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Rasmussen v. Lazarus
Plea in abatement that wrongful death suit, brought prior to murder conviction, was premature is waived when not brought in initial answer. 		Civil Procedure 2DCA/8 Jan. 10, 2018
Burkhalter Kessler Clement & George, LLP v. Hamilton
Attorney fees may be awarded to more than one prevailing party in breach of contract dispute. 		Civil Procedure 4DCA/3 Jan. 9, 2018
Corral v. Select Portfolio Servicing
Amount of indebtedness does not constitute the 'amount in controversy' for purposes of establishing subject matter jurisdiction in an action seeking to stay foreclosure pending review of a loan modification. 		Civil Procedure 9th Dec. 28, 2017
Boyd v. Freeman
A prior judgment based on the statute of limitations is not 'on the merits' for purposes of barring a claim under the doctrine of res judicata. 		Civil Procedure 2DCA/4 Dec. 22, 2017
Santa Clara Waste Water Co. v. Allied World National Assurance Co.
Writ of attachment proper where insurer shows probable validity of unjust enrichment claim, after insurer covers partial clean-up of explosion at insured's chemical plant. 		Civil Procedure 2DCA/6 Dec. 22, 2017
Creed-21 v. City of Wildomar
After a willful discovery rule violation preceded by a history of abuse, terminating sanctions are justified if less severe sanctions would not produce compliance. 		Civil Procedure 4DCA/2 Dec. 21, 2017
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 2DCA/5 Dec. 19, 2017
California-American Water Co. v. Marina Coast Water District
Prevailing parties entitled to contractual attorney fees and costs even though underlying contracts that were basis for fees were declared void. 		Civil Procedure 1DCA/1 Dec. 18, 2017
Duke v. Superior Court (Klis)
Demurrer erroneously sustained without leave to amend on ousted CEO's conversion claim against members of board of director of company she founded. 		Civil Procedure 5DCA Dec. 15, 2017
Baxter v. California State Teachers' Retirement System
California State Teachers' Retirement Systems' action seeking to recoup overpayment of retirement benefits not wholly time-barred; thus, it may continue to pursue recovery action. 		Civil Procedure 6DCA Dec. 13, 2017
Choi v. Sagemark Consulting
Summary judgment in favor of defendants on basis of action's untimeliness affirmed where limitations period commences upon plaintiffs' suspicion of injury. 		Civil Procedure 6DCA Dec. 13, 2017
Howeth v. Coffelt
Order denying postjudgment motion is not appealable where order follows consent judgment. 		Civil Procedure 4DCA/1 Dec. 12, 2017
Dept. of Forestry and Fire Protection v. Howell
Order 		Civil Procedure 3DCA Dec. 12, 2017
Roberts v. AT&T Mobility LLC
Order compelling arbitration affirmed over plaintiffs’ opposition on constitutional grounds where plaintiffs fail to show that defendant’s action is attributable to state. 		Civil Procedure 9th Dec. 12, 2017
ITV Gurney Holdings Inc. v. Gurney
Reinstatement of former CEOs as managers of company's day-to-day operations erroneous based on faulty interpretation of employment and operating agreements. 		Civil Procedure 2DCA/1 Dec. 7, 2017
Dept. of Forestry and Fire Protection v. Howell
Dismissal of case designated as complex litigation reversed where court procedure requiring plaintiffs to make prima facie showing deprives plaintiffs of due process rights. 		Civil Procedure 3DCA Dec. 7, 2017
Bartholomew v. YouTube, LLC
Demurrer affirmed where plaintiff fails to show that allegedly libelous statements referenced plaintiff. 		Civil Procedure 6DCA Dec. 5, 2017
Lopez v. Routt
Asymmetric application of attorney fees awards in FEHA action of equal force with regard to individual defendants as with employer defendants. 		Civil Procedure 2DCA/3 Dec. 1, 2017
Sayta v. Chu
Confidential settlement agreement granting parties power to request trial court retain jurisdiction to enforce settlement is not enough, without any actual request, to preserve subject matter jurisdiction. 		Civil Procedure 1DCA/5 Nov. 30, 2017
Turman v. Superior Court of Orange County
In denying a motion for class action certification, the trial court's reasons must be sufficient to justify the order, and supported by substantial evidence. 		Civil Procedure 4DCA/3 Nov. 30, 2017
Eichenberger v. ESPN Inc.
'Personally identifiable information' within the meaning of the Video Privacy Protection Act of 1988 must include information which can be used to identify an individual. 		Civil Procedure 9th Nov. 30, 2017
F.P. v. Monier
Trial court's failure to issue statement of decision upon request is not error that is reversible per se; instead, error is subject to harmless error review. 		Civil Procedure CASC Nov. 28, 2017
Daewoo Electronics American v. OPTA
New Jersey state law doctrine meant to preserve judicial resources does not have preclusive effect on suit filed in California federal court. 		Civil Procedure 9th Nov. 28, 2017
Laboratory Specialists International v. Shimadzu Scientific etc.
Dismissal affirmed where party who raises improper forum objection when he or she demurs does not forfeit improper forum issue. 		Civil Procedure 4DCA/3 Nov. 27, 2017
Shahbazian v. City of Rancho Palos Verdes
Trial court properly denies city's attempt to use anti-SLAPP motion to dismiss claim over permitting decision. 		Civil Procedure 2DCA/7 Nov. 27, 2017
Los Globos Corp. v. City of Los Angeles
Demurrer properly sustained without leave to amend where party fails to exhaust administrative remedies. 		Civil Procedure 2DCA/1 Nov. 22, 2017
Hefczyz v. Rady Children's Hosp.
California class action requirements apply to suits requesting only declaratory judgment; California courts should only look to FRCP rule 23 rules in the absence of relevant state precedent. 		Civil Procedure 4DCA/1 Nov. 20, 2017
Williams v. Superior Court (Marshalls of CA LLC)
Order 		Civil Procedure 2DCA/1 Nov. 17, 2017
Curtis Engineering Corp. v. Superior Court (Sutherland)
Demurrer improperly sustained, where relation-back doctrine cannot save plaintiff from noncompliance with statutory deadline for filing required certificate of merit. 		Civil Procedure California Courts of Appeal Nov. 17, 2017
Yelp, Inc. v. The Superior Court of Orange County
A website has standing under 'Glassdoor' to assert the First Amendment rights of an anonymous reviewer. 		Civil Procedure 4DCA/3 Nov. 14, 2017
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