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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
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 May 30, 2018
Modification: Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact. 		Civil Procedure 1DCA/2 May 30, 2018
Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact. 		Civil Procedure 1DCA/2 May 24, 2018
Raines v. Coastal Pacific Food Distributors
Grant of summary adjudication on representative PAGA claim for civil penalties for violation of Labor Code Section 226(a) reversed where such claim does not require injury. 		Civil Procedure 3DCA May 23, 2018
Prince v. Invensure Ins. Brokers
A case was remanded to the trial court for further consideration because the trial court erred with respect to the validity of an offer to compromise under CCP Section 998. 		Civil Procedure 4DCA/3 May 22, 2018
Modification: Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency. 		Civil Procedure 4DCA/3 May 22, 2018
Modification: Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata. 		Civil Procedure 2DCA/2 May 17, 2018
Fierro v. Landry's Restaurant Inc.
Judgment sustaining demurrer as untimely without leave to amend class claims on basis that class action with identical class claims was similarly dismissed reversed where record fails to show action was dismissed on those grounds. 		Civil Procedure 4DCA/1 May 16, 2018
Taswell v. Regents of the University of California
Where UC Regents do not address employee's whistleblower retaliation complaint to employee's satisfaction, employee may file suit for damages, whether or not other judicial avenues have been exhausted. 		Civil Procedure 4DCA/3 May 16, 2018
United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Code of Civil Procedure Section 8814(c) applies where 'good faith dispute exists over a statutory or contractual precondition to that payment.' 		Civil Procedure 2DCA/1 May 15, 2018
Contractors' State License Bd. v. Superior Court
Under California Law, high level government officials aren't subject to deposition, unless the official has direct, personal knowledge or factual information pertaining to material issues in the action. 		Civil Procedure 1DCA/1 May 14, 2018
Blue v. California Office of the Inspector General
To prevail on Public Safety Officers Procedural Bill of Rights claim, officers denied representation in OIG interview over use of force practices in prison must have been under existing or potential investigation. 		Civil Procedure 3DCA May 14, 2018
Huang v. Hanks
Trial court did not err in dismissing spate of preposterous civil harassment claims against, e.g., Monica Lewinsky and the Dalai Lama, though court did not cite statute or legal premise for dismissal. 		Civil Procedure 3DCA May 14, 2018
Hacker v. Homeward Residential, Inc.
Judgment denying leave to amend reversed where plaintiff who proposes new facts on appeal shows standing to bring cause of action. 		Civil Procedure 2DCA/1 May 11, 2018
Adidas America v. Skechers USA
Preliminary injunction in unregistered trade dress suit proper where exclusive production and advertising of adidas' Stan Smith shoe creates 'secondary meaning' and where rival's shoe was 'unmistakably' similar. 		Civil Procedure 9th May 11, 2018
Pebley v. Santa Clara Organics
Injured plaintiff who elects not to use an available health insurance plan will be treated as 'uninsured' and allowed to present bills evidenced economic damages. 		Civil Procedure 2DCA/6 May 10, 2018
Tindell v. Murphy
Sham Pleading Doctrine precludes homeowners from filing repetitive claims, alleging different facts and causes of action. 		Civil Procedure 3DCA May 9, 2018
La Mirada Ave. v. City of Los Angeles
Code of Civil Procedure Section 1021.5 does not require successful party to rest entire dispute once and for all; thus, party may obtain fees even if lawsuit that relates to challenged lawsuit is pending. 		Civil Procedure 2DCA/2 May 7, 2018
Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency. 		Civil Procedure 4DCA/3 May 7, 2018
County Lines Holdings, LLC v. McClanahan
One-year statutory time limit regarding 'causes of action' does not bar later enforcement of a judgment lien after a debtor has died. 		Civil Procedure 2DCA/6 May 4, 2018
Modification: Garcia v. Mercedes-Benz USA
Trial court does not err in denying fees award to malfunctioning car buyer as prevailing party, as confidential settlement made it uncertain if plaintiff achieved litigation goal. 		Civil Procedure 2DCA/2 May 4, 2018
Amended Opinion: In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure. 		Civil Procedure 9th May 2, 2018
Gordon v. County of Orange
Grant of summary judgment vacated where proper standard of review for 42 U.S.C. Section 1983 claim is one of ‘objective’ standard. 		Civil Procedure 9th May 1, 2018
GranCare v. Thrower
Showing fraudulent joinder is 'heavy burden' on defendant and should not be maintained unless plaintiff could not show joined party was liable 'on any theory.' 		Civil Procedure 9th Apr. 27, 2018
Holloway v. Showcase Realty Agents, Inc.
Plaintiff has taxpayer standing to sue under Code of Civil Procedure Section 526a where plaintiff has paid or is liable to pay defendant locality tax assessed on plaintiff by locality. 		Civil Procedure 6DCA Apr. 27, 2018
Bozic v. USDC - CASD
Court has discretion to withhold 'extraordinary remedy' of mandamus relief even where clear legal error exists below, if prejudicial impact on petitioner is not great. 		Civil Procedure 9th Apr. 26, 2018
Welborne v. Ryman-Carroll Foundation
Summary judgment reversed where party opposing summary judgment makes prima facie showing of material fact. 		Civil Procedure 2DCA/2 Apr. 26, 2018
Baker Marquart LLP v. Kantor
Confidential brief analogous to ex parte communication that allows for arbitration award to be reviewed by court. 		Civil Procedure 2DCA/2 Apr. 26, 2018
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