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Zermeno v. Precis Inc.
New standing provision for unfair competition lawsuits may not be applied retroactively where plaintiffs' settled rights and expectations may be significantly impaired. 		Civil Procedure Dec. 24, 2009
Sakhai v. Zipora
Court need only provide 20 days notice to show cause as to why case should not be dismissed for delay in prosecution. 		Civil Procedure Dec. 23, 2009
In re Vioxx Class Cases
Class certification is denied where individual issues prevailed in claim based on difference in price between drug with adverse effects and safer drug. 		Civil Procedure Dec. 17, 2009
Walton v. Mueller
Debtor cannot seek enforcement of purported settlement, which was created after final judgment, when action is no longer pending. 		Civil Procedure Dec. 17, 2009
Riordan v. State Farm Mutual Automobile Insurance Co.
Plaintiff seeking to recover attorney fees is only required to include prayer for fees in pleadings if fees are element of claim. 		Civil Procedure Dec. 14, 2009
Boston Telecommunications Group Inc. v. Wood
Dismissal on forum non conveniens grounds is improper where California witnesses were important to U.S. citizen’s claim and conduct occurred in California. 		Civil Procedure Dec. 10, 2009
Mohawk Industries Inc. v. Carpenter
Pretrial discovery order compelling disclosure of privileged material is not collaterally reviewable because post-judgment appeal may protect attorney-client privilege. 		Civil Procedure Dec. 9, 2009
Lemoge v. United States
When addressing motion to set aside dismissal, court must explicitly apply 'excusable neglect' framework, which includes consideration of movant's good faith. 		Civil Procedure Dec. 8, 2009
Keller v. Tuesday Morning Inc.
Decertification of class action status for overtime dispute is valid where individual issues predominated over common class issues. 		Civil Procedure Dec. 7, 2009
Tarrant Bell Property LLC v. Superior Court (Abaya)
Reference proceeding where there is possibility of conflicting rulings or poor judicial economy can be denied under discretion of trial court. 		Civil Procedure Dec. 3, 2009
Bates v. Rubio's Restaurants Inc.
Where judge is not disqualified at time of order, judge's order is effective even if contained in same minute order as recusal. 		Civil Procedure Dec. 2, 2009
Nelson v. Exxon Mobil Corp.
Transferee acquires right to pursue punitive damages when such damages were incident to transferable property claim. 		Civil Procedure Dec. 2, 2009
William O. Gilley Enterprises Inc. v. Atlantic Richfield Co.
Plaintiff asserting federal antitrust claim is estopped from alleging conspiracy under same set of facts already deemed insufficient during previous state litigation. 		Civil Procedure Dec. 2, 2009
PrediWave Corp. v. Simpson Thacher & Bartlett LLP
Client's cause of action against former attorneys for allegedly allowing CEO to loot company may not be set aside under anti-SLAPP statute. 		Civil Procedure Dec. 2, 2009
One Star Inc. v. Staar Surgical Co.
Under Code of Civil Procedure Section 998, cost-shifting provision is calculated from last unrevoked settlement offer. 		Civil Procedure Dec. 1, 2009
Guessous v. Chrome Hearts LLC
Subsequent domestic lawsuit cannot be stricken under anti-SLAPP motion because original foreign lawsuits are not protected. 		Civil Procedure Dec. 1, 2009
Standard Microsystems Corp. v. Winbond Electronics Corp.
Trial court must provide mandatory relief where defendants’ prior attorney admitted to mistake that led to adverse judgment. 		Civil Procedure Nov. 26, 2009
Carol Gilbert Inc. v. Haller
Summons that lacks reference to defendant's fictitious name does not satisfy notice requirement regardless of notice by other means. 		Civil Procedure Nov. 26, 2009
Align Technology Inc. v. Tran
Although ‘related causes of action’ are compulsorily barred in subsequent suit, court may grant party leave to amend to assert other claims. 		Civil Procedure Nov. 26, 2009
Galleria Plus Inc. v. Hanmi Bank
Notice of motion for sanctions is defective due to failure to specify when motion would be made. 		Civil Procedure Nov. 22, 2009
Padgett v. Wright
Exception to rule prohibiting appeal of denial of summary judgment does not apply where jury already found constitutional violation. 		Civil Procedure Nov. 22, 2009
Nelson v. Exxon Mobil Corp.
Transferee acquires right to pursue punitive damages when such damages were incident to transferable property claim. 		Civil Procedure Nov. 22, 2009
Myers v. Trendwest Resorts, Inc.
Defendant's statement of undisputed facts accompanying motion for summary judgment does not constitute judicial admission of facts. 		Civil Procedure Nov. 22, 2009
Perry v. Proposition 8 Official Proponents
Public interest organization is not entitled to intervene in suit challenging Proposition 8’s constitutionality where existing parties would adequately represent organization’s interests. 		Civil Procedure Nov. 19, 2009
Epic Communications Inc. v. Richwave Technology Inc.
Personal jurisdiction exists over Taiwanese companies where companies dealt directly with California company regarding development of technology. 		Civil Procedure Nov. 18, 2009
NutraGenetics LLC v. Superior Court (Cavenah)
Separate case asserting same facts and claims as previous related suit but against different defendant is not ‘continuation’ of previous suit. 		Civil Procedure Nov. 18, 2009
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 Nov. 18, 2009
United Central Bank v. Superior Court (Chang)
Writ of attachment issues on guaranty, regardless of security on loan, where guarantor waived right to require creditor to proceed against borrower. 		Civil Procedure Nov. 17, 2009
State of Arizona ex rel. Arizona Dept. of Revenue v. Yuen
Judgment giving full faith and credit to Arizona proceeding is vacated due to California resident’s lack of notice and conflicts of interest. 		Civil Procedure Nov. 15, 2009
Louie v. BFS Retail and Commercial Operations LLC
Lawsuit seeking damages is not barred by res judicata where prior class action lawsuit reserved damage claims by consent decree. 		Civil Procedure Nov. 10, 2009
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