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Thiara v. Pacific Coast Khalsa Diwan Society
60-day period for filing appeal does not commence based on plaintiffs’ attorney’s cover letter establishing date of copy of judgment. 		Civil Procedure Feb. 22, 2010
McCann v. Foster Wheeler LLC
Oklahoma statute of repose applies in California asbestos exposure case where Oklahoma’s interest would be more impaired by failure to apply statute. 		Civil Procedure Feb. 18, 2010
Anderson v. Chikovani
Latest deadline for filing notice of appeal is triggered where party was not served notice of order denying new trial. 		Civil Procedure Feb. 12, 2010
Jaimez v. DAIOHS USA Inc.
Trial court incorrectly denies class certification based on inadequacy of class representative. 		Civil Procedure Feb. 10, 2010
Schultz v. Judgment Resolution Corp.
Mandatory Victims Restitution Act victim cannot interplead to collect on assets where debtor has already paid debt to another party. 		Civil Procedure Feb. 10, 2010
Yokoyama v. Midland National Life Insurance Co.
Class certification is appropriate where determination of reliance on defendant’s deceptive practices is based on objective reasonable person standard. 		Civil Procedure Feb. 9, 2010
Omstead v. Dell Inc.
Court abuses its discretion by dismissing plaintiffs’ action for failure to prosecute where no unreasonable delay was shown. 		Civil Procedure Feb. 8, 2010
Villano v. Waterman Convalescent Hospital Inc.
Otherwise appealable judgment rendered with consent of appellant is non-appealable because prejudice was not shown. 		Civil Procedure Feb. 8, 2010
Goodman v. Lozano
Plaintiffs are not prevailing parties where they took nothing against nonsettling defendants due to offset by amount received from settling defendants. 		Civil Procedure Feb. 5, 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 Feb. 5, 2010
Brown, Winfield & Canzoneri Inc. v. Superior Court (Great American Insurance Co.)
Court of Appeal may issue suggestive 'Palma' notice without notice to or solicitation from opposing real party in interest. 		Civil Procedure Feb. 2, 2010
Biscaro v. Stern
Trial court commits structural error in failing to rule on disabled person’s request for accommodation through assistance by neuropsychologist. 		Civil Procedure Feb. 1, 2010
Pellegrino v. Robert Half International Inc.
Court does not deny defendant’s right to jury trial where equitable issues were decided first and judgment was entered on parties’ stipulation. 		Civil Procedure Feb. 1, 2010
Robles v. Chalilpoyil
Anti-SLAPP motion is properly denied where plaintiffs’ negligence claim was based on their own expert’s false deposition testimony. 		Civil Procedure Jan. 29, 2010
Mansouri v. Superior Court (Fleur du Lac Estates Association)
Court errs by compelling arbitration where homeowners’ association failed to demand arbitration based on agreement and other party did not refuse arbitration. 		Civil Procedure Jan. 29, 2010
Arce v. Kaiser Foundation Health Plan Inc.
Demurrer is erroneously granted where action against insurer for denying autism therapies had questions of law and fact common to class. 		Civil Procedure Jan. 28, 2010
State Farm General Insurance Co. v. JT's Frames Inc.
Order denying motion to quash is not appealable where party contesting jurisdiction fully participated in resolving action’s merits while writ was pending. 		Civil Procedure Jan. 28, 2010
Stein v. York
Default judgment amounting to $2.65 million is void where complaint failed to state amount of damages requested. 		Civil Procedure Jan. 27, 2010
Hoffman v. Tonnemacher
District courts have discretion to permit successive motions for summary judgment, which are particularly appropriate on expanded factual record. 		Civil Procedure Jan. 22, 2010
State of South Carolina v. State of North Carolina
Nonstate intervenor in original action must show compelling interest apart from other state citizens, which state cannot properly represent. 		Civil Procedure Jan. 21, 2010
California Correctional Peace Officers Association v. Virga
State officials are not entitled to attorney fees where complaints were based on federal claims, rather than California Tort Claims Act. 		Civil Procedure Jan. 20, 2010
Narouz v. Charter Communications LLC
Class representative who settles personal claims while maintaining ‘personal stake’ in class can appeal claims without finding of mootness. 		Civil Procedure Jan. 19, 2010
Hollingsworth v. Perry
Attempted local rule amendment that allowed broadcast of Proposition 8 trial is invalid because it violated federal law. 		Civil Procedure Jan. 15, 2010
U.S. Philips Corp. v. KXD Technology Inc.
Modification of preliminary injunction freezing defendant's assets is void where preliminary injunction had dissolved due to entry of final judgment. 		Civil Procedure Jan. 13, 2010
Cell Therapeutics Inc. v. Lash Group Inc.
By interpreting prior settlement as establishing liability, trial court erroneously precludes qui tam defendant from bringing suit against third party. 		Civil Procedure Jan. 7, 2010
United Steel, Paper & Forestry, Rubber, Manufacturing Energy, Allied Industrial & Service Workers International Union AFL-CIO CLC v. ConocoPhillips Co.
Predominance requirement for certifying class should be based on actual, apparent issues and not possibility of plaintiff’s theory failing. 		Civil Procedure Jan. 7, 2010
Fink v. Shemtov
Plaintiff in over five cases within past seven years is considered vexatious litigant where decisions were final and adverse to him. 		Civil Procedure Jan. 6, 2010
Biscaro v. Stern
Trial court errs when it denies cognitively disabled person’s courtroom accommodation request for neuropsychologist. 		Civil Procedure Jan. 4, 2010
Kemps v. Beshwate
Innocent confusion does not qualify as illegal conduct that would bar defendants' right to special motion to strike. 		Civil Procedure Dec. 31, 2009
D.R.S. Trading Co. Inc. v. Barnes
Trial court has authority to reconsider motion for relief from default after entry of final judgment. 		Civil Procedure Dec. 24, 2009
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