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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Dreith v. Nu Image Inc.
Defendants’ failure to comply with numerous court orders constitutes misconduct sufficiently egregious to cause court to enter order of default. 		Civil Procedure Jul. 20, 2011
Tutti Mangia Italian Grill Inc. v. American Textile Maintenance Co.
Arbitration award against party absent at arbitration is proper where clause was self-executing and award was valid under rules incorporated therein. 		Civil Procedure Jul. 19, 2011
Life Technologies Corp. v. Superior Court (Joyce)
Court errs in ordering disclosure of third parties’ confidential information by failing to consider substantial privacy rights and to provide procedural safeguards. 		Civil Procedure Jul. 18, 2011
NewLife Sciences v. Weinstock
Court properly considers issue sanctions in granting aggrieved party’s motion for preliminary injunction where sanctions established plaintiff knowingly breached contract. 		Civil Procedure Jul. 18, 2011
Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public. 		Civil Procedure Jul. 12, 2011
West Coast Seafood Processors Association v. Natural Resources Defense Council Inc.
Appeal of denial of motion to intervene is moot where judgment was rendered on underlying litigation and original parties dismissed appeal. 		Civil Procedure Jul. 7, 2011
Kincaid v. Kincaid
Transcript of recorded conversation, during which defendant stated he could not remember whether he had abused his stepdaughter, is admissible as adoptive admission. 		Civil Procedure Jul. 7, 2011
County of Kern v. Jadwin
Defendant is entitled to attorney fees under False Claim Act after trial court found that county’s claim was frivolous and brought to harass defendant. 		Civil Procedure Jul. 6, 2011
Global Packaging Inc. v. Superior Court (Epicor Software Corp.)
Agreement vaguely referring to agreement to litigate in specific forum does not constitute consent to personal jurisdiction of that forum where otherwise unavailable. 		Civil Procedure Jul. 5, 2011
Van Sickle v. Gilbert
Plaintiff must give notice to defendant of specific damages sought for breach of fiduciary duty or accounting claims for default judgment to be valid. 		Civil Procedure Jun. 29, 2011
Bleavins v. Demarest
Court properly grants anti-SLAPP motion as to fraud claim against law firm based on its representation of third party over statutorily protected speech. 		Civil Procedure Jun. 29, 2011
Wallace v. McCubbin
Court errs in denying defendant’s anti-SLAPP motion to strike claim that was based on unlawful detainer action where acts were protected by statute. 		Civil Procedure Jun. 28, 2011
Hartley v. Superior Court (Monex Deposit Co.)
Court errs in granting motion to compel arbitration where parties’ agreement does not clearly and unmistakably give determination of arbitrability issue to arbitrator. 		Civil Procedure Jun. 28, 2011
Rebmann v. Rohde
Arbitrator does not need to disclose facts about his religion and family background where such facts were entirely irrelevant to case. 		Civil Procedure Jun. 28, 2011
Goodyear Dunlop Tires Operations S.A. v. Brown
State court lacks general personal jurisdiction over foreign subsidiary companies who do not have continuous and systematic business contacts in state. 		Civil Procedure Jun. 27, 2011
J. McIntyre Machinery Ltd. v. Nicastro
State may not exercise jurisdiction over foreign company, which never engaged in activities that revealed intent to benefit from state's laws. 		Civil Procedure Jun. 27, 2011
Latinos Unidos de Napa v. City of Napa
Calculation of 30-day period for purposes of posting notice of determination excludes first day of posting, but includes last day. 		Civil Procedure Jun. 27, 2011
Shalant v. Girardi
Defendants may not seek dismissal of action filed by vexatious litigant who filed litigation through counsel but lost representation while action was pending. 		Civil Procedure Jun. 23, 2011
Momot v. Mastro
Court errs in enjoining arbitration where parties clearly entered into agreement indicating intent to have arbitrators decide threshold question of arbitrability. 		Civil Procedure Jun. 22, 2011
Gunderson v. Wall
Court properly denies motion for interest accrued on reversed punitive damages payment where defendants engaged in misconduct in post-judgment collection proceedings. 		Civil Procedure Jun. 22, 2011
Aronson v. Advanced Cell Technology
Court properly applies entirety of California Civil Code Section 1717 in denying attorney fees to party in action that was voluntarily dismissed. 		Civil Procedure Jun. 21, 2011
Cowan v. Krayzman
Court properly denies motion to vacate default judgment after finding motioning party’s counsel’s declaration of fault lacked credibility. 		Civil Procedure Jun. 20, 2011
Smith v. Bayer Corp.
Federal court exceeds authority under 'relitigation exception' to Anti-Injunction Act by enjoining state court from considering class certification request. 		Civil Procedure Jun. 16, 2011
Countrywide Home Loans Inc. v. Mortgage Guaranty Insurance Corp.
Court with proper jurisdiction is required to consider party’s motion under Federal Arbitration Act before exercising discretion to remand under Declaratory Judgment Act. 		Civil Procedure Jun. 15, 2011
Investors Equity Life Holding Co. v. Schmidt
Court properly stays action on forum non conveniens grounds where defendants were all subject to personal jurisdiction in alternative forum. 		Civil Procedure Jun. 15, 2011
Ilshin Investment Co. Ltd. v. Buena Vista Home Entertainment Inc.
Court errs in awarding attorney fees to prevailing creditor in independent creditor’s suit where statute does not authorize such award. 		Civil Procedure Jun. 14, 2011
Davis v. Superior Court (City of Los Angeles)
Order granting summary judgment is insufficient to dismiss plaintiff’s claims affecting his right to appeal absent express declaration of parties’ ultimate rights. 		Civil Procedure Jun. 13, 2011
People ex rel. Harris v. Native Wholesale Supply Co.
State has personal jurisdiction over defendant that purposefully derived benefit from state through substantial cigarette sales. 		Civil Procedure Jun. 9, 2011
Kono v. Meeker
Inventory items are not items ‘actually used’ in conducting debtor’s business and, therefore, not subject to exemption from judgment collection. 		Civil Procedure Jun. 6, 2011
Ilshin Investment Co. Ltd. v. Buena Vista Home Entertainment Inc.
Court errs in awarding attorney fees to prevailing creditor in independent creditor’s suit where statute does not authorize such award. 		Civil Procedure Jun. 3, 2011
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