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Bourgi v. West Covina Motors Inc.
Court must let jury consider Vehicle Code's safe harbor provisions in determining car dealer's liability under Consumer Legal Remedies Act.
Civil Procedure Oct. 27, 2008
Harper v. 24 Hour Fitness Inc.
Class decertification is improper where based on erroneous legal assumptions.
Civil Procedure Oct. 24, 2008
Mangano v. Verity Inc.
Defendant is denied postoffer attorney fees where plaintiff's FEHA action is not without any legal or factual foundation.
Civil Procedure Oct. 23, 2008
Cundiff v. Verizon California Inc.
Unclaimed funds in Verizon settlement are deemed 'unpaid residue' under Code of Civil Procedure Section 384(b).
Civil Procedure Oct. 20, 2008
Fasuyi v. Permatex Inc.
Court must vacate default judgment against defendant who properly filed responsive pleading after receiving notice.
Civil Procedure Oct. 17, 2008
Haneline Pacific Properties v. May
Co-owners' negotiations about management of property do not fall within litigation privilege for purposes of anti-SLAPP statute.
Civil Procedure Oct. 16, 2008
Johnson v. Glaxosmithkline Inc.
Collateral estoppel does not preclude plaintiff's efforts to pursue class action against drug manufacturer.
Civil Procedure Oct. 16, 2008
Turnacliff v. Westly
Return of abandoned property with single statutorily-determined interest rate of 1.69 percent is deemed proper without violating Takings Clause.
Civil Procedure Oct. 16, 2008
Hoffman v. Citibank (South Dakota) N.A.
Court must apply California choice of law analysis prior to finding that class arbitration waiver is enforceable under other state's law.
Civil Procedure Oct. 15, 2008
Stillwell v. The Salvation Army
Trial court improperly grants former employer's JNOV motion based on inconsistent jury finding that plaintiff was at-will employee.
Civil Procedure Oct. 8, 2008
Federal Deposit Insurance Corp. v. Dintino
In case involving nonpayment of home loan, bank timely files its cause of action for unjust enrichment.
Civil Procedure Oct. 3, 2008
Haneline Pacific Properties v. May
Co-owners' negotiations about management of property do not fall within litigation privilege for purposes of anti-SLAPP statute.
Civil Procedure Oct. 2, 2008
Hewlett-Packard Company v. Superior Court (Rutledge)
Order of class certification is proper even though plaintiffs’ underlying claims may be substantively invalid.
Civil Procedure Sep. 29, 2008
Bourgi v. West Covina Motors Inc.
Court must let jury consider Vehicle Code's safe harbor provisions in determining car dealer's liability under Consumer Legal Remedies Act.
Civil Procedure Sep. 26, 2008
CarePartners v. Lashway
State employees are not entitled to qualified immunity for disparate enforcement action allegedly motivated by regulated entity's protected speech and petition activities.
Civil Procedure Sep. 26, 2008
Shisler v. Sanfer Sports Car Inc.
Court has jurisdiction to rule upon defendant's motion for attorney fees after quashing service for lack of personal jurisdiction.
Civil Procedure Sep. 26, 2008
Gridley v. Gridley
Where temporary judge lacks authority to adjudicate petition, orders on attorney disqualification motion must be reversed.
Civil Procedure Sep. 25, 2008
U.S. v. Bhatia
Privity between government and plaintiff in civil action is insufficient to bar subsequent criminal prosecution of defendant for wire fraud and money laundering.
Civil Procedure Sep. 25, 2008
Rael v. Davis
Mediation settlement agreement found to be inadmissible in civil proceeding is also unenforceable.
Civil Procedure Sep. 25, 2008
Johnson v. Glaxosmithkline Inc.
Collateral estoppel does not preclude plaintiff's efforts to pursue class action against drug manufacturer.
Civil Procedure Sep. 23, 2008
Mark v. Spencer
Failure to disclose fee-splitting agreement to court prior to approval of class action settlement bars future enforcement of agreement.
Civil Procedure Sep. 18, 2008
Lee v. Dynamex Inc.
Denial of motion to compel disclosure of contact information for putative class members is reversed.
Civil Procedure Sep. 18, 2008
Hoffman v. Construction Protective Services Inc.
Failure to disclose damage calculations under FRCP Rule 26 results in exclusion of evidence as sanction.
Civil Procedure Sep. 17, 2008
Klemm v. Astrue
Notice of appeal from denial of benefits is timely filed when clerk receives document, despite deficiencies in form that violate local rules.
Civil Procedure Sep. 17, 2008
Anthony v. City of Los Angeles
Prevailing party in FEHA action is not required to claim expert witness fees within 15-day period under rule for filing memorandum of costs.
Civil Procedure Sep. 15, 2008
Dornbirer v. Kaiser Foundation Health Plan Inc.
Ambiguous disclosure by arbitrator is insufficient to vacate arbitration award.
Civil Procedure Sep. 11, 2008
Platypus Wear Inc. v. Goldberg
Court abuses its discretion in granting defendant's application to file late anti-SLAPP motion.
Civil Procedure Sep. 8, 2008
Hoffman v. Construction Protective Services Inc.
Failure to disclose damage calculations under FRCP Rule 26 results in exclusion of evidence as sanction.
Civil Procedure Sep. 5, 2008
Oscar v. Alaska Dept. of Education and Early Development
Dismissal without prejudice does not confer prevailing party status upon defendant for purposes of awarding attorney fees.
Civil Procedure Sep. 4, 2008
Nationwide Life Insurance Co. v. Richards
Where wife seeks murdered husband's life insurance proceeds, court properly draws adverse inference from her assertion of Fifth Amendment privilege.
Civil Procedure Aug. 29, 2008