|
E. Moore | May 20, 2019 |
B291814
|
Global Financial Distributors v. Superior Court
Trial court erroneously ruled defendants' forum non conveniens motion was untimely solely because it was filed after defendants made a general appearance. |
Civil Procedure |
|
J. Segal | May 15, 2019 |
B281843
|
Le Mere v. Los Angeles Unified School Dist.
Appellant's failure to comply with the Government Claims Act barred the cause of action alleging violations of Labor Code Section 1102.5. |
Civil Procedure |
|
M. Stratton | May 15, 2019 |
F077206
|
Switzer v. Wood
Jury's specific and unequivocal finding of each factual element necessary to establish a violation of Penal Code Section 496(a) entitled prevailing party to treble damages under Section 496(c). |
Civil Procedure |
|
H. Levy | May 14, 2019 |
A153241
|
Corrinet v. Bardy
Trial court abused discretion by dismissing case for failure to prosecute despite plaintiff's participation in discovery and attestation of readiness to try the case with trial one month away. |
Civil Procedure |
|
A. Tucher | May 10, 2019 |
B284446
|
Cohen v. Kabbalah Centre International
Summary adjudication was improper on one of plaintiff's breach of contract claims because alleged details of the oral contract did not conflict with her previous allegations or statements. |
Civil Procedure |
|
J. Wiley | May 9, 2019 |
17-15966
|
Wojciechowski v. Kohlberg Ventures
Parties in prior bankruptcy proceeding did not intend settlement to extend to subsequent claims; thus, claim preclusion did not bar plaintiff's Worker Adjustment and Retraining Notification Act claim. |
Civil Procedure |
|
R. Gould | May 9, 2019 |
18-71347
|
In Re Boon Global Ltd.
District court erred in summarily concluding that it had jurisdiction over third parties to compel arbitration, but it did not commit clear error; thus, writ of mandamus petition denied. |
Civil Procedure |
|
R. Nelson | May 6, 2019 |
B287190
|
McFadden v. L.A. County Treasurer
Appellant's new argument in her fourth complaint against the City regarding condemnation and demolition of her property was barred by res judicata; thus, appeal was dismissed. |
Civil Procedure |
|
V. Chaney | May 3, 2019 |
17-16509
|
Media Rights Technologies v. Microsoft
Claims arising from common nucleus of operative fact with claims in a prior action against the same defendant were barred by claim preclusion, but post-filing copyright infringement claims were not. |
Civil Procedure |
|
R. Gould | May 3, 2019 |
17-17501
|
B.K. v. Snyder
Where court can assess 'statewide policies and practices' as to Arizona's care of foster children, general class of foster children claiming due process violations suitable for certification. |
Civil Procedure |
|
J. Wallace | Apr. 29, 2019 |
17-35833
|
NTCH-WA, Inc. v. ZTE Corporation
Preclusive effects of a prior federal diversity judgment confirming an arbitration award are determined by reference to the law of the state where the rendering court sat. |
Civil Procedure |
|
R. Gould | Apr. 26, 2019 |
18-35075
|
Western Watersheds Project v. Grimm
Plaintiffs alleging procedural injury need only show they have a procedural right that, if exercised, even if only on a temporary basis, could protect their concrete interests. |
Civil Procedure |
|
J. Tunheim | Apr. 24, 2019 |
A155119
|
Du-All Safety, LLC v. Superior Court
Defendant had right to supplement its expert witness exchange by adding experts to cover subjects on which other party indicated it planned to offer expert testimony; thus, trial court erred. |
Civil Procedure |
|
J. Richman | Apr. 22, 2019 |
D074893
|
Cox v. Griffin
Appellant barred from adding theory of malicious prosecution on appeal because it was not litigated in the trial court, and the facts presented at trial were conflicting rather than undisputed. |
Civil Procedure |
|
G. Nares | Apr. 18, 2019 |
17-50336
|
U.S. v. Lozoya
Assault on commercial flight occurred before entering Central District of California's airspace and 18 U.S.C. Section 3237(a) pertains to offenses involving transportation in interstate commerce or foreign commerce; thus, venue was improper. |
Civil Procedure |
|
M. Smith | Apr. 12, 2019 |
A142818M
|
Modification: Long v. Forty-Niners Football Co., LLC
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court. |
Civil Procedure |
|
T. Brown | Apr. 10, 2019 |
B280116
|
Stokes v. Muschinske
Trial court could have reasonably inferred that juror's failure to disclose two prior lawsuits he was involved in was unintentional; there were no substantive hearings and no indication he was actively involved. |
Civil Procedure |
|
T. Bigelow | Apr. 10, 2019 |
17-56432
|
Demarest v. HSBC Bank USA
Because trustee of traditional trust was sued in its own name, its citizenship was all that mattered for diversity purposes and not citizenship of trust's investors; thus, diversity jurisdiction was proper. |
Civil Procedure |
|
M. Smith | Apr. 9, 2019 |