Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B210629
|
Haro v. City of Rosemead
Class action under Fair Labor Standard Act of 1938 cannot be maintained where plaintiffs must opt-in to participate. |
Civil Procedure |
|
Jun. 11, 2009 | |
08-660
|
United States ex rel. Eisenstein v. City of New York
United States is not considered 'party' in privately initiated False Claims Act action where right to intervene not exercised. |
Civil Procedure |
|
Jun. 9, 2009 | |
07-55835
|
Kearns v. Ford Motor Co.
Class action alleging fraudulent conduct under state law removed to federal court must satisfy particularity pleading requirement. |
Civil Procedure |
|
Jun. 9, 2009 | |
G038734
|
Doppes v. Bentley Motors Inc.
Trial court abuses its discretion by failing to impose terminating sanctions against defendant for repeated misuse of discovery process. |
Civil Procedure |
|
Jun. 9, 2009 | |
A121827
|
Valentine Capital Asset Management Inc. v. Agahi
Arbitration between Financial Industry Regulatory Authority member representatives is not required where dispute does not arise from work conducted in representative capacity. |
Civil Procedure |
|
Jun. 1, 2009 | |
B206790
|
Aguilera v. Heiman
Negligence claim not equitably tolled where defendants were joined in first claim for workers' compensation after statute of limitations had expired. |
Civil Procedure |
|
Jun. 1, 2009 | |
B205969
|
Bi-Coastal Payroll Services Inc. v. California Insurance Guarantee Association
Minute order entitled 'Notice of Entry' of judgment does not trigger 60-day period for filing notice of appeal. |
Civil Procedure |
|
Jun. 1, 2009 | |
B206513
|
Garcia v. Santana
Trial court fails to consider entirety of circumstances in deciding whether to grant reasonable attorney fees against indigent plaintiff. |
Civil Procedure |
|
May 31, 2009 | |
B205766
|
Kojababian v. Genuine Home Loans Inc.
Summary judgment proper where moving party shows absence of triable issues of material fact and opposing party fails to file separate statement. |
Civil Procedure |
|
May 31, 2009 | |
F055200
|
Rodriguez v. Henard
Motion to set aside default judgment denied where alleged zip code defect in affidavits of mailing deemed not prejudicial. |
Civil Procedure |
|
May 31, 2009 | |
B208024
|
Pelayo v. J.J. Lee Management Co. Inc.
Default judgment against 'Doe' defendant is improper where proof of service fails to state fictitious name under which defendant was served. |
Civil Procedure |
|
May 31, 2009 | |
G038984
|
Applera Corp. v. MP Biomedicals LLC
Plaintiff properly sues in state court where breach of contract claim involved alleged failure to pay royalties under patent licensing agreement. |
Civil Procedure |
|
May 31, 2009 | |
B186000
|
Dee v. PCS Property Management Inc.
Proposed expert testimony is properly excluded where experts relied on unsupported assumption that mold exposure caused plaintiff’s symptoms. |
Civil Procedure |
|
May 31, 2009 | |
S149499
|
Hernandez v. City of Pomona
Federal judgment collaterally estops plaintiffs from pursuing wrongful death claim based on officers' allegedly negligent preshooting conduct. |
Civil Procedure |
|
May 28, 2009 | |
G041255
|
Yamaha Motor Co. Ltd. v. Superior Court (Connors)
Hague Service Convention not applicable where Japanese manufacturer is validly served under California law via service on American subsidiary. |
Civil Procedure |
|
May 27, 2009 | |
B203777
|
Magana Cathcart McCarthy v. CB Richard Ellis Inc.
Stipulated judgment cannot stand where parties failed to comply with summary judgment requirements. |
Civil Procedure |
|
May 25, 2009 | |
F055815
|
Lewis C. Nelson & Sons Inc. v. Lynx Iron Corp.
Grant of motion to vacate voluntary dismissal deemed improper where adverse dispositive ruling not inevitable. |
Civil Procedure |
|
May 25, 2009 | |
07-35726
|
Avery v. First Resolution Management Corp.
Claim that defendants attempted to collect time-barred debt fails where parties lawfully adopted state's statute of limitations and tolling provisions. |
Civil Procedure |
|
May 25, 2009 | |
A121982
|
Center for Self-Improvement and Community Development v. Lennar Corp.
Suspension of corporate powers at time of serving Proposition 65 notice is cured by revivor. |
Civil Procedure |
|
May 21, 2009 | |
B211070
|
Manhattan Loft LLC. v. Mercury Liquors Inc.
Anti-SLAPP statute does not protect recording of lis pendens for property where no civil action was filed. |
Civil Procedure |
|
May 19, 2009 | |
B205919
|
Elkman v. National States Insurance Co
Acceptance of premium payments from California resident does not establish jurisdiction over out-of-state insurance company. |
Civil Procedure |
|
May 17, 2009 | |
07-15041
|
Elliott v. White Mountain Apache Tribal Court
Non-Indian defendant for civil suit brought in tribal court not entitled to federal court relief until tribal court remedies are exhausted. |
Civil Procedure |
|
May 14, 2009 | |
06-17084
|
Meyer v. Horizon Health Corp.
District court lacks subject matter jurisdiction over False Claims Act action where public disclosure of allegations occurred in prior suit. |
Civil Procedure |
|
May 14, 2009 | |
B200675
|
Maatuk v. Guttman
Trial court properly excludes expert testimony regarding damages from loss of patents where product was still in development. |
Civil Procedure |
|
May 12, 2009 | |
07-55790
|
Hatfield v. Halifax PLC
Statute of limitations period does not bar claim of California class members under doctrine of equitable tolling. |
Civil Procedure |
|
May 10, 2009 | |
S163430
|
Keener v. Jeld-Wen Inc.
Verdict upheld where juror's silence during polling did not constitute 'expressed disagreement.' |
Civil Procedure |
|
May 7, 2009 | |
H032542
|
Ramon v. County of Santa Clara
Work performed to oppose amicus brief in case involving same issue presented in present action is subject to attorney's fees award. |
Civil Procedure |
|
May 5, 2009 | |
07-1437
|
Carlsbad Technology Inc. v. HIF Bio Inc.
Court's order remanding case to state court after declining to exercise supplemental jurisdiction is reviewable. |
Civil Procedure |
|
May 4, 2009 | |
08-146
|
Arthur Andersen LLP v. Carlisle
Appellate court errs by dismissing appeal regarding denial of Federal Arbitration Act Section 3 motion to stay for lack of jurisdiction. |
Civil Procedure |
|
May 4, 2009 | |
G038984
|
Applera Corp. v. MP Biomedicals LLC
Plaintiff properly sues in state court where breach of contract claim involved alleged failure to pay royalties under patent licensing agreement. |
Civil Procedure |
|
May 3, 2009 |