Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D053731
|
Evans v. Lasco Bathware Inc.
Class certification denial based on finding that individual damage issues predominate is not abuse of discretion despite offered formula estimating class-wide damages. |
Civil Procedure |
|
Nov. 9, 2009 | |
C059144
|
Nader Automotive Group LLC v. New Motor Vehicle Board (Volkswagen of America Inc.)
New Vehicle Board properly dismisses protest when petitioner fails to comply with discovery and makes only superficial attempt to justify such failure. |
Civil Procedure |
|
Nov. 9, 2009 | |
B211584
|
Credit Suisse First Boston Mortgage Capital v. Danning, Gill, Diamond & Kollitz
Personal property is no longer subject to lien following transfer if transfer was made within context of letter of credit transaction. |
Civil Procedure |
|
Nov. 4, 2009 | |
08-35561
|
Vivendi SA v. T-Mobile USA Inc.
French corporation's claim against German company is properly dismissed based on forum non conveniens despite purchase of bonds from U.S. company. |
Civil Procedure |
|
Nov. 2, 2009 | |
E046731
|
Lee v. Valverde
Blood alcohol concentration report is admissible under public records exception where report contained date different from date on which analysis occurred. |
Civil Procedure |
|
Nov. 1, 2009 | |
B204986
|
Cohen v. DIRECTV Inc.
Class that is broadly defined by subscription to particular satellite service meets ascertainability requirement although definition may include individuals not injured. |
Civil Procedure |
|
Oct. 29, 2009 | |
B205452
|
Law Offices of Andrew L. Ellis v. Yang
When plaintiff files dismissal before commencement of trial, trial court loses jurisdiction to act, which includes ruling on motion. |
Civil Procedure |
|
Oct. 28, 2009 | |
C058411
|
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 |
|
Oct. 27, 2009 | |
08-35248
|
Bosack v. Soward
Arbitration award is proper where panel did not redetermine issues previously resolved by final interim award. |
Civil Procedure |
|
Oct. 26, 2009 | |
B211431
|
Burlage v. Superior Court (Spencer)
Arbitration award must be vacated where arbitrator excluded evidence, which showed that no damages or dispute existed. |
Civil Procedure |
|
Oct. 21, 2009 | |
B214119
|
United Teachers Los Angeles v. Los Angeles Unified School District
Trial court errs in refusing to grant petition to compel arbitration where denial was based on substantive merits of dispute. |
Civil Procedure |
|
Oct. 19, 2009 | |
08-16720
|
Padgett v. Wright
Exception to rule prohibiting appeal of denial of summary judgment does not apply where jury already found constitutional violation. |
Civil Procedure |
|
Oct. 15, 2009 | |
A121651
|
Nazir v. United Airlines Inc.
Trial court errs by refusing to read thousands of useless pages of moving papers prior to granting summary judgment. |
Civil Procedure |
|
Oct. 13, 2009 | |
C056561
|
Kinsey v. Union Pacific Railroad Co.
Federal law does not authorize award of expert witness fees to defendant who made rejected settlement offer and then obtained defense verdict. |
Civil Procedure |
|
Oct. 12, 2009 | |
A121567
|
Paragon Real Estate Group of San Francisco Inc. v. Hansen
Joint tortfeasors are entitled to indemnity through filing of cross-complaint despite availability of indemnity in initial action. |
Civil Procedure |
|
Oct. 9, 2009 | |
07-16888
|
Los Altos El Granada Investors v. City of Capitola
Reservation of right to litigate federal claims in federal court is valid despite state court’s decision to strike reservation from complaint. |
Civil Procedure |
|
Oct. 8, 2009 | |
07-35571
|
Loya v. Starwood Hotels & Resorts Worldwide Inc.
Wrongful death claim implicating Death on High Seas Act is subject to dismissal based on forum non conveniens. |
Civil Procedure |
|
Oct. 5, 2009 | |
B212854
|
Buesa v. City of Los Angeles
Consideration of perjury issue in mandate proceeding precludes separate action for that issue due to collateral estoppel. |
Civil Procedure |
|
Oct. 5, 2009 | |
07-16306
|
Provincial Government of Marinduque v. Placer Dome Inc.
Subject-matter jurisdiction is improperly exercised under ‘act of state’ doctrine when asserted claims did not depend on evaluation of foreign state action. |
Civil Procedure |
|
Sep. 30, 2009 | |
07-35916
|
Hunter v. Phillip Morris USA
Claim that non-diverse defendant was fraudulently joined based on federal preemption is not ‘obvious according to settled rules of state.’ |
Civil Procedure |
|
Sep. 29, 2009 | |
B206272
|
Doe v. The Roman Catholic Archbishop of Cashel & Emily
Plaintiff waives issue of personal jurisdiction where he failed to fully address all relevant arguments and findings upon review. |
Civil Procedure |
|
Sep. 25, 2009 | |
B214447
|
Manela v. Superior Court (Manela)
Patient-litigant exception to physician-patient privilege does not apply where patient merely denied allegations of seizure disorder. |
Civil Procedure |
|
Sep. 24, 2009 | |
B208782
|
Hearn v. Howard
Service of summons and complaint at party’s commercial post office box is valid where box was listed as business address. |
Civil Procedure |
|
Sep. 24, 2009 | |
A123168
|
Clement v. Alegre
Improperly motivated objections to interrogatories, which referenced prior contemporaneous interrogatories, are subject to sanctions. |
Civil Procedure |
|
Sep. 24, 2009 | |
B208335
|
The Vons Companies Inc. v. Lyle Parks Jr. Inc.
Trial court errs in refusing to award litigation costs to litigant that prevailed on claims assigned to it by original plaintiff. |
Civil Procedure |
|
Sep. 21, 2009 | |
B214119
|
United Teachers Los Angeles v. Los Angeles Unified School District
Trial court errs in refusing to grant petition to compel arbitration where denial was based on substantive merits of dispute. |
Civil Procedure |
|
Sep. 21, 2009 | |
A121623
|
Cho v. Seagate Technology Holdings Inc.
Notice to plaintiff settlement class is inadequate where class definition only included persons who bought product from authorized retailer or distributor. |
Civil Procedure |
|
Sep. 17, 2009 | |
B206272
|
Doe v. The Roman Catholic Archbishop of Cashel & Emily
Plaintiff waives issue of personal jurisdiction where he failed to fully address all relevant arguments and findings upon review. |
Civil Procedure |
|
Sep. 2, 2009 | |
B211431
|
Burlage v. Superior Court (Spencer)
Trial court may vacate arbitration award where arbitrator excluded material evidence, which showed that damages no longer existed. |
Civil Procedure |
|
Sep. 1, 2009 | |
07-15386
|
Bauman v. DaimlerChrysler Corp.
Court lacks jurisdiction over nonresident parent company where subsidiary determined destination of products and parent would not perform subsidiary’s services. |
Civil Procedure |
|
Aug. 31, 2009 |