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Hoang v. Bank of America
A statute of limitations period for an analogous cause of action is borrowed and applied to the federal claim, when no statute of limitations is expressly applicable to a federal statute. 		Civil Procedure 9th Dec. 7, 2018
Calvert v. Binali
Plaintiffs' failure to comport with the court's publication requirements by publishing service of summons in a different newspaper than ordered rendered the default judgment against defendant void on its face. 		Civil Procedure 2DCA/8 Dec. 6, 2018
Finance Holding Co., LLC v. The American Inst. of Certified
A post judgment order compelling discovery of an outside third-party can be considered a final order and thus appealable. 		Civil Procedure 4DCA/1 Dec. 3, 2018
City of Oakland v. Oakland Police and Fire Retirement System
Under California's Private Attorney General Statute, fees should sometimes be awarded even where litigant's own expected benefits exceed its actual costs by substantial margin; thus appellant entitled to attorney fees. 		Civil Procedure 1DCA/4 Dec. 3, 2018
Edwards v. Heartland Payment Systems, Inc.
Mandatory intervention should be denied in class action settlements when class members can still protect their interests by opting out of the class action or objecting to the settlement. 		Civil Procedure 2DCA/8 Dec. 3, 2018
Meleski v. Estate of Hotlen
Insurer who denied settlement offer in action against decedent's estate is 'party' within terms of Code of Civil Procedure Section 998. 		Civil Procedure 3DCA Nov. 30, 2018
Sulyma v. Intel Corp. Investment Policy Committee
'Actual knowledge,' rather than constructive knowledge, must be shown to be had before limitations period runs on ERISA claim. 		Civil Procedure 9th Nov. 29, 2018
Weyerhaeuser Co. v. United States Fish and Wildlife Serv.
Although under 16 U.S.C. Section 4(b)(2) the Secretary of Interior has the discretion to exclude an area from being designated critical habitat, it does not mean his judgments are not reviewable. 		Civil Procedure USSC Nov. 28, 2018
Alliance of Concerned Citizens v. City of San Juan Bautista
An appellate review of a court's findings under Public Resources Code Section 21168.9 is forfeited, if an order is appealable, and an appeal is not taken up. 		Civil Procedure 6DCA Nov. 28, 2018
David L. v. Superior Court
Knowledge alone that a sexual partner lives in California and foreseeability of conception is insufficient to satisfy minimum contacts required to exercise specific personal jurisdiction over a non-resident defendant. 		Civil Procedure 4DCA/1 Nov. 27, 2018
Independent Living Center v. Kent
The Supremacy Clause does not transform a California Civil Code Section 1085 writ of mandamus into a federal claim, and thus does not bar the seeking of attorneys' fees pursuant to a state-law provision. 		Civil Procedure 9th Nov. 26, 2018
Warner Bros. Entertainment Inc. v. Superior Court
Where trial court stay allowed for informal discovery and ordered conferral and preparation on certain matters, stay does not pause 'all the proceedings' and five-year prosecution bar is not tolled. 		Civil Procedure 2DCA/8 Nov. 23, 2018
Roe v. Halbig
Under Code of Civil Procedure Section 1987.2(c), defendant can 'prevail' on a motion to quash or modify a subpoena even if subpoena has been withdrawn prior to judicial determination. 		Civil Procedure 6DCA Nov. 23, 2018
Alcazar v. L.A. Unified School Dist.
The intent of the Code of Civil Procedure Section 222.5 is to ensure that civil trial courts possesses the necessary discretionary authority to control the voir dire process and avoid the preconditioning of jurors 		Civil Procedure 2DCA/1 Nov. 19, 2018
Wilde v. City of Dunsmuir et al.
A power to be exercised is legislative in nature if it prescribes a new policy; whereas, it is administrative if it merely pursues a plan already adopted by the legislative body itself. 		Civil Procedure 3DCA Nov. 19, 2018
Huerta v. Kava Holdings, Inc.
Code of Civil Procedure Section 998 does not apply in nonfrivolous Fair Employment Housing Act actions. 		Civil Procedure 2DCA/8 Nov. 16, 2018
Genisman v. Hopkins Carley
For legal malpractice suits: Once a plaintiff has a suspicion of wrongdoing, and therefore an incentive to sue, she must decide whether to file suit or sit on their rights. 		Civil Procedure 6DCA Nov. 16, 2018
Williams v. Filson
To be entitled to equitable tolling, a habeas petitioner must demonstrate that some extraordinary circumstance stood in his way and prevented timely filing (e.g. relying on any unsettled relation-back laws). 		Civil Procedure 9th Nov. 12, 2018
1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior Court
Code of Civil Procedure Section 92(d) does not allow special motions to strike in limited cases based upon the plain meaning of the statute and the intent of the Legislature. 		Civil Procedure 2DCA/3 Nov. 9, 2018
Citizens for Amending Proposition L v. City of Pomona
Respondents had standing to sue under public interest exception to challenge city council ordinance purporting to extend agreement to erect billboards after citizens of Pomona passed ballot initiative prohibiting it. 		Civil Procedure 2DCA/4 Nov. 9, 2018
Guerrero v. Cal. Dept. of Corrections and Rehabilitation
Federal common law controls the preclusive effect of a federal judgment, and applies to both federal question cases and diversity cases. 		Civil Procedure 1DCA/4 Nov. 8, 2018
Quiles v. Parent
Federal law applies when determining a plaintiff's entitlement to costs, and the types of costs that may be recovered under the federal Fair Labor Standards Act of 1938. 		Civil Procedure 4DCA/3 Nov. 6, 2018
Marteney v. Elementis Chemicals Inc.
Under Civil Code of Procedure Section 877, appellant entitled to settlement credit based solely on respondents' settlements and not on their parents' settlements because they were not bound by those settlements. 		Civil Procedure 2DCA/4 Nov. 5, 2018
Raam Construction, Inc. v. Occupational Safety and Health etc.
A trial court correctly deemed a petition as untimely, where the petitioner filed five days after the expiration of the statute of limitations; and petitioner's argument that the statute was ambiguous was rejected. 		Civil Procedure 1DCA/3 Oct. 29, 2018
A.G. v. County of Los Angeles
As the moving party for summary judgment, defendants in wrongful death action brought by non-biological child of decedent have burden or rebutting parentage presumption to challenge standing. 		Civil Procedure 2DCA/7 Oct. 22, 2018
Pagnini v. Union Bank, N.A.
Counsel's mistake in misapprehending the time for filing an amended complaint was 'functional equivalent' of a default; thus, trial court erred in denying appellant's motion under Code of Civil Procedure Section 473(b). 		Civil Procedure 1DCA/5 Oct. 19, 2018
Beach and Bluff Conservancy v. City of Solana Beach
Code of Civil Procedure Section 30801 provides that a person may file a Section 1094.5 petition for a writ of mandate for final decisions or actions made by the Commission. 		Civil Procedure 4DCA/1 Oct. 18, 2018
SEC v. Stein
Four factors must be met for a party to invoke a defendant's criminal conviction as the basis for offensive nonmutual issue preclusion. 		Civil Procedure 9th Oct. 12, 2018
Martinez v. Eatlite One, Inc.
To determine whether plaintiff obtained more favorable judgment than Civil Procedure Section 998 offer, pre-offer costs and fees are added to both the verdict and the 998 offer. 		Civil Procedure 4DCA/3 Oct. 5, 2018
Kerley v. Weber
A debtor may specify how his or her 'performance' should be credited by communicating his or her intention to the creditor at the time of performance. 		Civil Procedure 2DCA/2 Oct. 5, 2018
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