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Philipson & Simon v. Gulsvig
Trial court errs denying anti-SLAPP motion where law firm fails to demonstrate probability of success on claims of fraud and negligent misrepresentation.
Civil Procedure Aug. 22, 2007
Marlin v. Aimco Venezia LLC
SLAPP motion is not proper where terminating tenancy is not activity taken in furtherance of rights of petition or free speech.
Civil Procedure Aug. 19, 2007
Babasa v. LensCrafters Inc.
Notice of removal is untimely where mediation letter sent nearly one year earlier clearly showed damages sought exceeded federal jurisdictional amount.
Civil Procedure Aug. 16, 2007
McGarry v. University of San Diego
Trial court properly strikes former coach's defamation claims based on university official's statements regarding his abrupt termination in newspaper and parent meeting.
Civil Procedure Aug. 15, 2007
Rohde v. Wolf
Attorney's allegedly defamatory messages accusing plaintiff of fraud are protected under anti-SLAPP statute and litigation privilege for purposes of striking plaintiff's complaint.
Civil Procedure Aug. 14, 2007
Totten v. Hill
Complete preemption divests trial court of subject matter jurisdiction over state law claim by trustees of employee benefit plan.
Civil Procedure Aug. 14, 2007
AmerisourceBergen Corp. v. Roden
'Younger' abstention is not proper where district court should have stayed federal suit pending completion of California action.
Civil Procedure Aug. 13, 2007
Giles v. General Motors Acceptance Corp.
District court errs in applying Nevada's preclusion law with respect to contract claims by car dealerships against General Motors.
Civil Procedure Aug. 12, 2007
McElmurry v. U.S. Bank National Association
Collateral order exception does not apply where order denying notice to potential plaintiffs is not 'effectively unreviewable on appeal from final judgment.'
Civil Procedure Aug. 8, 2007
Smith v. Exxon Mobile Oil Corp.
Collateral estoppel improperly applied where absence of expert testimony in prior action deprived oil company of opportunity to defend against asbestos claim.
Civil Procedure Aug. 6, 2007
People ex rel. Brown v. Powerex Corp.
Filed rate doctrine bars Attorney General’s claims challenging energy wholesaler’s malicious conduct during California energy crisis.
Civil Procedure Aug. 6, 2007
E-Fab Inc. v. Accountants Inc. Services
Trial court errs in finding time-barred plaintiff's claims against staffing agency over accountant who embezzled nearly $1 million.
Civil Procedure Aug. 5, 2007
Payan v. Aramark Management Services LP
Title VII action is time-barred where litigant is presumed to receive notice three days from issuance of right-to-sue letter.
Civil Procedure Aug. 2, 2007
Valenzuela v. California State Personnel Board (Dept. of Corrections and Rehabilitation)
Corrections officer's dismissal is not proper where notice prohibiting foreign diet pills was not sufficient for due process purposes.
Civil Procedure Aug. 1, 2007
Chosak v. Alameda County Medical Center
Medical malpractice action is properly dismissed where optometry student is deemed 'health care provider' protected by one-year statute of limitations.
Civil Procedure Jul. 30, 2007
McOwen v. Grossman
Medical malpractice action is not time-barred where amputee was ignorant of facts and theory of liability when he filed complaint.
Civil Procedure Jul. 29, 2007
City of Los Angeles v. Glair
Court lacks jurisdiction to hear time-barred appeal, even if defendant only challenges denial of motion for judgment notwithstanding the verdict.
Civil Procedure Jul. 26, 2007
Societe Civile Succession Richard Guino v. Redstar Corp.
California Court erroneously denies enforcement of French judgment for 3 million francs.
Civil Procedure Jul. 25, 2007
Arias v. Superior Court (Angelo Dairy)
Individual must bring representative claims as class action pursuant to Unfair Competition Law but not Labor Code Private Attorneys General Act.
Civil Procedure Jul. 25, 2007
Wang v. Wal-Mart Real Estate Business Trust
Anti-SLAPP does not apply to Wal-Mart's 'protected' permit activities, which were only incidental to private transaction at heart of seller's complaint.
Civil Procedure Jul. 25, 2007
Advantec Group Inc. v. Edwin's Plumbing Co. Inc.
Answer containing general denial of material allegations sufficiently controverts contractor's allegation of licensure, requiring proof by production of verified certificate.
Civil Procedure Jul. 24, 2007
Rose v. Hudson
Malpractice claim is time-barred where new case law is applied retroactively and does not overrule or disagree with California decisional authority.
Civil Procedure Jul. 24, 2007
Hamilton Materials Inc. v. Dow Chemical Corp.
Fraud claim is time-barred where knowledgeable manufacturer of asbestos products should have been on inquiry notice of its claim.
Civil Procedure Jul. 23, 2007
Midland Pacific Building Corp. v. King
Though lawsuit arose from protected activity, defendants' Anti-SLAPP motion is properly denied because developer showed probability of prevailing on breach of contract claim.
Civil Procedure Jul. 18, 2007
County of Imperial v. Superior Court (State Water Resources Control Board)
Trial court properly dismisses action over water dispute after finding water districts to be indispensable parties.
Civil Procedure Jul. 16, 2007
U.S. Mortgage Inc. v. Saxton
Plaintiffs' claim against defendants over misrepresentation in loans is properly dismissed for failure to state claim in conformity with 'SLUSA'.
Civil Procedure Jul. 15, 2007
Metropolitan Transit System v. Superior Court (Balfour Beatty/Ortiz Enterprises Inc.)
All cross-defendants, including non-resident plaintiff subject to local agency's compulsory cross-complaint, may move to change venue to neutral county.
Civil Procedure Jul. 15, 2007
Lyles v. State of California
Inverse condemnation and nuisance claims are time-barred where property owners do not investigate source of storm damage causing offensive condition.
Civil Procedure Jul. 15, 2007
People ex rel. Brown v. Powerex Corp.
Filed rate doctrine bars Attorney General’s claims challenging energy wholesaler’s malicious conduct during California energy crisis.
Civil Procedure Jul. 12, 2007
Britton v. Dallas Airmotive Inc.
Trial court properly stays California action involving helicopter crash, in favor of litigation in Idaho.
Civil Procedure Jul. 11, 2007