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Whittlestone Inc. v. Handi-Craft Co.
Court may not grant motion to strike claim for damages as matter of law under Federal Rule of Civil Procedure 12(f).
Civil Procedure Aug. 18, 2010
Johnson v. Gruma Corp.
Arbitrator did not have to disclose his wife’s past relationship with party’s counsel, so trial court properly confirms his award.
Civil Procedure Aug. 16, 2010
Ebbetts Pass Forest Watch v. California Dept. of Forestry and Fire Protection (Sierra Pacific Industries)
Conservation groups are not entitled to attorney fees where litigation did not result in vindication of any important right affecting public interest.
Civil Procedure Aug. 11, 2010
Ebeid v. Lungwitz
Implied false certification claim under False Claims Act must be pleaded with particularity to give defendant notice of allegations.
Civil Procedure Aug. 10, 2010
Mito v. Temple Recycling Center Corp.
Court clerk must file complaint if it complies with state requirements, regardless of failure to comply with local rule requirements.
Civil Procedure Aug. 10, 2010
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
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
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
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
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
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
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
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
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
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
County of San Diego v. Gorham
Court that fails to serve father lacks personal jurisdiction and must dismiss action.
Civil Procedure Jul. 22, 2010
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
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
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
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
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
Nordstrom Commission Cases
Trial court considers all relevant factors in determining class action settlement is fair, adequate, and reasonable.
Civil Procedure Jul. 8, 2010
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
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
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
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
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
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
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
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