Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G037335
|
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 | |
B188407
|
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 | |
07-55880
|
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 | |
D048103
|
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 | |
B194487
|
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 | |
A114467
|
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 | |
05-55349
|
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 | |
05-15189
|
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 | |
05-36047
|
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 | |
A112101
|
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 | |
C051868
|
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 | |
H030624
|
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 | |
05-15978
|
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 | |
D049051
|
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 | |
A113318
|
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 | |
B190681
|
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 | |
B190031
|
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 | |
B192862
|
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 | |
C054185
|
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 | |
D050464
|
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 | |
B191812
|
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 | |
C052537
|
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 | |
05-55976
|
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 | |
B192017
|
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 | |
C048984
|
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 | |
04-17494
|
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 | |
D050340
|
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 | |
H030059
|
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 | |
C051868
|
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 | |
A114337
|
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 |