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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
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
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
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
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
Krupski v. Costa Crociere S.p.A.
Relation back under Federal Rule of Civil Procedure 15(c) depends on knowledge of party to be added, rather than amending party's knowledge.
Civil Procedure Jun. 8, 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. 2, 2010
Samantar v. Yousuf
Foreign official does not receive foreign state immunity because he is not entity of foreign state.
Civil Procedure Jun. 2, 2010
Jordan v. U.S. District Court (United States)
Writ of mandamus is not appropriate to return government-seized property where petitioners may litigate civil judicial forfeiture action for substitute adequate relief.
Civil Procedure Jun. 2, 2010
Valencia v. Smyth
Standard form residential purchase agreement expressly incorporates California Arbitration Act, rather than procedural provisions of Federal Arbitration Act.
Civil Procedure Jun. 2, 2010
Bomersheim v. Los Angeles Gay and Lesbian Center
Improperly treated syphilis patients who had to be retreated can be certified as class in negligence suit against treatment center.
Civil Procedure May 28, 2010
Haight Ashbury Free Clinics Inc. v. Happening House Ventures
Entire cause of action is subject to SLAPP statute even if protected activity is contained in only two out of 16 allegations.
Civil Procedure May 28, 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 May 28, 2010
Adolph v. Coastal Auto Sales Inc.
Party waives right to compel arbitration where actions taken are inconsistent with intent to arbitrate and cause prejudice to opposing party.
Civil Procedure May 27, 2010
Barnett v. First National Insurance Co. of America
Defendant is not entitled to expert witness fees from plaintiffs where joint settlement offer under Code of Civil Procedure Section 998 is invalid.
Civil Procedure May 27, 2010
Sneller v. City of Bainbridge Island
Sanctions order under Federal Rule of Civil Procedure 11 is improper where plaintiffs moved to amend their complaint within 21-day safe harbor period.
Civil Procedure May 26, 2010
Arguelles-Romero v. Superior Court (AmeriCredit Financial Services Inc.)
Court must consider class action waiver validity under tests for unconscionability as well as preferable means to vindicate statutory rights.
Civil Procedure May 23, 2010
State Compensation Insurance Fund v. Superior Court (Onvoi Business Solutions Inc.)
Summary adjudication based on original complaint is improper where amended complaint raises triable issues of fact.
Civil Procedure May 23, 2010
Arguelles-Romero v. Superior Court (AmeriCredit Financial Services Inc.)
Court must consider class action waiver validity under tests for unconscionability as well as preferable means to vindicate statutory rights.
Civil Procedure May 16, 2010
Yassin v. Solis
Civil Code Section 3260(g) does not allow recovery of attorney fees in construction cases where there is no retention of amount owing.
Civil Procedure May 10, 2010
Rossa v. D.L. Falk Construction Inc.
Interest paid on sums borrowed to find letter of credit securing undertaking is not recoverable as ‘cost to procure surety bond.’
Civil Procedure May 7, 2010
Tate v. Wilburn
Order denying motion for reconsideration is not appealable under Code of Civil Procedure Section 1008(b).
Civil Procedure Apr. 30, 2010
Serrano v. Stefan Merli Plastering Co. Inc.
Plaintiffs are not entitled to attorney fees where litigation over deposition reporter fees did not clarify important public right that was infringed.
Civil Procedure Apr. 30, 2010
Dukes v. Wal-Mart Inc.
District court properly certifies class where court made findings by looking beyond pleadings and avoiding unnecessary overlap with questions of merit.
Civil Procedure Apr. 28, 2010
Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
Arbitration panel exceeds powers by imposing own policy choice instead of identifying and applying applicable law.
Civil Procedure Apr. 28, 2010
Primiano v. Cook
Medical testimony is admissible under 'Daubert' based on expert's background, experience and explanation of opinion.
Civil Procedure Apr. 28, 2010
McGuigan v. City of San Diego
Parties are not 'opposing parties' where former defendant joined former plaintiff in defending against third party following settlement agreement.
Civil Procedure Apr. 28, 2010
Shalant v. Girardi
Prefiling order requirement for vexatious litigant only applies to initiation of lawsuit, not prosecution of litigation.
Civil Procedure Apr. 26, 2010
United States ex rel. Haight v. Catholic Healthcare West
Supreme Court decision, which set False Claims Act filing deadline at 30 days, retroactively applies to appeals filing, rendering it untimely.
Civil Procedure Apr. 22, 2010
United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union AFL-CIO CLC v. Shell Oil Co.
Failure to certify class does not defeat federal jurisdiction under Class Action Fairness Act.
Civil Procedure Apr. 22, 2010