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Padron v. Watchtower Bible and Tract Society of New York
Court may impose 'hefty' monetary sanction on litigant where litigant repeatedly fails to comply with court's order. 		Civil Procedure 4DCA/1 Nov. 13, 2017
Diaz v. Professional Community Management, Inc.
A party which invites the trial court to commit an error is estopped from challenging that error on appeal. 		Civil Procedure 4DCA/3 Nov. 10, 2017
Hamer v. Neighborhood Housing Services of Chicago
Federal Rule of Appellate Procedure 4(a)(5)(C)'s 30-day limitation on extensions for filing of notice of appeal erroneously treated as jurisdictional, reviving plaintiff's appeal. 		Civil Procedure USSC Nov. 9, 2017
Dow Agrosciences LLC v. Superior Court (Center for Environmental Health)
Motion to transfer venue from Alameda County to Kern County erroneously denied where defendant's alleged failure to warn arose in Kern County. 		Civil Procedure 1DCA/4 Nov. 7, 2017
Fernandes v. Singh
Principal factor in awarding punitive damages, reprehensibility, demonstrated where defendants rented uninhabitable apartment and evicted complaining tenant without notice. 		Civil Procedure 3DCA Nov. 6, 2017
Mendia v. Garcia
Motion for limited remand of interlocutory appeal granted where parties did not move for indicative ruling, but district court indicated in its order that it would grant relief requested. 		Civil Procedure 9th Nov. 6, 2017
Modification: Rubenstein v. Doe No. 1
Child sex abuse victim's action against public entity untimely filed despite 'delayed discovery rule' where rule has no affect on government claims presentment deadline. 		Civil Procedure 4DCA/1 Nov. 3, 2017
Denton v. City and County of San Francisco
Denial of plaintiff's motion for continuance and new trial warrants reversal where ruling 'falls outside...bounds of reason.' 		Civil Procedure 1DCA/2 Oct. 31, 2017
YDM Management Co. Inc. v Sharp Community Medical Group Inc.
Company that acquired medical provider's accounts receivables not entitled to additional reimbursement where it failed to establish services rendered were for emergency. 		Civil Procedure 4DCA/1 Oct. 26, 2017
Kendall v. Scripps Health
Denial of class certification appropriate where administrative cost to identify class is so substantial that it renders potential class benefits de minimis. 		Civil Procedure 4DCA/1 Oct. 25, 2017
Comerica Bank v. Runyon (Facciuto)
Debtor's application for contribution from judgment co-debtors improperly denied as untimely although creditor had not filed acknowledgment, rendering judgment not fully satisfied. 		Civil Procedure 4DCA/3 Oct. 24, 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 4DCA/1 Oct. 24, 2017
Lyons v. Colgate-Palmolive Company
Summary judgment reversed where expert testimony provides triable issue of material fact. 		Civil Procedure 1DCA/3 Oct. 23, 2017
Brinkley v. Monterey Financial Services Inc.
Plaintiff cannot remand otherwise valid Class Action Fairness Act case to state court where only portion of class meets two-thirds citizenship requirement. 		Civil Procedure 9th Oct. 23, 2017
Doe v. San Diego-Imperial Council
Reversal of attorney fees award to defendants required, where attorney fees statute governing childhood sex abuse requires favorable conclusion on the merits rather than procedural victory. 		Civil Procedure 4DCA/1 Oct. 18, 2017
Wiseman Park LLC v. Southern Glazer's Wine and Spirits LLC
Demurrer improperly sustained, where trial court erroneously concludes that California Department of Alcoholic Beverage Control has exclusive jurisdiction over commercial disputes between licensees. 		Civil Procedure 2DCA/2 Oct. 13, 2017
Modification: Higgins v. Superior Court (Cabandong)
Automatic bankruptcy stay that applied to claims against debtor-codefendant does not apply to claims against nondebtor-defendant, making service to nondebtor-defendant untimely and subject to dismissal. 		Civil Procedure 4DCA/1 Oct. 2, 2017
Higgins v. Superior Court (Cabandong)
Automatic bankruptcy stay that applied to claims against debtor-codefendant does not apply to claims against nondebtor-defendant, making service to nondebtor-defendant untimely and subject to dismissal. 		Civil Procedure 4DCA/1 Sep. 29, 2017
Davis Test Only Smog Testing v. Dept. of Consumer Affairs etc.
Administrative ruling not rendered void because party chose to be represented by nonattorney. 		Civil Procedure 3DCA Sep. 29, 2017
URS Corp. v. Atkinson/Walsh Joint Venture
Appeal of order disqualifying counsel automatically stays enforcement of that order, but not of all trial court proceedings. 		Civil Procedure 1DCA/1 Sep. 28, 2017
Oregon State University v. Superior Court
Order overruling demurrer based on Oregon’s claims notice provision vacated where Oregon’s provision does not conflict with California policy. 		Civil Procedure 4DCA/1 Sep. 28, 2017
Howard v. City of Coos Bay
Subsequent claim based on new facts not barred where claim preclusion is inapplicable to claims that arise after operative complaint is filed. 		Civil Procedure 9th Sep. 26, 2017
F.E.V. v. City of Anaheim
Ninth Circuit’s en banc opinion is ‘rare circumstance’ that prevents final judgment from having preclusive effect on subsequent suit between same parties. 		Civil Procedure 4DCA/3 Sep. 21, 2017
Association des Éleveurs de Canards et d’Oies du Québec v. Becerra
California’s sales ban on foie gras produced under inhumane practices not preempted by Poultry Products Inspection Act although it effectively banned all foie gras. 		Civil Procedure 9th Sep. 18, 2017
Lambert v. Nutraceutical Corp.
Federal Rule of Civil Procedure petition to appeal court’s decertification order timely filed where rule is non –jurisdictional and thereby subject to equitable tolling. 		Civil Procedure 9th Sep. 18, 2017
Branch Banking and Trust Co. v. D.M.S.I. LLC
Assignee survives debtors’ challenges to judgments in three separate actions entered against debtors on standing, issue preclusion, and other grounds. 		Civil Procedure 9th Sep. 12, 2017
San Luis Rey Racing Inc. v. California Horse Racing Board
Auxiliary stabling facility’s indirect competitive interest in writ’s outcome involving management of horse race funds insufficient to confer standing. 		Civil Procedure 4DCA/1 Sep. 8, 2017
Rubenstein v. Doe No. 1
Child sex abuse victim's action against public entity untimely filed despite ‘delayed discovery rule’ where rule has no affect on government claims presentment deadline. 		Civil Procedure CASC Aug. 29, 2017
Cal Sierra Development Inc. v. George Reed Inc.
Res judicata precludes action against licensee following arbitration that resulted in unfavorable judgment for plaintiff where licensee was privy to party that prevailed in arbitration. 		Civil Procedure 3DCA Aug. 24, 2017
Retzloff v. Moulton Parkway Residents' Assn.
Pursuant to Code of Civil Procedure, unless statute specifically provides for attorney fees award, trial court may not award fees as part of cost award. 		Civil Procedure 4DCA/3 Aug. 24, 2017
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