Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H032619
|
Golin v. Allenby
Court abuses its discretion in concluding that vexatious litigants are unlikely to prevail on merits with no legal or evidentiary basis. |
Civil Procedure |
|
Nov. 30, 2010 | |
B219289
|
BBA Aviation PLC v. Superior Court (Engen)
Court improperly imputes jurisdiction over parent company without establishing that company had minimum contacts beyond investing in its subsidiary company. |
Civil Procedure |
|
Nov. 23, 2010 | |
09-17040
|
Hillis v. Heineman
Filing of counterclaim or third-party complaint does not waive defense of improper venue asserted in answer. |
Civil Procedure |
|
Nov. 21, 2010 | |
10-56512
|
Lewis v. Verizon Communications Inc.
Defendant’s concession that some class members were billed for unauthorized charges places entire billings in controversy, thereby satisfying jurisdictional amount. |
Civil Procedure |
|
Nov. 18, 2010 | |
A125298
|
Abaya v. Spanish Ranch I L.P.
Court’s denial of motion to compel arbitration is proper given risk of inconsistent rulings on common issues if different forums are used. |
Civil Procedure |
|
Nov. 14, 2010 | |
E048799
|
Cumbre Inc. v. State Compensation Insurance Fund
Jury instruction on doctrine of fair procedure elements is proper although it was not identical to party’s requested wording. |
Civil Procedure |
|
Nov. 9, 2010 | |
B226902
|
Toyota Motor Sales U.S.A. Inc. v. Superior Court (Braun)
Court errs in allowing presence of plaintiff's counsel in adjoining room to monitor psychiatric examination where such measures were not needed. |
Civil Procedure |
|
Nov. 9, 2010 | |
B221481
|
Laswell v. AG Seal Beach LLC
Denial of motion to compel arbitration based on presence of third-party defendants is improper where defendants were related to facility named in agreement. |
Civil Procedure |
|
Nov. 9, 2010 | |
S175855
|
Conservatorship of Whitley
Court may not consider litigant’s nonpecuniary motives in litigation to deny attorney fees under Code of Civil Procedure Section 1021.5. |
Civil Procedure |
|
Nov. 8, 2010 | |
B217067
|
Ronald P. Slates APC v. Gorabi
Attorney fees are not recoverable in litigation involving priority of judgments over debtor’s limited assets where enforcement of judgment is not involved. |
Civil Procedure |
|
Nov. 7, 2010 | |
08-56667
|
Ahanchian v. Xenon Pictures Inc.
Court improperly denies motion for extension to file opposition to summary judgment motion where request was reasonable and would not prejudice parties. |
Civil Procedure |
|
Nov. 3, 2010 | |
08-35667
|
State of Montana v. BNSF Railway Co.
Injunction may not issue under Anti-Injunction Act where state court proceeding stemmed from facts related to prior federal proceeding, but involved distinct claims. |
Civil Procedure |
|
Nov. 1, 2010 | |
D056206
|
Sevidal v. Target Corp.
Class certification is not proper where there is no way to identify class members who purchased mislabeled products from company’s website. |
Civil Procedure |
|
Oct. 31, 2010 | |
D055852
|
Kovacevic v. Avalon at Eagles’ Crossing Homeowners Association
Vexatious litigant subject to prefiling order precluding propria persona filings is not excused from dismissal of complaint by subsequent retention of counsel. |
Civil Procedure |
|
Oct. 26, 2010 | |
B219584
|
Villacres v. ABM Industries Inc.
Court-approved settlement agreement in class action dismissed without prejudice bars subsequent action by same litigant on same issue raised in previous suit. |
Civil Procedure |
|
Oct. 24, 2010 | |
G043068
|
Baharian-Mehr v. Smith
Appeal of order denying anti-SLAPP motion as frivolous encompasses attorney fee award based on denial of motion. |
Civil Procedure |
|
Oct. 17, 2010 | |
H032417
|
Malatka v. Helm
Prior restraining order is unappealable where defendant failed to bring appeal before subsequent order was granted. |
Civil Procedure |
|
Sep. 29, 2010 | |
09-55108
|
Bateman v. American Multi-Cinema Inc.
Court may not deny class certification based on disproportionality of potential damages and actual harm. |
Civil Procedure |
|
Sep. 28, 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 |
|
Sep. 23, 2010 | |
C062554
|
Doe v. Lincoln Unified School District
Plaintiff has standing to pursue action against school district under fictitious name in order to protect her privacy. |
Civil Procedure |
|
Sep. 22, 2010 | |
S165906
|
Haworth v. Superior Court
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 |
|
Sep. 3, 2010 | |
09-35716
|
Atlantic National Trust LLC v. Mt. Hawley Insurance Co.
Appellate court lacks jurisdiction to review district court order remanding case to state court on defect grounds. |
Civil Procedure |
|
Sep. 3, 2010 | |
A125352
|
115 Cal.Rptr.3d Vanderkous v. Conley
Final submission of case, barring plaintiff’s voluntary dismissal, occurs when court issues statement of decision, regardless of post-submission evidentiary hearings scheduled. |
Civil Procedure |
|
Sep. 3, 2010 | |
E048688
|
Force Framing Inc. v. Chinatrust Bank (U.S.A.)
Claimant serving preliminary stop notice on lender listed in preliminary information sheet may have good faith belief entity is actual construction lender. |
Civil Procedure |
|
Sep. 1, 2010 | |
C062554
|
Doe v. Lincoln Unified School District
Plaintiff has standing to pursue action against school district under fictitious name in order to protect her privacy. |
Civil Procedure |
|
Aug. 31, 2010 | |
H033913
|
Critzer v. Enos
Court lacks authority to enforce settlement under Code of Civil Procedure Section 664.6 where all parties did not give personal consent to settle. |
Civil Procedure |
|
Aug. 31, 2010 | |
B216848
|
Ellerbee v. County of Los Angeles
County cannot be liable for negligence if statute does not impose mandatory duty to ‘promptly’ serve writ of execution. |
Civil Procedure |
|
Aug. 30, 2010 | |
S162570
|
Murray v. Alaska Airlines Inc.
Agency’s factual findings included in final order precludes plaintiff from taking subsequent action in court against same parties. |
Civil Procedure |
|
Aug. 24, 2010 | |
B212062
|
Gutierrez v. California Commerce Club Inc.
Class suitability is improperly determined on demurrer where defendant's liability could be determined by reviewing single set of common facts. |
Civil Procedure |
|
Aug. 24, 2010 | |
08-17372
|
Archdiocese of Milwaukee Supporting Fund Inc. v. Mercury Interactive Corp.
Court may not set deadline for class members to object to proposed attorney fees before counsel’s deadline for filing fee motion. |
Civil Procedure |
|
Aug. 19, 2010 |