Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D071872
|
AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process |
Civil Procedure |
|
W. Dato | Mar. 14, 2018 |
C080680
|
Ponce v. Wells Fargo Bank
Complaint that asserts nonfrivolous claims cannot be presented for improper purpose under Code of Civil Procedure Section 128.7. |
Civil Procedure |
|
J. Renner | Mar. 14, 2018 |
17-71692
|
U.S. v. United States District Court for the District of Oregon
Petition for writ of mandamus denied where defendants fail to meet ‘Bauman v. U.S. Dist. Ct.’ factors. |
Civil Procedure |
|
S. Thomas | Mar. 8, 2018 |
C083427
|
Selvidge v. Tang
Notice of intent to file a medical malpractice action is adequately provided to a physician under MICRA if mailed to address of physician on file with the medical board |
Civil Procedure |
|
R. Robie | Mar. 7, 2018 |
A145487
|
Brown v. California Unemployment Insurance Appeals Board
Civil Code of Procedure Section 3289(b)’s 10 percent interest rate applies to finding of improperly withheld unemployment benefits where employee has right to unemployment benefits. |
Civil Procedure |
|
T. Reardon | Mar. 5, 2018 |
A152607
|
Medical Board of California v. Superior Court
Accusation, notice of default, and revocation of doctor's license done through certified mail without return receipt required represents sufficient service. |
Civil Procedure |
|
S. Pollak | Mar. 5, 2018 |
G052735
|
Weiss v. People ex rel. Department of Transportation
Statute applicable exclusively to eminent domain actions cannot be imported into body of inverse condemnation law in view of policy against case-dispositive motions in limine. |
Civil Procedure |
|
R. Aronson | Mar. 5, 2018 |
A146617
|
Victaulic Co. v. American Home Assurance Co.
Trial court must exercise great caution when examining a witness so as not to influence jury |
Civil Procedure |
|
J. Richman | Mar. 1, 2018 |
B266654
|
Pittman v. Beck Park Apartments
Denial of motion to vacate vexatious litigant order as void affirmed where trial court retains jurisdiction to issue order even after case is dismissed. |
Civil Procedure |
|
D. Perluss | Mar. 1, 2018 |
B285092
|
Inversiones Papaluchi S.A.S. v. Superior Court
Petition challenging court order denying motion to quash in case governed by Hague Service Convention granted where forum state's requirements for accomplishing proof of service are not met. |
Civil Procedure |
|
S. Kriegler | Mar. 1, 2018 |
B276903
|
Hauser v. Ventura County Board of Supervisors
Judgment denying conditional use permit affirmed where plaintiff fails to show that plaintiff is entitled to permit. |
Civil Procedure |
|
A. Gilbert | Feb. 22, 2018 |
16-35933
|
Bassett v. ABM Parking Services
Judgment dismissing action alleging single cause of action for lack of standing affirmed where plaintiff fails to allege concrete injury in fact. |
Civil Procedure |
|
M. McKeown | Feb. 22, 2018 |
A140653
|
Hong Sang Market v. Peng
Res judicata does not bar breach of contract action that follows unlawful detainer action where plaintiff recovers back-due rent for separate months in each action. |
Civil Procedure |
|
W. McGuiness | Feb. 15, 2018 |
Crowley v. EpiCept Corp.
Court-formulated jury instruction that correctly states the law does not constitute an abuse of discretion. |
Civil Procedure |
|
P. Curiam (9th Cir.) | Feb. 14, 2018 | |
B272344
|
Gonzalez v. Mathis
Summary judgment against independent contractor reversed where hirer fails to conclusively show that contractor could have reasonably adopted safety precaution to remedy known hazard. |
Civil Procedure |
|
L. Zelon | Feb. 8, 2018 |
17-55635
|
Simpson v. Trump University
Clear language in settlement notices requiring opt-out at class certification stage precludes objector from claiming she retained right to opt-out at settlement stage. |
Civil Procedure |
|
J. Nguyen | Feb. 7, 2018 |
B280983
|
Nutrition Distribution, LLC v. Southern SARMS, Inc.
Safe harbor provision from Code of Civil Procedure Section 128.7(c) was incorporated within former Section 128.5(f). |
Civil Procedure |
|
D. Perluss | Feb. 5, 2018 |
B271312
|
Gonzalez v. Lew
Court order awarding postoffer costs to plaintiffs affirmed where jury awards plaintiffs amount greater than proposed, but rejected, joint settlement offer. |
Civil Procedure |
|
L. Lavin | Feb. 5, 2018 |
17-56809
|
Kenny v. Wal-Mart Stores
Right of defendant to remove a matter to a federal forum is not waived by filing a demurrer in state court and its right to remove was not ascertainable from the pleadings. |
Civil Procedure |
|
M. Smith | Feb. 2, 2018 |
S234617
|
Modification: Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. |
Civil Procedure |
|
Feb. 2, 2018 | |
A146573
|
Santa Barbara Channelkeeper v. City of San Buenaventura
Where conservation group alleges water diversion by city is unreasonable, cross-complaint joining other diverters is not improper. |
Civil Procedure |
|
A. Tucher | Feb. 1, 2018 |
B278052
|
Tikosky v. Yehuda
Judgment unsatisfied where defendant fails to pay defendant and does not benefit from third party agreement to pay plaintiff judgment amount for property collaterally related to judgment. |
Civil Procedure |
|
V. Chaney | Feb. 1, 2018 |
16-17165
|
Fields v. Twitter Inc.
Anti-Terrorism Act provision requiring plaintiff to show injury by reason of international terrorist act requires plaintiff to show direct relationship between injuries and acts of defendant. |
Civil Procedure |
|
M. Smith | Feb. 1, 2018 |
B275241
|
Sierra Palms Homeowners Assoc. v. Metro Gold Line
Ruling denying leave to amend reversed where plaintiff shows on appeal that complaint can be amended. |
Civil Procedure |
|
D. Perluss | Jan. 31, 2018 |
S233983
|
Hernandez v. Restoration Hardware, Inc.
Per longstanding precedent, unnamed class member must either timely intervene or move to set aside or vacate trial court judgment in order to secure right to appeal. |
Civil Procedure |
|
M. Chin | Jan. 30, 2018 |
A147297
|
Artus v. Gramercy Towers Condominium Association
Declaratory relief properly denied where assertion by plaintiff for relief not actual controversy. |
Civil Procedure |
|
K. Banke | Jan. 26, 2018 |
15-15572
|
Hamamoto v. Ige
Potential repetition exception to mootness inapplicable to controversy of inherently limited duration where plaintiffs fail to show that expedited review of case is unavailable. |
Civil Procedure |
|
P. Curiam (9th Cir.) | Jan. 26, 2018 |
15-56014
|
In re Hyundai and Kia Fuel Economy Litigation
Where class representatives fail to show it is reasonable to assume that all members were exposed to misleading advertisements of defendants, reversal required. |
Civil Procedure |
|
S. Ikuta | Jan. 24, 2018 |
16-460
|
Artis v. District of Columbia
Tolling provision in 28 U.S.C. Section 1367(d) suspends the relevant statute of limitations period while a state claim is pending in federal court. |
Civil Procedure |
|
R. Ginsburg | Jan. 23, 2018 |
16-55304
|
3123 SMB LLC v. Horn
Dismissal for lack of diversity jurisdiction reversed where recently-formed holding company is deemed to have its principal place of business in state where company holds its board meetings. |
Civil Procedure |
|
J. Nguyen | Jan. 18, 2018 |