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Ryze Claim Solutions LLC v. Superior Court
Forum selection clauses may be given effect, in the court's discretion and in the absence of a showing that enforcement of a given clause would be unfair and unreasonable. 		Civil Procedure 1DCA/3 Apr. 5, 2019
Friends of Spring Street v. Nevada City
Trial court erroneously determined plaintiff was not successful at a practical level, and abused its discretion finding plaintiff did not enforce an important right affecting public interests. 		Civil Procedure 3DCA Apr. 5, 2019
Modification: Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void. 		Civil Procedure 2DCA/2 Apr. 5, 2019
Rel v. Pacific Bell Mobile Services
The death knell doctrine does not apply to a pretrial order that does not qualify as a trial for Code of Civil Procedure Section 583.310 purposes. 		Civil Procedure 1DCA/5 Apr. 2, 2019
Mesa RHF Partners v. City of Los Angeles
Under Code of Civil Procedure Section 664.6 court may retain jurisdiction to enforce settlement if request is made by parties themselves; thus, trial court was without jurisdiction when counsel made such request. 		Civil Procedure 2DCA/1 Apr. 2, 2019
Chen v. Berenjian
Litigation privilege does not extend to levying on property pursuant to a scheme to defeat a creditor's rights, violating the Uniform Voidable Transactions Act, because such conduct is not communicative. 		Civil Procedure 4DCA/3 Apr. 1, 2019
Last Frontier Healthcare Dist. v. Superior Ct.
Giving notice of intent to sue under Code of Civil Procedure Section 364 does not impact jurisdictional deadlines underlying an application for relief from the Government Claims Act. 		Civil Procedure 3DCA Mar. 28, 2019
Long v. Forty Niners Football Co.
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 1DCA/4 Mar. 28, 2019
Zakk v. Diesel
An amended complaint consistent with a previous complaint's allegations of a specific contract, but omitting allegations of an overarching contract between the parties, was not a sham pleading. 		Civil Procedure 2DCA/4 Mar. 27, 2019
Republic of Sudan v. Harrison
When serving civil process on a foreign state under the Foreign Sovereign Immunities Act, 28 U.S.C. Section 1608(a)(3) requires mailing directly to the foreign minister's office in the foreign state. 		Civil Procedure USSC Mar. 27, 2019
CA Dept. of Finance v. City of Merced
A party who fails to plead affirmative defenses in its initial answer waives those defenses; thus, the trial court properly declined consideration of the validity of the merits. 		Civil Procedure 3DCA Mar. 26, 2019
Myers v. Raley's
Where trial court denies class certification in cursory order lacking substantive analysis, that lack of analysis 'is fatal' and requires remand for further review. 		Civil Procedure 3DCA Mar. 14, 2019
Shrewsbury Management, Inc. v. Superior Court
Discovery mechanisms in judgment debtor examination should be 'broadly construed;' subpoena duces tecum may issue to third parties other than those who control debtor's finances or property. 		Civil Procedure 6DCA Mar. 13, 2019
Centex Homes v. R-Help Construction Co., Inc.
When a claim alleges facts giving rise to a duty to defend under an indemnity agreement, the duty begins upon proper tender of defense as a matter of law. 		Civil Procedure 2DCA/6 Mar. 12, 2019
Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void. 		Civil Procedure 2DCA/2 Mar. 11, 2019
Marriage of Wong
When all orders issued in a dispute would technically be postjudgment orders, injunctive orders are appealable and preliminary orders regarding discovery or joinder are not. 		Civil Procedure 4DCA/3 Mar. 11, 2019
Anderson v. State Farm
The thirty-day removal clock under Code of Civil Procedure Section 1446(b)(1) begins to run when the defendant, not a statutorily designated agent, receives the complaint. 		Civil Procedure 9th Mar. 11, 2019
Nutraceutical Corp. v. Lambert
Non-jurisdictional nature of Rule 23(f) does not render it appropriate for equitable tolling; since other rules clearly speak to firm nature of rule's 14-day deadline, court lacks jurisdiction to toll it. 		Civil Procedure USSC Feb. 27, 2019
Fierro v. Landry's Restaurant, Inc.
U.S. Supreme Court's 'China Agritech' rule precluding tolling of class claims pending class certification applicable to California state courts. 		Civil Procedure 4DCA/1 Feb. 20, 2019
Korman v. Princess Cruise Lines, Ltd.
A federal forum selection clause is enforceable so long as no evidence is presented showing the clause to be unreasonable. 		Civil Procedure 2DCA/4 Feb. 15, 2019
Jimenez-Sanchez v. Dark Horse Express, Inc.
Because employer paid employees on a piece-rate basis, separate compensation for rest breaks was required; thus, common factual and legal issues were presented as common questions capable of determination on a class basis. 		Civil Procedure 5DCA Feb. 15, 2019
Jackson v. Kaiser Foundation Hospitals
Mandatory relief provision in Code of Civil Procedure Section 473(b) is intended to reach only those dismissals that are 'procedurally equivalent to a default;' thus, mandatory relief unavailable for voluntary dismissal. 		Civil Procedure 1DCA/3 Feb. 12, 2019
Sunrise Financial, LLC v. Superior Court
After a defendant makes a general appearance they only have 15 days to file their Section 170.6 challenge, because the word 'appearance' in Code of Civil Procedure Section 170.6 means 'general appearance.' 		Civil Procedure 4DCA/1 Feb. 8, 2019
Rostack Investments v. Sabella
Securing judgment with bond collateralized by letter of credit instead of cash-collateralized bond that would net interest but tie up cash was reasonable and necessary based on defendant's own financial situation. 		Civil Procedure 2DCA/8 Feb. 7, 2019
U.S. CFTC v. Crombie
Under 7 U.S.C. Section 13(a)(4) of the Commodity Exchange Act, a defendant makes false statements 'willfully' if the defendant knew they were false or made them with reckless disregard for their veracity. 		Civil Procedure 9th Feb. 4, 2019
Booth v. U.S.
Minority tolling not recognized under Federal Tort Claims Act's statute of limitations; thus, plaintiff's action alleging that United States agency negligently caused father's death when plaintiff was a minor was time-barred. 		Civil Procedure 9th Feb. 1, 2019
Cohen v. TNP 2008 Participating Notes
Agents have no standing to enforce arbitration agreements if they are not a third party beneficiary of the arbitration agreement, or if they have no actual and substantial interest in the agreement. 		Civil Procedure 2DCA/7 Jan. 31, 2019
Jensen v. Jensen
A person acting as guardian ad litem solely to litigate for another in a particular state is not enough to deem them to have purposefully availed themselves of that state. 		Civil Procedure 2DCA/6 Jan. 28, 2019
Siri v. Sutter Home Winery, Inc.
A defendant moving for summary judgment bears the initial burden of presenting evidence establishing that a plaintiff either cannot establish an element of their claim or a complete defense exists. 		Civil Procedure 1DCA/4 Jan. 25, 2019
Linton v. County of Contra Costa
Plaintiff's Code of Civil Procedure Section 998 offer provided her the right to seek attorney fees as 'allowed by law,' but no such fees were 'allowed by law.' 		Civil Procedure 1DCA/1 Jan. 25, 2019
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