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Parker v. Wolters Kluwer United States Inc.
Terminating sanctions in favor of party who did not propound discovery is proper only if party suffered detriment caused by sanctioned party's misconduct. 		Civil Procedure Apr. 4, 2007
Kim v. Euromotors West/The Auto Gallery
Where plaintiff obtained net monetary recovery pursuant to settlement agreement, court must decide whether he is prevailing party entitled to attorney fees. 		Civil Procedure Apr. 3, 2007
Walsh v. IKON Office Solutions Inc.
Order decertifying subclass is proper where work varied among account managers responsible for company sales. 		Civil Procedure Apr. 2, 2007
Paniagua v. Orange County Fire Authority
Plaintiff's attempt to amend his complaint to name additional defendants in action he previously dismissed does not commence action against additional defendants. 		Civil Procedure Mar. 30, 2007
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Employee was required to set aside employer's decision in writ of mandate proceeding as prerequisite to filing civil tort action. 		Civil Procedure Mar. 30, 2007
Delay v. Gordon (United States of America)
Where plaintiff seeks amended judgment, new claim cannot be asserted against United States, which was not party to original judgment. 		Civil Procedure Mar. 29, 2007
Paulson v. City of San Diego
Court's order to enforce injunction under California constitutional authority was moot where federal legislative taking divested city of interest in war memorial. 		Civil Procedure Mar. 29, 2007
Myers v. Trendwest Resorts Inc.
Employer is not entitled to summary judgment on sexual harassment claims where supervisor's behavior and scope of employment are triable issues of fact. 		Civil Procedure Mar. 29, 2007
Lezama-Carino v. Miller
Appeal from custody order is timely filed where father established he submitted notice of appeal to court on date it was due. 		Civil Procedure Mar. 29, 2007
Estate of Drummond
Prevailing party determination for purposes of fee award may not be based on interim procedural victory, but only final resolution of contract claims. 		Civil Procedure Mar. 29, 2007
Citizens for Open Government v. City of Lodi (Browman Development Co.)
Non-profit group objecting to approval of use permit to develop shopping center satisfies purposes of exhaustion of administrative remedies doctrine. 		Civil Procedure Mar. 28, 2007
Holbrook v. City of Santa Monica
City councilmen lack standing to pursue claims regarding duration of council meetings, and thus their claims cannot survive anti-SLAPP motion. 		Civil Procedure Mar. 28, 2007
Hilton K. v. Greenbaum
Financial discovery rulings in consolidated lawsuits were inadmissible in present cases and not entitled to preclusive effect. 		Civil Procedure Mar. 28, 2007
Morris v. AGFA Corp.
In wrongful death suit, California is inconvenient forum where decedent's family and witnesses are in Texas. 		Civil Procedure Mar. 28, 2007
Matera v. McLeod
Where trial court vacated ruling upon reconsideration and effectively reinstated judgment, time to appeal judgment began to run when judgment was reinstated. 		Civil Procedure Mar. 28, 2007
Doe v. Luster
Interlocutory order awarding or denying attorney fees under anti-SLAPP statute is not immediately appealable. 		Civil Procedure Mar. 28, 2007
Lehman v. Superior Court (Zamora)
Statute of limitations for liability 'created by law' did not apply to breach of fiduciary duty claim brought by directors of corporation. 		Civil Procedure Mar. 28, 2007
Reedy v. Bussell
If party does not specify damages sought for terminating sanctions, but requests discovery sanctions as alternatives, court may consider such alternative sanctions. 		Civil Procedure Mar. 28, 2007
Thornton v. Career Training Center Inc.
Private party bringing representative action under unfair competition law must meet specific standing requirements. 		Civil Procedure Mar. 27, 2007
Burnete v. La Casa Dana Apartments
Motion to set aside judgment is properly denied where litigant cannot assert he made mistake in deciding to represent himself at trial. 		Civil Procedure Mar. 27, 2007
Mansour v. Degas
Court properly refuses to set aside dismissal order where counsel moves to vacate more than 10 months after receiving notice. 		Civil Procedure Mar. 26, 2007
Marcey v. Romero
Costs for expert witness fees are properly taxed where prevailing party revokes settlement offer before statutory expiration. 		Civil Procedure Mar. 26, 2007
Employee Painters' Trust v. Ethan Enterprises Inc.
Default judgment is proper where defendant corporation is not represented by counsel and officers fail to answer amended complaint. 		Civil Procedure Mar. 23, 2007
McAtee v. Capital One F.S.B.
Under Class Action Fairness Act, substitution of named defendant for Doe defendant does not 'commence' civil action against newly named defendant. 		Civil Procedure Mar. 23, 2007
Shepard v. Edward Mackay Enterprises Inc.
Federal Arbitration Act pre-empts state law permitting plaintiff to avoid arbitration if dispute arose from transaction involving interstate commerce. 		Civil Procedure Mar. 23, 2007
Bivens v. Gallery Corp.
Proposition 64 negates plaintiff's standing to pursue his claims under California's Unfair Competition Law and False Advertising Act. 		Civil Procedure Mar. 22, 2007
Bivens v. Corel Corp.
Proposition 64 extinguished plaintiff's right to bring his claims on behalf of general public. 		Civil Procedure Mar. 22, 2007
Lytwyn v. Fry's Electronics Inc.
Proposition 64 requires judgment on pleadings in favor of defendant regarding plaintiff's representative claims on behalf on general public. 		Civil Procedure Mar. 22, 2007
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Member organization comprised of individually owned hotels may not be held liable for alleged Proposition 65 violations by members. 		Civil Procedure Mar. 22, 2007
Van Horn v. Watson
Summary judgment is not appropriate where disputed facts exist as to friend's negligence and whether emergency 'rescue' increased passenger's risk of harm. 		Civil Procedure Mar. 22, 2007
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