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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 Jul. 13, 2018
Modification: Shiver v. Laramee
Summary judgment affirmed where sudden emergency doctrine applies to defendant who acted reasonably during sudden, unexpected emergency that defendant did not cause. 		Civil Procedure 2DCA/6 Jul. 12, 2018
Padda v. Superior Court (Riverside)
A trial court abused its discretion in denying a petitioner's request for a continuance, where the main expert witness was suddenly unavailable on the eve of trial and was the only expert the plaintiffs/cross-complainants had ready for trial. 		Civil Procedure 4DCA/2 Jul. 10, 2018
In re Volkswagen "Clean Diesel" Litigation
No abuse of discretion in certifying class where no irreparable conflict of interest prevents class representatives from representing appellants or prohibits ‘comingling of’ parties in one class. 		Civil Procedure 9th Jul. 10, 2018
Jameson v. Desta
Policy of not providing court reporter in civil disputes must include exception for in forma pauperis fee waiver recipients. 		Civil Procedure 4DCA/1 Jul. 6, 2018
In re Volkswagen Litigation
Clean Air Act 'diligent prosecution bar' does not preclude individual citizen's suit where government and citizen are not enforcing same 'standard, limitation, or order;' thus, intervention in government action unavailable. 		Civil Procedure 9th Jul. 5, 2018
Hassell v. Bird
Order directing interactive website to remove challenged third party reviews from its website reversed and remanded under applicable 47 U.S.C. Section 230. 		Civil Procedure CASC Jul. 3, 2018
Lo v. Lee
Under permissive statute allowing for creditors to reach and retrieve allegedly fraudulent transfer from party who 'benefitted' from transfer, party seeking return of tuition payments from student defendant did not state adequate claim. 		Civil Procedure 1DCA/1 Jul. 2, 2018
Moofly Productions v. Favila
A trial court erred when it imposed monetary sanctions upon a party and their attorney without providing them with 'the benefit of a 21-day safe harbor to withdraw the offending motion, as required' by statute. 		Civil Procedure 2DCA/1 Jun. 28, 2018
Peralta v. Vons Companies
A trial court properly granted a motion for summary judgment in a premises liability case where a plaintiff "failed to produce any evidence" to "create a triable issue of material fact" as to whether a store was on constructive notice that the floor was slippery. 		Civil Procedure 2DCA/1 Jun. 28, 2018
Wassmann v. South Orange County Community College District
Summary judgment affirmed where employee’s intentional infliction of emotional distress is barred by two-year statute of limitations period. 		Civil Procedure 4DCA/3 Jun. 27, 2018
Vogel v. Harbor Plaza Center
Award of attorney fees vacated and remanded where court misinterprets local rule in awarding prevailing party in ADA action small percentage of fees requested. 		Civil Procedure 9th Jun. 26, 2018
Samara v. Matar
Claim ruled on by trial court but not dealt with by appellate court that affirms on procedural grounds does not have preclusive effect; 'People v. Skidmore' must be overruled. 		Civil Procedure 2DCA/7 Jun. 26, 2018
Modification: Reid v. City of San Diego
Demurrer granted on statute of limitations grounds affirmed where limitations period, which provides a reasonable time to bring action, is consistent with due process. 		Civil Procedure 4DCA/1 Jun. 21, 2018
Templo v. State of California
Grant of judgment on the pleadings affirmed where defendant is improper defendant in action. 		Civil Procedure 1DCA/3 Jun. 20, 2018
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.
Federal court determining foreign law under Federal Rule of Civil Procedure Rule 44.1 is not bound by foreign government’s submission describing its laws. 		Civil Procedure USSC Jun. 15, 2018
Krolikowski v. San Diego City Employees' Retirement System
Order sustaining demurrer to causes of action for conversion and breach of fiduciary duty affirmed where claims are based on public employees’ exercise of discretion. 		Civil Procedure 4DCA/1 Jun. 15, 2018
Shiver v. Laramee
Summary judgment affirmed where sudden emergency doctrine applies to defendant who acted reasonably during sudden, unexpected emergency that defendant did not cause. 		Civil Procedure 2DCA/6 Jun. 14, 2018
Nationwide Biweekly Administration, Inc. v. Superior Court
Right to a jury trial guaranteed where 'gist' of improper business practices suit brought by government is 'legal, thereby giving rise to a right to jury trial;' though right extends only as to liability not penalties. 		Civil Procedure 1DCA/1 Jun. 14, 2018
China Agritech, Inc. v. Resh
'American Pipe' tolling standard does not protect untimely, successive class actions. 		Civil Procedure USSC Jun. 12, 2018
Bain v. California Teachers Ass'n
Appeal dismissed as moot where change in plaintiffs' professional circumstances during pendency of appeal makes them unable to benefit from relief sought. 		Civil Procedure 9th Jun. 12, 2018
Von Becelaere Ventures, LLC v. Zenovic
Mechanics lien claimant waives right to arbitration where he does not comply with statutory requirements to maintain arbitration option. 		Civil Procedure 4DCA/1 Jun. 8, 2018
Havensight Capital v. Nike
Appeal challenging dismissal of amended complaint dismissed for lack of jurisdiction where appeal is untimely. 		Civil Procedure 9th Jun. 8, 2018
Jensen v. The Home Depot, Inc.
Misjoinder issue may be cured in amended complaint; thus trial court erred in dismissing action for improper joinder without leave to amend. 		Civil Procedure 4DCA/2 Jun. 7, 2018
John Doe v. U.C. Regents
Eleventh Amendment bars Civil Code of Procedure Section 1094.5 petition because petition consitutes state law claim. 		Civil Procedure 9th Jun. 7, 2018
Tierney v. Javaid
Plaintiff waives right to challenge late trial proceedings where plaintiff requests and obtains statement of decision after declaration of mistrial on claim that 'deadlocked' jury failed to determine. 		Civil Procedure 1DCA/3 Jun. 6, 2018
Rockefeller Technology Inv. v. Changzhou Sinotype Technology Co.
Since a party was never validly served with process, a trial court lacked jurisdiction over the matter, ergo, the resulting judgment is void as violating fundamental due process. 		Civil Procedure 2DCA/3 Jun. 6, 2018
Port Medical Wellness v. Conn. Gen. Life Ins. Co.
Civil actions seeking payment for medical care may be brought by plan participants, not by health care providers, as they are barred by the doctrine of conflict preemption 		Civil Procedure 2DCA/3 Jun. 6, 2018
Airs Aromatics v. CBL Data Recovery Technologies
A default judgment that exceeds the amount of damages sought in a complaint is void, not just voidable. 		Civil Procedure 4DCA/1 May 31, 2018
Randall v. Ditech Financial, LLC
Complaint that adequately alleges that entity is debt collector that attempted to collect money from plaintiff debtor states viable claim under FDCPA Section 1692f (1). 		Civil Procedure 4DCA/1 May 30, 2018
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