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Hawkins v. The Kroger Company
Plaintiff in Unfair Competition and False Advertising suit possessed standing where she demonstrated causation - namely that she relied upon a mislabeling in purchasing a certain produce - in addition to injury.
Civil Procedure 9th Oct. 5, 2018
The Inland Oversight Committee v. City of San Bernardino
Res judicata barred appellants' claim that proposed changes in development were not 'minor modifications' pursuant to the process adopted in the Second Addendum, thus violating the California Environmental Quality Act.
Civil Procedure 4DCA/2 Oct. 1, 2018
Payton v. CSI Electrical Contractors
In a motion seeking certification of a class, the existence of any common policy is not sufficient to show that common issues predominate.
Civil Procedure 2DCA/2 Oct. 1, 2018
Fidelitad Inc. v. Insitu Inc.
A private entity must be involved in an effort to assist, or to help carry out, the duties of a federal superior in order to invoke 28 U.S.C. Section 1442(a)(1).
Civil Procedure 9th Sep. 26, 2018
InfoSpan Inc. v. Emirates NBD Bank PJSC
Party does not waive personal jurisdiction objection by fully litigating matter after bringing personal jurisdiction dismissal motion to adverse ruling.
Civil Procedure 9th Sep. 10, 2018
King v. Great American Chicken Corp.
The district court's finding that plaintiff proved by a preponderance of the evidence that 'greater than two-thirds' of the putative class members were California citizens was not supported by sufficient evidence.
Civil Procedure 9th Sep. 7, 2018
Hansen v. Group Health Cooperative
District court's exercise of subject matter jurisdiction was reversed where it dismissed claims state law claims that 'pose important public policy issues under state law.'
Civil Procedure 9th Sep. 5, 2018
Mack v. All Counties Trustee Services, Inc.
Appellant bears burden of providing adequate record on appeal demonstrating error; where sparse record below and in appellate briefing fails to do so, court must resolve issue against appellant.
Civil Procedure 2DCA/1 Sep. 4, 2018
Martinez v. Landry's Restaurants, Inc.
It is not 'impracticable' to pursue discovery during the time in which a case is remanded to state court after removal until the time that order is affirmed by the Court of Appeal.
Civil Procedure 2DCA/7 Aug. 30, 2018
G&G Productions v. Rusic
Under California Civil Procedure Code Section 361, Appellant's cause of action was time-barred in California because it would have been time barred in Italy.
Civil Procedure 9th Aug. 30, 2018
GameStop, Inc. v. Superior Court
District attorney is not 'party' to litigation, and acts in capacity as state officer when bringing enforcement action of Secondhand Dealers Law; thus transfer to neutral county under Code of Civil Procedure Section 394 not warranted.
Civil Procedure 4DCA/2 Aug. 24, 2018
Sun v. Advanced China Healthcare
Party arguing against contractual forum-selection clause must lift heavy burden; where enforcement does not make trial 'gravely difficult' or contravene 'strong public policy,' and contract was not product of 'fraud or overreaching,' clause should be enforced.
Civil Procedure 9th Aug. 23, 2018
Kingsbury v. U.S.
Federal Rule of Civil Procedure 58's requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. Section 2255.
Civil Procedure 9th Aug. 22, 2018
Levingston v. Kaiser Foundation Health Plan
Counsel's lack of credibility concerning failure to file an opposition to summary judgment does not make the failure willful and thus court's grant of terminating sanctions was abuse of discretion.
Civil Procedure 4DCA/2 Aug. 21, 2018
Modification: Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law.
Civil Procedure 2DCA/1 Aug. 17, 2018
Rangel v. PLS Check Cashers of California, Inc.
Broad settlement of state-court class action covering all potential claims 'factually-related' to resolved claims bars subsequent federal action on same facts, though federal claims may not have been able to be brought in earlier suit.
Civil Procedure 9th Aug. 17, 2018
Bianka M. v. Superior Court
An action for sole custody may proceed even if one parent cannot be joined as a party, provided that the absent parent has received adequate notice
Civil Procedure CASC Aug. 17, 2018
Hall v. Dept. of Motor Vehicles
'Successful party,' for purposes of Code of Civil Procedure Section 1021.5 attorney fee award provision, must achieve 'primary litigation goal.'
Civil Procedure 4DCA/1 Aug. 16, 2018
Modification: B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault.
Civil Procedure 2DCA/3 Aug. 13, 2018
Knutson v. Foster
Testimony of single witness, even plaintiff, may rightly support noneconomic, emotional distress damages.
Civil Procedure 4DCA/3 Aug. 10, 2018
LAOSD Asbestos Cases
Court abused its discretion by denying all costs requested by the prevailing party in a strict product liability claim, where the plaintiff's inability to pay was considered by the court.
Civil Procedure 2DCA/4 Aug. 10, 2018
Moen v. The Regents of the University of California
Where employer consistently indicated, through printed materials, that employees would maintain health insurance benefits through retirement, court erred by decertifying class to examine individual issues of reliance on the materials.
Civil Procedure 1DCA/5 Aug. 3, 2018
Peredia v. HR Mobile Services, Inc.
Summary judgment reversed where Civil Code Section 2343 allows plaintiffs to assert negligent undertaking tort claim.
Civil Procedure 5DCA Aug. 1, 2018
Estill v. County of Shasta
Judgment granting plaintiff new trial reversed where defendant is not required to provide warning and notice under Section 911.3.
Civil Procedure 3DCA Aug. 1, 2018
Conservatorship of S.A.
Judgment affirmed where medical records are admissible under business record exception to hearsay.
Civil Procedure 2DCA/6 Jul. 23, 2018
U.S. v. USDC-Oregon
'No new circumstances' warrant second mandamus petition after previous petition denied by this court, per 'Bauman,' in climate change suit against government.
Civil Procedure 9th Jul. 23, 2018
Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases
Typicality is established where plaintiffs seeking class treatment allege that they were subjected to same conduct and suffered the same injury as every potential class member.
Civil Procedure 1DCA/4 Jul. 20, 2018
Weinstein v. Blumberg
A trial court erred when it granted discovery sanctions against a party when the moving party didn't file the supporting papers upon which they were basing their motion within statutory deadline.
Civil Procedure 2DCA/1 Jul. 19, 2018
Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law.
Civil Procedure 2DCA/1 Jul. 18, 2018
Morales v. United States
Where USGS' failure to mark 40-foot cable above river was discretionary and borne on by policy choices, 'discretionary function' exception of Federal Tort Claims Act provides agency immunity in negligence action.
Civil Procedure 9th Jul. 16, 2018