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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Keener v. Jeld-Wen Inc.
Verdict upheld where juror's silence during polling did not constitute 'expressed disagreement.'
Civil Procedure May 7, 2009
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
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
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
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