| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S158965
|
Reid v. Google Inc.
Trial court’s failure to rule on party’s evidentiary objections relating to summary judgment motion does not waive objections on appeal. |
Civil Procedure |
|
Aug. 6, 2010 | |
|
C061165
|
Trackman v. Kenney
Proof of service is not facially void where name of person given summons was stated as ‘John Doe, co-resident,’ not name of party. |
Civil Procedure |
|
Aug. 6, 2010 | |
|
09-55353
|
United States v. Mesle
Defendant’s ordinary ignorance of law is not extreme circumstance to justify default judgment entered against him. |
Civil Procedure |
|
Aug. 5, 2010 | |
|
S165906
|
Haworth v. Superior Court (Ossakow)
Former judge’s past censure over jokingly sexist remarks does not affect his ability to be impartial arbitrator in case involving female litigant. |
Civil Procedure |
|
Aug. 3, 2010 | |
|
A126077
|
Tucker v. Pacific Bell Mobile Services
Trial court lacks authority to award costs of future deposition as discovery sanction where individual had not yet incurred those costs. |
Civil Procedure |
|
Aug. 2, 2010 | |
|
C060886
|
Sacramento Suncreek Apartments LLC v. Cambridge Advantaged Properties II L.P.
Trial court properly dismisses action for lack of personal jurisdiction against nonresidential limited partners of business that managed apartment complex. |
Civil Procedure |
|
Aug. 2, 2010 | |
|
D055532
|
Chapala Management Corp. v. Stanton
Attorney fees awarded pursuant to action for injunctive relief are routine costs subject to automatic stay pending appeal. |
Civil Procedure |
|
Jul. 30, 2010 | |
|
09-35756
|
Alliance for the Wild Rockies v. Cottrell
Although plaintiffs must also satisfy other factors, 'serious questions' test for determining whether to issue preliminary injunctions remains viable. |
Civil Procedure |
|
Jul. 29, 2010 | |
|
A124038
|
Cellphone Fee Termination Cases
Notice to class members of class action settlement is adequate where court carefully reviews content of notice detailing rights and obligations. |
Civil Procedure |
|
Jul. 28, 2010 | |
|
C061857
|
People v. Meyer
Court properly denies motion to attend traffic school in lieu of adjudicating speeding offense, despite violator’s lack of driver’s license. |
Civil Procedure |
|
Jul. 26, 2010 | |
|
D055200
|
County of San Diego v. Gorham
Court that fails to serve father lacks personal jurisdiction and must dismiss action. |
Civil Procedure |
|
Jul. 22, 2010 | |
|
B217782
|
Bozzi v. Nordstrom Inc.
Material dispute does not exist where plaintiff’s expert does not state facts to support opinion for product liability claim. |
Civil Procedure |
|
Jul. 14, 2010 | |
|
G041738
|
Kruss v. Booth
Plaintiff has right to amend complaint where question exists as to choice of law governing foreign company practices. |
Civil Procedure |
|
Jul. 13, 2010 | |
|
08-56357
|
Couch v. Telescope Inc.
Appeals court lacks jurisdiction over appeal of denial of motion to dismiss where no substantial ground for difference of opinion existed. |
Civil Procedure |
|
Jul. 9, 2010 | |
|
C061084
|
Litwin v. Estate of Formela
Statute of limitations is not tolled for claims against nonresident motorists who may be served with process through Dept. of Motor Vehicles. |
Civil Procedure |
|
Jul. 9, 2010 | |
|
05-15704
|
Betz v. Trainer Wortham & Co. Inc.
Remand to district court is appropriate because it has more available procedures than appellate court to determine issues of material fact. |
Civil Procedure |
|
Jul. 8, 2010 | |
|
G042772
|
Nordstrom Commission Cases
Trial court considers all relevant factors in determining class action settlement is fair, adequate, and reasonable. |
Civil Procedure |
|
Jul. 8, 2010 | |
|
D054878
|
Air Machine Com SRL v. Superior Court (Sukumar)
Defendants are not deemed to have appeared in action by serving 998 offer where they moved to quash before serving offer. |
Civil Procedure |
|
Jul. 6, 2010 | |
|
B215594
|
Munoz v. BCI Coca-Cola Bottling Co. of Los Angeles
Settlement approval does not require explicit statement regarding maximum amount in controversy for court to make informed, reasonable decision. |
Civil Procedure |
|
Jul. 6, 2010 | |
|
B216291
|
Steinman v. Malamed
Payment sent without conditions, after receiver refused to accept payment ‘under protest,’ is voluntary, and paying party is not entitled to recovery. |
Civil Procedure |
|
Jun. 30, 2010 | |
|
A124965
|
Lucky United Properties Investment Inc. v. Lee
Prevailing party is entitled to recover attorney fees because judgment had not been satisfied in full by time of party's motion. |
Civil Procedure |
|
Jun. 30, 2010 | |
|
B215764
|
Zamora v. Lehman
Parties waive right to compel arbitration where they fail to file motion until after discovery is conducted, acting inconsistently with contractual rights. |
Civil Procedure |
|
Jun. 30, 2010 | |
|
B214955
|
Martinez v. Ford Motor Co.
Party may not establish grounds for forum non-conveniens motion by using California court for discovery that could not have been obtained in Mexico. |
Civil Procedure |
|
Jun. 29, 2010 | |
|
G041702
|
Faulkinbury v. Boyd & Associates Inc.
Class certification is appropriate where plaintiffs show community of interest in determining all employees’ entitlement to reimbursement for overtime pay. |
Civil Procedure |
|
Jun. 25, 2010 | |
|
06-17261
|
EEOC v. Peabody Western Coal Co.
Nonparty may be joined into action under Federal Rule of Civil Procedure 19 despite amended complaint filed by plaintiff following remand. |
Civil Procedure |
|
Jun. 24, 2010 | |
|
10-55145
|
Toyo Tire Holdings of Americas Inc. v. Continental Tire North America Inc.
District court may grant preliminary injunction to preserve status quo while parties await arbitration proceedings. |
Civil Procedure |
|
Jun. 21, 2010 | |
|
G041738
|
Kruss v. Booth
Plaintiff has right to amend complaint where question exists as to choice of law governing foreign company practices. |
Civil Procedure |
|
Jun. 15, 2010 | |
|
B217037
|
Culver Center Partners East #1 L.P. v. Baja Fresh Westlake Village Inc.
Landlord must serve notice to address provided by tenant under lease to file unlawful detainer suit. |
Civil Procedure |
|
Jun. 15, 2010 | |
|
G042006
|
G.R. v. Intelligator
Attorney’s failure to redact personal identifiers in filing motion falls within protected activity, despite violation of court rules. |
Civil Procedure |
|
Jun. 14, 2010 | |
|
07-16094
|
Lagstein v. Certain Underwriters at Lloyd's, London
Court errs in vacating arbitration award based on conclusion that its size was excessive and in manifest disregard of law. |
Civil Procedure |
|
Jun. 11, 2010 |