Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-405
|
BNSF Railway Co. v. Tyrrell
Miles of track and employees does not make BNSF Railway 'at home' in Montana, for general jurisdiction purposes; FELA's 'doing business' statute does not provide jurisdiction but rather refers to venue |
Civil Procedure |
|
May 31, 2017 | |
15-16783
|
Corona-Contreras v. Gruel
Absent motion to remand, district court lacks authority to remand case to state court sua sponte based on procedural defect. |
Civil Procedure |
|
May 30, 2017 | |
15-55432
|
Resh v. China Agritech Inc.
Plaintiffs, who were unnamed class members in prior would-be class actions, are not time-barred from bringing subsequent class action. |
Civil Procedure |
|
May 25, 2017 | |
A147954
|
Guarantee Forklift Inc. v. Capacity of Texas Inc.
Vehicle franchisee has standing to bring suit against franchisor for termination of franchise despite lack of dealer's license. |
Civil Procedure |
|
May 25, 2017 | |
A147522
|
Grappo v. McMills
Default judgment should never have been entered in plaintiff's favor, serving as reminder to courts to properly apply gatekeeper function. |
Civil Procedure |
|
May 24, 2017 | |
16-254
|
Water Splash Inc. v. Menon
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters permits service by mail. |
Civil Procedure |
|
May 23, 2017 | |
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
May 19, 2017 | |
17-15499
|
Broadway Grill Inc. v. Visa Inc.
'Benko' does not allow plaintiff to defeat CAFA's minimal diversity requirement by amending complaint to completely alter class definition. |
Civil Procedure |
|
May 19, 2017 | |
14-56382
|
Amphastar Pharmaceuticals Inc. v. Aventis Pharma SA
Qui tam suit brought under False Claims Act accusing competitor of committing fraud against the federal government properly dismissed for lack of jurisdiction. |
Civil Procedure |
|
May 12, 2017 | |
B277725
|
Ford Motor Warranty Cases
Coordination trial judge errs in refusing to add 467 substantively indistinguishable lemon law cases to the coordination proceeding. |
Civil Procedure |
|
May 9, 2017 | |
B271408
|
Yolanda’s Inc. v. Kahl & Goveia Commercial Real Estate
Judgment creditor may ask third party about location of assets during third party judgment creditor examination even though third party no longer possessed properties in dispute. |
Civil Procedure |
|
May 4, 2017 | |
H043648
|
Fox Factory Inc. v. Superior Court (Isherwood)
'Seriously inconvenient forum' standard is inappropriate in forum non conveniens consideration in tort action involving Canadian plaintiff and California defendant. |
Civil Procedure |
|
May 1, 2017 | |
14-17434
|
Prather v. Sprint Communications Inc.
Purported whistleblower cannot share in government's settlement of False Claims Act action against telecommunications companies because he has no right to intervene in action. |
Civil Procedure |
|
May 1, 2017 | |
B270580
|
Marina Pacifica Homeowners v. Southern Cal. Fin. Corp.
Amendments to Civil Code section does not make transfer fee unenforceable, due to savings clause that keeps fees at issue enforceable |
Civil Procedure |
|
Apr. 25, 2017 | |
B271350
|
Urban Wildlands Group v. City of L.A.
Civil procedure statute allowing courts to vacate rulings as a result of attorney error applies strictly to default judgments and dismissals. |
Civil Procedure |
|
Apr. 17, 2017 | |
15-15362
|
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates. |
Civil Procedure |
|
Apr. 17, 2017 | |
17-15257
|
Dunson v. Cordis Corp.
Defendant unsuccessful in invoking CAFA's mass action provision to remove actions to federal court, where plaintiffs' consolidation motion does not propose joint trial of their claims. |
Civil Procedure |
|
Apr. 17, 2017 | |
C070770
|
Scholes v. Lambirth Trucking Co.
Relation-back doctrine cannot save property owner's trespass claim against adjacent neighbor for damages from fire that started on neighbor's property. |
Civil Procedure |
|
Apr. 10, 2017 | |
15-35296
|
Boston v. Kitsap County
Washington's special tolling statute applicable to tort claims filed against government inapplicable to toll Section 1983 claims, rendering former jail inmate's lawsuit time-barred. |
Civil Procedure |
|
Apr. 10, 2017 | |
13-16909
|
West v. United States
Failure to name appellee not fatal to appeal under Federal Rule of Appellate Procedure 3 as long as notice of appeal references district court order pertaining to unnamed appellee. |
Civil Procedure |
|
Apr. 4, 2017 | |
G054353
|
Quiles v. Parent
Judgment debtor need not post bond to stay execution of judgment pending appeal where he already satisfied damages judgment and was appealing cost-only judgment. |
Civil Procedure |
|
Mar. 29, 2017 | |
16-15849
|
Copeland v. Ryan
Federal criminal rule of procedure requiring court to order reimbursement of petitioner's deposition expenses does not apply to habeas petitions challenging state criminal convictions. |
Civil Procedure |
|
Mar. 29, 2017 | |
G052016
|
Lindsey v. Conteh
Discovery referee's imposition of monetary sanctions is directly appealable order, as stipulated reference to referee was general, giving her broad authority to take evidence and rule on motions. |
Civil Procedure |
|
Mar. 27, 2017 | |
C075203
|
Iqbal v. Ziadeh
Summary judgment should not have been granted in defendant's favor, where defendant was not 'affiliate' of former defendants for purposes of settlement release agreement. |
Civil Procedure |
|
Mar. 27, 2017 | |
15-55924
|
Williams v. Yamaha Motor Co.
District court lacks jurisdiction over foreign corporation in consumer class action involving allegedly defective motors imported and marketed in California. |
Civil Procedure |
|
Mar. 27, 2017 | |
B269525
|
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature. |
Civil Procedure |
|
Mar. 22, 2017 | |
14-56366
|
Teleflex Med. v. National Union Fire Ins.
Where Cal. Supreme Court case and lower appellate court ruling may be reconcilable, district court does not err in applying rule from law appellate decision in its decision. |
Civil Procedure |
|
Mar. 22, 2017 | |
F070761
|
Phillips v. Honeywell International Inc.
Letter from corporate manager suggesting employees exposed to asbestos should die acceptable as evidence due to limiting instruction to consider company's knowledge of asbestos hazards. |
Civil Procedure |
|
Mar. 21, 2017 | |
F071223
|
Ramirez v. Tulare County District Attorney’s Office
In action challenging attempted nonjudicial forfeiture, application of incorrect statute of limitations results in reversal of orders sustaining demurrers. |
Civil Procedure |
|
Mar. 17, 2017 | |
B269431
|
Schoshinski v. City of Los Angeles
Summary judgment properly granted in city's favor, where plaintiffs' claims moot in light of payments received via settlement in different case. |
Civil Procedure |
|
Mar. 16, 2017 |