Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
06-55921
|
Williams v. Gerber Products Co.
Court improperly dismisses class action plaintiffs' claim that Gerber deceptively packages and markets Fruit Juice Snacks to mislead reasonable consumer. |
Civil Procedure |
|
Apr. 22, 2008 | |
A114334
|
Chavez v. Netflix Inc.
Trial court did not abuse discretion in approving amended class action settlement agreement, approving notice given to class members, or determining fees. |
Civil Procedure |
|
Apr. 22, 2008 | |
05-15672
|
Platt Electrical Supply Inc. v. EOFF Electrical Inc.
District court properly dismisses plaintiff's negligent misrepresentation and fraudulent concealment claims as barred by California statute of limitations. |
Civil Procedure |
|
Apr. 16, 2008 | |
A116690
|
St. Vincent's School for Boys v. City of San Rafael
Due to statutory purpose of cost-containment, prevailing party in CEQA action may recover costs for preparation, even though other party prepared record. |
Civil Procedure |
|
Apr. 16, 2008 | |
B195253
|
Best Interiors Inc. v. Millie and Severson Inc.
Court can exercise discretion under Code of Civil Procedure Section 1281.2 when California law applies instead of Federal Arbitration Act. |
Civil Procedure |
|
Apr. 15, 2008 | |
07-50153
|
United States v. Ibrahim
Federal Rules of Civil Procedure apply when party files motion for return of property and no criminal case is pending at filing. |
Civil Procedure |
|
Apr. 15, 2008 | |
A115057
|
Salma v. Capon
Court properly dismisses intentional interference claim but must strike conversion claim that SLAPP plaintiff attempts to amend from original cross-complaint. |
Civil Procedure |
|
Apr. 11, 2008 | |
F050279
|
Brawley v. J.C. Interiors Inc.
Although both sides breached contract, court is directed to award no damages under Code of Civil Procedure Section 877. |
Civil Procedure |
|
Apr. 10, 2008 | |
C051744
|
Capitol Racing v. California Horse Racing Board (Los Alamitos Quarter Horse Racing Association)
Judgment is reversed where petition brought by plaintiff is time-barred under Business and Professions Code Section 19463. |
Civil Procedure |
|
Apr. 4, 2008 | |
B194919
|
Garibay v. Hemmat
Motion for summary judgment must rely on admissible facts, otherwise expert witness’ declaration that is unsupported by admissible evidence lacks evidentiary value. |
Civil Procedure |
|
Apr. 3, 2008 | |
G038380
|
Metters v. Ralphs Grocery Co.
Arbitration clause is not binding where person who signs form containing clause is unaware it is contract for binding arbitration. |
Civil Procedure |
|
Apr. 3, 2008 | |
06-55981
|
Mendiondo v. Centinela Hospital
Notice pleading standard in Federal Rule of Civil Procedure 8(a) applies to claims of wrongful termination under Federal and California's False Claims Acts. |
Civil Procedure |
|
Apr. 2, 2008 | |
A117182
|
TSMC North America v. Semiconductor Manufacturing International Corp.
Judicial restraint and comity requires California courts to deny antisuit injunction barring corporation's pursuit of Chinese law claims in Beijing. |
Civil Procedure |
|
Mar. 31, 2008 | |
B197692
|
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm. |
Civil Procedure |
|
Mar. 31, 2008 | |
A114651
|
Palm Medical Group Inc. v. State Compensation Insurance Fund
Nonprofit workers' compensation insurer owes occupational clinic duty of fair procedure in acting on its preferred provider network application. |
Civil Procedure |
|
Mar. 27, 2008 | |
C055104
|
State Water Resources Control Board Cases
Private party who succeeded alongside public entity cannot be denied fees simply because success might have been achieved by public entity acting alone. |
Civil Procedure |
|
Mar. 27, 2008 | |
B193745
|
Adaimy v.Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion. |
Civil Procedure |
|
Mar. 26, 2008 | |
G038430
|
Luckett v. Panos
Under Code of Civil Procedure Section 533, vexatious litigant must show change of circumstances to lift order that prevents litigant from filing. |
Civil Procedure |
|
Mar. 26, 2008 | |
B196817
|
Yari v. Producers Guild of America Inc.
Where defendants did not 'certify' anyone as producer for purposes of film's nomination, common law right of fair procedure does not apply. |
Civil Procedure |
|
Mar. 26, 2008 | |
G038591
|
Brodke v. Alphatec Spine Inc.
Under Code of Civil Procedure Section 1281.2, party petitioning to enforce arbitration clause cannot simultaneously deny existence of contract containing arbitration provision. |
Civil Procedure |
|
Mar. 24, 2008 | |
A113034
|
1100 Park Lane Associates v. Feldman
Anti-SLAPP statute and litigation privilege bar evicted tenants' causes of action except for those based on negligent misrepresentation by building's agent. |
Civil Procedure |
|
Mar. 24, 2008 | |
B192865
|
Doe v. United Airlines Inc.
New trial is improperly granted where evidence that minor suffered PTSD from alleged sexual assault on airplane was not 'newly discovered.' |
Civil Procedure |
|
Mar. 21, 2008 | |
A116690
|
St. Vincent's School for Boys v. City of San Rafael
Due to statutory purpose of cost-containment, prevailing party in CEQA action may recover costs for preparation, even though other party prepared record. |
Civil Procedure |
|
Mar. 19, 2008 | |
05-10692
|
U.S. v. Lewis
Speedy Trial Act requires review of entire pre-trial delay to find which periods prejudiced defendant in conspiracy to import endangered reptiles. |
Civil Procedure |
|
Mar. 14, 2008 | |
06-15225
|
United States v. $493,850.00 in U.S. Currency
Grant of summary judgment in favor of government in forfeiture action is proper where additional evidence is admissible under independent source exception. |
Civil Procedure |
|
Mar. 14, 2008 | |
B198253
|
Neville v. Chudacoff
Special motion to strike defamation claim is properly granted where employer's lawyer wrote letter accusing former employee of misappropriating trade secrets. |
Civil Procedure |
|
Mar. 13, 2008 | |
B198455
|
California Back Specialists Medical Group v. Rand
Defendant’s anti-SLAPP motion was properly denied because underlying activity, which was never before heard in official proceedings, was not ‘protected activity.’ |
Civil Procedure |
|
Mar. 10, 2008 | |
06-35148
|
Lussier v. Dollar Tree Stores Inc.
Court properly denies plaintiffs attorney fees where defendant's arguments for removal to federal court are reasonable. |
Civil Procedure |
|
Mar. 10, 2008 | |
G036774
|
Goodman v. Lozano
Defendants who pay nothing despite adverse judgment are properly named ‘prevailing party’ for purposes of awarding costs and attorney fees. |
Civil Procedure |
|
Mar. 10, 2008 | |
08-55054
|
Natural Resources Defense Council Inc. v. Winter
Preliminary injunction is appropriate where mitigation measures permit Navy's 'SOCAL exercises' so long as safeguards are implemented to protect environment. |
Civil Procedure |
|
Mar. 6, 2008 |