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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process. 		Civil Procedure Feb. 7, 2012
Lewow v. Surfside III Condominium Owners' Assn. Inc.
Good cause allows motion for attorney fees despite failure to timely file based on extension of statutory period following dismissal of bankruptcy proceedings. 		Civil Procedure Feb. 6, 2012
Biller v. Toyota Motor Corp.
Arbitrator's final award is valid because arbitrator did not manifestly disregard law by implicitly addressing and denying defendant's affirmative defenses. 		Civil Procedure Feb. 6, 2012
Eiskamp v. Pajaro Valley Water Management Agency
Res judicata bars relitigation of issues involving validity of augmentation charges imposed under ordinance, which were resolved by prior stipulated agreement. 		Civil Procedure Feb. 3, 2012
Perry v. Brown
In Prop. 8 trial, court improperly orders unsealing of recording when trial judge assured that recording would not be publicly broadcast. 		Civil Procedure Feb. 3, 2012
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions. 		Civil Procedure Feb. 3, 2012
Chaaban v. Wet Seal Inc.
Under Code of Civil Procedure Section 998, defendant may recover amount paid by defendant to plaintiff's expert from non-settling plaintiff. 		Civil Procedure Feb. 1, 2012
Ghaffarpour v. Superior Court (Commerce Plaza Hotel)
Timeliness of plaintiffs' motion to disqualify judge depends on Code of Civil Procedure even when contradictory local rule is in place. 		Civil Procedure Jan. 30, 2012
Rossa v. D.L. Falk Construction Inc.
Defendant may not recover award of costs for interest expenses and fees incurred to borrow funds to secure appeal bond. 		Civil Procedure Jan. 24, 2012
Reyes v. Macy's Inc.
Defendant may not appeal order granting defendant's own motion to compel arbitration of plaintiff’s claims under Private Attorneys General Act of 2004. 		Civil Procedure Jan. 20, 2012
Bridgeford v. Pacific Health Corp.
Unnamed putative members of class that was never certified are not bound by collateral estoppel because interests of absent class members were not represented. 		Civil Procedure Jan. 19, 2012
White v. City of Pasadena
Police officer's federal discrimination and retaliatory termination claims are precluded by previous state rulings on same issues involved in prior termination. 		Civil Procedure Jan. 18, 2012
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions. 		Civil Procedure Jan. 16, 2012
Mazza v. American Honda Motor Co. Inc.
Class certification order is improper where class members purchased vehicles in different states with different consumer protection laws. 		Civil Procedure Jan. 13, 2012
Vegas Diamond Properties LLC v. Federal Deposit Insurance Corp. as Receiver for La Jolla Bank FSB
Sale of properties renders appeal moot where plaintiffs sought to reinstate order prohibiting trustee’s sale, but had not obtained stay of order of dissolution. 		Civil Procedure Jan. 9, 2012
Orthopedic Systems Inc. v. Schlein
Court errs in excluding profits gained by company that misappropriated doctor’s name from jury’s special verdict award. 		Civil Procedure Jan. 3, 2012
Jewel v. National Security Agency
Plaintiff can establish standing to sue federal government for illegal telecommunications surveillance because claims were highly specific and alleged concrete harms. 		Civil Procedure Dec. 30, 2011
Service Employees International Union Local 1021 v. San Joaquin County
Former employee’s retirement during pendency of arbitration does not divest arbitrator of contractually granted power to arbitrate dispute pursuant to agreement. 		Civil Procedure Dec. 29, 2011
Dow Chemical Canada ULC v. Superior Court (Fandino)
Knowledge that foreign manufacturer’s end product may eventually be sold in forum state, without more, is insufficient to confer jurisdiction over manufacturer. 		Civil Procedure Dec. 22, 2011
R.D. v. P.M.
Sufficient evidence supports second restraining order following pattern of harassment resuming after first restraining order’s expiration. 		Civil Procedure Dec. 22, 2011
Tiffin Motorhomes Inc. v. Superior Court (Cummins Inc.)
Defendant-manufacturers being sued under separate warranties are not ‘co-obligators on single contract’ under Code of Civil Procedure Section 877.6. 		Civil Procedure Dec. 21, 2011
Crockett & Myers Ltd. v. Napier, Fitzgerald & Kirby LLP
Court commits plain error in concluding its original quantum meruit award included value of referral without considering custom of paying referral fee. 		Civil Procedure Dec. 19, 2011
Bardasian v. Superior Court (Santa Clara Partner’s Mortgage Corp.)
Borrowers need not post undertaking where court's decision granting injunction was based on merits. 		Civil Procedure Dec. 16, 2011
Sky Sports Inc. v. Superior Court (Hogan)
Right to move to compel arbitration is not waived where party was unable to file motion to compel arbitration prior to class certification. 		Civil Procedure Dec. 16, 2011
Voit v. Superior Court (Montano)
Court clerk’s office violates petitioner’s right to access courts where refusing to file form that complies with court rules. 		Civil Procedure Dec. 15, 2011
Provost v. Regents of the University of California
Attorney may be designated as party representative authorized to sign settlement stipulation on corporate party’s behalf. 		Civil Procedure Dec. 15, 2011
Starpoint Properties LLC v. Namvar
Appeal filed after deadline is untimely and is not extended by motion to set aside judgment if motion itself was untimely filed. 		Civil Procedure Dec. 14, 2011
Pirjada v. Superior Court (Pacific National Security Inc.)
Although potential class members’ contact information is generally discoverable, there is no right to precertification class discovery and court must weigh abuse potential. 		Civil Procedure Dec. 13, 2011
In re Kinney
Attorney, who was declared vexatious litigant, may not use puppet plaintiff to pursue continued litigation. 		Civil Procedure Dec. 12, 2011
Westamerica Bank v. City of Berkeley
Bank fails to state claim of interpleader where bank would not be subject to double claims if it complies with city's demand for distribution of retention funds. 		Civil Procedure Dec. 7, 2011
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