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Securities and Exchange Commission v. Internet Solutions for Business
To vacate prior entry of default judgment, defendant who was aware of prior proceeding against him bears burden of proving service never occurred. 		Civil Procedure Dec. 11, 2007
Dukes v. Wal-Mart Inc.
Court did not abuse its discretion when it certified class in Wal-Mart sex discrimination case. 		Civil Procedure Dec. 11, 2007
Nielsen v. Beck
Former attorney's advice to client about 'same subject matter' after substitution presents triable issue tolling statute of limitations for malpractice action. 		Civil Procedure Dec. 10, 2007
Morton v. Wagner
Denial of motion for reconsideration is not appealable, but filing of appeal and other unsuccessful motions are insufficient to designate litigant as vexatious. 		Civil Procedure Dec. 9, 2007
City of Long Beach v. Stevedoring Services of America
Award of costs to prevailing party is proper even though action was dismissed based on mootness. 		Civil Procedure Dec. 5, 2007
Trujillo v. First American Registry Inc.
Party opposing summary judgment must show that matters alleged raise triable question of fact that is sufficient to entitle opposing party to judgment. 		Civil Procedure Dec. 4, 2007
Hossain v. Hossain
Code of Civil Procedure Section 473(b) applies when ‘mistake, inadvertence, surprise or neglect’ leads to default, but not ‘procedural equivalent’ of default. 		Civil Procedure Dec. 2, 2007
Sekiya v. Gates
Appeal is dismissed where appellant's brief is so deficient that court is compelled to strike it in its entirety. 		Civil Procedure Nov. 29, 2007
Panoutsopoulos v. Chambliss
Plaintiff has no civil conspiracy claim against opponents' attorneys who go 'beyond representative capacity' but cause no actionable harm. 		Civil Procedure Nov. 29, 2007
Midland Pacific Building Corp. v. King
If plaintiff’s action arises from defendant’s protected activity, but plaintiff demonstrates probability of prevailing on its claim, defendant’s anti-SLAPP motion is properly denied. 		Civil Procedure Nov. 28, 2007
Swayne v. Torrance Care Center West Inc.
Failure of skilled nursing facility’s contract to ‘prominently display’ statutorily mandated advisory regarding arbitration is fatal to enforcement of agreement. 		Civil Procedure Nov. 27, 2007
Engle v. Copenbarger and Copenbarger
Party who secures recovery by accepting statutory offer is entitled to attorney costs and fees unless expressly excluded in offer to compromise. 		Civil Procedure Nov. 27, 2007
Summers v. Delta Air Lines Inc.
Judgment as matter of law may not be based on grounds neither party addressed, nor on testimony given through offer of proof. 		Civil Procedure Nov. 27, 2007
Nascimento v. Dummer
Because appellate court never obtains jurisdiction over non-appealable orders, district court need not wait for mandate to issue before it acts. 		Civil Procedure Nov. 25, 2007
Carl v. Superior Court (Coast Community College District)
‘Notice of unavailability’ purportedly filed pursuant to <EM>Tenderloin Housing Clinic, Inc. v. Sparks </EM> is fictional, non-fileable document. 		Civil Procedure Nov. 25, 2007
Brumley v. FDCC California Inc.
Heirs’ wrongful death and loss of consortium claims do not relate back to decedent’s personal injury claims arising from his fatal injury. 		Civil Procedure Nov. 20, 2007
Guimaraes v. Northrop Grumman Corp.
10-year limitations period applies to Brazilian lawyer's action seeking enforcement of foreign judgment. 		Civil Procedure Nov. 20, 2007
Harrington-Wisely v. State of California
Stipulated judgment that fails to resolve all claims between parties may not be appealed. 		Civil Procedure Nov. 20, 2007
Garretson v. Post
Trial court correctly found nonjudicial foreclosure proceedings were not constitutionally protected activity under anti-SLAPP statute. 		Civil Procedure Nov. 20, 2007
Gardner v. UICI
In removal case, fees are erroneously awarded to plaintiff where reasonable defendant could have deemed federal court to be proper forum. 		Civil Procedure Nov. 19, 2007
Calderon v. IBEW Local 47
Judge improperly dismisses case where plaintiff's counsel did not appear at hearing because he did not see notice sent only via email. 		Civil Procedure Nov. 13, 2007
Morton v. Wagner
Denial of motion for reconsideration is not appealable, but filing of appeal and other unsuccessful motions are insufficient to designate litigant as vexatious. 		Civil Procedure Nov. 8, 2007
U.S. v. Sherburne
Grant of attorney fees is improper where government's prosecution of wire fraud based on excluded admission incriminating defendant was not 'vexatious.' 		Civil Procedure Nov. 6, 2007
Doe v. City of Los Angeles
Lapsed limitations period is not extended for childhood sexual abuse victims who fail to allege defendants' knowledge of officer's past unlawful conduct. 		Civil Procedure Nov. 1, 2007
Guimaraes v. Northrop Grumman Corp.
10-year limitations period applies to Brazilian lawyer's action seeking enforcement of foreign judgment. 		Civil Procedure Oct. 31, 2007
Segal v. Silberstein
In case involving real estate acquisition and development joint venture, operating agreements of parties' business entities require arbitration. 		Civil Procedure Oct. 29, 2007
Lewis v. Robinson Ford Sales Inc.
Court improperly denies certification to ascertainable class whose members share issues with representative alleging violation of Automobile Sales Finance Act. 		Civil Procedure Oct. 24, 2007
Holcomb v. Wells Fargo Bank
Depositor who relies on manager's assurance to write checks against dishonored deposit properly alleges negligent misrepresentation, not breach of contract or negligence. 		Civil Procedure Oct. 23, 2007
Buckland v. Threshold Enterprises
Executive director of California Women's Law Center lacks standing to pursue claims against defendants who sell lotions allegedly mislabeled. 		Civil Procedure Oct. 23, 2007
Brumley v. FDCC California Inc.
Heirs’ wrongful death and loss of consortium claims do not relate back to decedent’s personal injury claims arising from his fatal injury. 		Civil Procedure Oct. 23, 2007
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