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Safeco Insurance Co. of America v. Superior Court (Karnan)
Order granting motion for precertification discovery is upheld where trial court properly weighed potential for abuse against rights of parties.
Civil Procedure May 3, 2009
Lockwood v. Sheppard, Mullin, Richter & Hampton
State court lacks subject matter jurisdiction where federal law governs substantial issues related to patent in complaint.
Civil Procedure May 3, 2009
Conkright v. Frommert
Pension plan does not satisfy criteria for grant of stay pending disposition of petition for certiorari despite 'change in circumstance.'
Civil Procedure May 3, 2009
Sakaguchi v. Sakaguchi
Service of process and statement of damages proper where documents mailed to prison in which defendant was incarcerated.
Civil Procedure Apr. 29, 2009
Munoz v. City of Union City
Interest to accrue from date of entry for original judgment where later rulings only modified portion of fault for each party.
Civil Procedure Apr. 23, 2009
Fries v. Rite Aid Corp.
Defendant seeking costs after plaintiff’s voluntary dismissal not required to file proposed judgment together with memorandum of costs.
Civil Procedure Apr. 23, 2009
Teselle v. McLoughlin
Court abuses discretion by granting summary judgment where plaintiff missed response deadline and defendants' motion failed to address material fact in dispute.
Civil Procedure Apr. 23, 2009
Buckingham v. Gannon
No jurisdiction to review interlocutory order disapproving class settlement where plaintiffs fail to show that order has 'serious, perhaps irreparable, consequence.'
Civil Procedure Apr. 22, 2009
Tur v. YouTube, Inc.
No appellate review for dismissed case where sole jurisdictional basis is that determination of issue may restrict litigation elsewhere.
Civil Procedure Apr. 21, 2009
Watkins v. Wachovia Corp.
Named plaintiff may not pursue appeal on behalf of class where she voluntarily settled her own claims against defendant.
Civil Procedure Apr. 20, 2009
Koepnick v. Kashiwa Fudosan America Inc.
Refusal to impose several liability for non-economic damages award is proper where defendant owner had nondelegable duty to maintain safe elevators.
Civil Procedure Apr. 20, 2009
Century 21 Chamberlain & Associates v. Haberman
Declaratory cause of action based on defendant's request to compel arbitration not protected activity subject to anti-SLAPP statute.
Civil Procedure Apr. 19, 2009
Vidrio v. Hernandez (Mercury Insurance Company)
Court errs in imposing sanctions against nonparty insurer for failure to negotiate settlement in good faith.
Civil Procedure Apr. 14, 2009
Birl v. Heritage Care LLC
Defendant nursing facility is not permitted to arbitrate claims where codefendant hospital and facilities may have contributed to cause of injuries.
Civil Procedure Apr. 10, 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 Apr. 3, 2009
Hunt v. Imperial Merchant Services Inc.
District court may require class action defendant to pay notification costs where defendant's liability already determined.
Civil Procedure Apr. 1, 2009
Muller v. Fresno Community Hospital & Medical Center
Collateral order doctrine permits appeal of order denying motion for sanctions where no payment of money or performance of act is required.
Civil Procedure Mar. 31, 2009
Tanoh v. Dow Chemical Co.
State court actions of less than 100 plaintiffs where defendant proposed joint trial not removable per Class Action Fairness Act.
Civil Procedure Mar. 31, 2009
Cadlo v. Metalclad Insulation Corp.
Defendants are jointly and severally liable for prejudgment interest accruing on judgment amount pursuant to Section 3291.
Civil Procedure Mar. 31, 2009
Swift v. Superior Court
Judge improperly strikes peremptory challenge seeking his disqualification.
Civil Procedure Mar. 30, 2009
United States Fire Insurance Co. v. Sheppard, Mullin, Richter, Hampton
Protected activity incidental to conflict of interest cause of action does not warrant motion to strike under anti-SLAPP statute.
Civil Procedure Mar. 30, 2009
Bruns v. E-Commerce Exchange Inc.
Trial court errs by dismissing class action where partial stays not included in calculation of five year statute of limitations.
Civil Procedure Mar. 25, 2009
Guimei v. General Electric Co.
China properly found to be suitable alternative forum in case involving airplane crash.
Civil Procedure Mar. 25, 2009
Anschutz Entertainment Group Inc. v. Snepp
Order denying special motion to strike plaintiff's second complaint is improper.
Civil Procedure Mar. 24, 2009
Spanair S.A. v. McDonnell Douglas Corp.
Jurisdiction is not transferred back to state court until federal district court clerk mails remand order to superior court clerk.
Civil Procedure Mar. 23, 2009
International Union of Operating Engineers v. County of Plumas
County not barred from seeking removal of case to state court on appeal after previously removing action to federal court.
Civil Procedure Mar. 23, 2009
321 Henderson Receivables Origination LLC v. Tomahawk
Court erred by not allowing factoring company to voluntarily dismiss SSTA petition under Section 581.
Civil Procedure Mar. 20, 2009
Colwell v. Dept. of Health and Human Services
Suit challenging translator requirement for patients with limited English proficiency is dismissed for lack of prudential ripeness.
Civil Procedure Mar. 19, 2009
321 Henderson Receivables Origination LLC v. Ramos
Trial court errs when in finding that petitioner could not voluntarily dismiss petition under Structured Settlement Transfer Act.
Civil Procedure Mar. 19, 2009
Szynalski v. Superior Court (Rosenthal & Co. LLC)
Party consents to personal jurisdiction by obtaining approval of settlement from California court.
Civil Procedure Mar. 17, 2009