| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C056812
|
Tracy Press Inc. v. Superior Court (City of Tracy)
Failure to name party with unique interests results in denial of petition for writ of mandate. |
Civil Procedure |
|
Jul. 17, 2008 | |
|
H030063
|
Shapiro v. Clark
Order on relief from default is affirmed where good cause is shown for minor neglect reflected in defendant's default. |
Civil Procedure |
|
Jul. 17, 2008 | |
|
B199529
|
Applied Business Software Inc. v. Pacific Mortgage Exchange Inc.
Subsequent alleged breaches of settlement agreements are not protected activities under anti-SLAPP statute. |
Civil Procedure |
|
Jul. 16, 2008 | |
|
H031130
|
Tendler v. www.jewishsurvivors.blogspot.com
Court errs in granting defendants' motion to strike complaint where plaintiff's request for subpoenas falls outside anti-SLAPP statute. |
Civil Procedure |
|
Jul. 9, 2008 | |
|
H031524
|
Marriage of Falcone
Court properly imposes sanctions on ex-wife who refuses to modify or withdraw frivolous contempt motion. |
Civil Procedure |
|
Jul. 9, 2008 | |
|
B195418
|
Deutsch v. Masonic Homes of California Inc.
Defendants do not have requisite notice under Code of Civil Procedure Section 340.1(c) if plaintiffs only show conduct was 'obvious.' |
Civil Procedure |
|
Jul. 8, 2008 | |
|
B199289
|
Molski v. Arciero Wine Group
Winery is properly awarded attorney fees in state court action where plaintiff seeks injunctive relief for remediated violations of disability access statutes. |
Civil Procedure |
|
Jul. 8, 2008 | |
|
05-56214
|
Hearns v. San Bernardino Police Dept.
Plaintiff's complaints alleging race-based discrimination do not warrant dismissal under Federal Rule of Civil Procedure 8. |
Civil Procedure |
|
Jul. 2, 2008 | |
|
B185999
|
Sanders v. Lawson
Trial court improperly awarded trustee fees for his services where fees are not authorized under Elder Abuse Act. |
Civil Procedure |
|
Jul. 1, 2008 | |
|
B200693
|
Farwell v. Sunset Mesa Property Owners Association Inc.
'Death knell' doctrine does not apply where demurrer with leave to amend is sustained and ability to file actions against individuals remains. |
Civil Procedure |
|
Jun. 20, 2008 | |
|
D050473
|
Ford Motor Credit Co. v. Hunsberger
Party cannot recover contractual attorney fees under Civil Code Section 1717 where action is voluntarily dismissed. |
Civil Procedure |
|
Jun. 19, 2008 | |
|
F049638
|
CDF Firefighters v. Maldonado
Labor union seeking damages from its member must establish all elements of its contractual claim, like any other civil litigant must do. |
Civil Procedure |
|
Jun. 19, 2008 | |
|
A118355
|
Guerrero v. Rodan Termite Control Inc.
Whether plaintiff obtained more favorable judgment for purposes of shifting post-offer costs depends on status of litigation when offer was submitted. |
Civil Procedure |
|
Jun. 17, 2008 | |
|
D048882
|
In re Red Light Photo Enforcement Cases
Red light photo enforcement is not wasteful or illegal, and City of West Hollywood has no duty to grant writ relief sought. |
Civil Procedure |
|
Jun. 17, 2008 | |
|
G038594
|
In re BCBG Overtime Cases.
Motion to strike class allegations is properly granted in case where plaintiffs seek overtime compensation. |
Civil Procedure |
|
Jun. 17, 2008 | |
|
G039767
|
Avenue v. Franco
Appeal is dismissed for lack of jurisdiction where noncompliance with statutory notice requirements did not void judgment in trial court. |
Civil Procedure |
|
Jun. 13, 2008 | |
|
07-371
|
Taylor v. Sturgell
Theory of preclusion by 'virtual representation' is disapproved as exception to rule disallowing nonparties from being bound by earlier judgments. |
Civil Procedure |
|
Jun. 13, 2008 | |
|
06-1204
|
Republic of Philippines v. Pimentel
Appellate court fails to give sufficient weight to likely prejudice to parties who were dismissed based on sovereign immunity. |
Civil Procedure |
|
Jun. 13, 2008 | |
|
G039037
|
The Cadle Company II Inc. v. Fiscus
Personal jurisdiction is established over Arizona resident having no ties to California in revival action where original judgment provides necessary minimum contacts. |
Civil Procedure |
|
Jun. 13, 2008 | |
|
C053289
|
Liberty Mutual Fire Insurance Co. v. LcL Administrators Inc.
Trial court properly grants terminating sanctions after defendant willfully fails to comply with discovery by giving evasive and worthless responses. |
Civil Procedure |
|
Jun. 11, 2008 | |
|
06-15970
|
Fulfillment Services Inc. v. UPS Inc.
Plaintiff must allege actual damages arising from violations of Motor Carrier Act in order to state claim successfully. |
Civil Procedure |
|
Jun. 10, 2008 | |
|
G037991
|
Whitehead v. Habig
Default judgment is proper against lessees who refused to tender purchase price after stating their intent to exercise option to purchase property. |
Civil Procedure |
|
Jun. 6, 2008 | |
|
D050975
|
Shufelt v. Hall
'Prison-delivery' rule applies not only to criminal appeals, but also to civil appeals filed by incarcerated pro per litigant. |
Civil Procedure |
|
Jun. 6, 2008 | |
|
H030444
|
Simpson Strong-Tie Co. Inc. v. Gore
In manufacturer's action for defamation and trade libel, attorney's statements in advertisement do not fall within statutory exclusion of anti-SLAPP law. |
Civil Procedure |
|
Jun. 2, 2008 | |
|
A117110
|
Lien v. Lucky United Properties Investment Inc.
Defendant's contention that courts are required to issue statement of decision in support of order granting anti-SLAPP motion is rejected. |
Civil Procedure |
|
Jun. 2, 2008 | |
|
B195889
|
Premier Medical Management Systems Inc. v. California Insurance Guarantee Association
Mandatory award of attorney fees under anti-SLAPP statute is affirmed where no evidence of inefficient or duplicative efforts appear. |
Civil Procedure |
|
Jun. 1, 2008 | |
|
B201147
|
Guardado v. Superior Court (Mariposa Gardens)
Judge does not err in accepting petitioner's peremptory challenge deemed to be timely and proper. |
Civil Procedure |
|
May 23, 2008 | |
|
B194219
|
Santillan v. Roman Catholic Bishop of Fresno
Summary judgment is overturned where triable issues exist as to whether parish housekeeper is agent under duty to disclose suspicions of sexual abuse. |
Civil Procedure |
|
May 22, 2008 | |
|
06-15596
|
United States v. Carpenter
Approval of settlement must be vacated where district court disregards mandate allowing intervenors to participate in settlement review proceedings. |
Civil Procedure |
|
May 21, 2008 | |
|
06-56808
|
Duarte v. Bardales
District court abused its discretion by denying plaintiff's motion to alter or amend judgment. |
Civil Procedure |
|
May 21, 2008 |