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Ronald F. v. Dept. of Developmental Services (North Los Angeles Regional Center)
Doctrine of res judicata bars appellant's claim for benefits under Lanterman Developmental Disabilities Services Act.
Civil Procedure Feb. 2, 2017
Labertew v. Langmeier
Must be predicate federal judgment upon which to execute if court seeks to apply Federal Rule of Civil Procedure 69.
Civil Procedure Jan. 22, 2017
Kabran v. Sharp Memorial Hospital
Code of Civil Procedure Section 659a does not deprive court of fundamental jurisdiction to consider affidavits submitted after mandatory 30-day statutory deadline.
Civil Procedure Jan. 19, 2017
Lightfoot v. Cendant Mortgage Corp.
Fannie Mae's sue-and-be-sued clause does not grant federal courts original jurisdiction over all cases involving Fannie Mae, warranting reversal of the Ninth Circuit's contrary decision.
Civil Procedure Jan. 18, 2017
Stueve v. Buchalter Nemer
Action filed by heirs to Alta Dena Dairy fortune improperly dismissed under five-year dismissal statute where case was 'brought to trial' within days of deadline.
Civil Procedure Jan. 18, 2017
State of Missouri v. Harris
Possibility of fluctuating egg prices due to California hen care regulations do not give other states 'parens patriae' standing, as affected farmers may sue individually.
Civil Procedure Jan. 17, 2017
Okafor v. United States
Last minute filing of claim to thousands of dollars taken by civil forfeiture does not constitute 'extraordinary circumstance' meriting equitable tolling of filing date.
Civil Procedure Jan. 16, 2017
Bigler-Engler v. Breg, Inc.
Inflammatory rhetoric of plaintiff's attorney comparing defendants in medical malpractice suit to rapists, cattle branders merits reduction of noneconomic damages award by millions of dollars.
Civil Procedure Jan. 8, 2017
Khan v. Shim
Defendant is not prevailing party in breach of contract and torts suit voluntarily dismissed by plaintiff as Civil Code Section 1717 prohibits prevailing party for voluntarily dismissed contract suits.
Civil Procedure Jan. 2, 2017
Integrated Dynamic Solutions Inc. v. VitaVet Labs Inc.
Preliminary injunction that changed status quo properly granted in this 'extreme case' given severe financial harm company would likely suffer absent injunction.
Civil Procedure Dec. 26, 2016
Kase v. Metalclad Insulation Corporation
Navy insulation requirements implicitly requiring use of asbestos-laced product constitute 'reasonably precise specifications' under the government contractor defense.
Civil Procedure Dec. 21, 2016
Tibble v. Edison International
Complaint that breach of duty claims were dismissed due to statute of limitations not forfeited, as argument articulated on both district and appellate level.
Civil Procedure Dec. 18, 2016
Beach Break Equities v. Lowell
Failure to file affirmative action requesting relief after judgment resulting in eviction is reversed does not constitute waiver of right to restitution.
Civil Procedure Dec. 14, 2016
Southern California Gas Co. v. Flannery
Belated interpleader answer lacking factual specificity insufficient to merit trial or summary judgment motion on issues pled.
Civil Procedure Dec. 13, 2016
Facebook v. Vachani
Gathering of information from Facebook accounts violates Computer Fraud and Abuse Act due to Facebook's clear revocation of authorization via cease and desist letter.
Civil Procedure Dec. 11, 2016
State Farm Fire & Casualty Co. v. United States ex rel. Rigby
Violation of the False Claims Act's requirement that a complaint 'shall' be kept under seal does not result in mandatory dismissal of qui tam action.
Civil Procedure Dec. 6, 2016
Gee v. Estate of Jewett
Motion to set aside dismissal due to attorney error is not based on previously denied motion and properly vacated under Code of Civil Procedure 473(b).
Civil Procedure Dec. 6, 2016
Elliott Homes, Inc. v. Superior Court (Hicks)
Homeowners required to serve notice of defect to builder prior to commencing litigation as required by the 'Right to Repair Act.'
Civil Procedure Dec. 4, 2016
ZF Micro Devices v. TAT Capital Partners
Statute of limitations tolling applies to both compulsory and permissive cross-complaints under pre-1971 case law.
Civil Procedure Dec. 1, 2016
Lee v. Rich
Third party purchaser successful in reversing cancellation of sheriff's deed of sale, where execution sale is 'absolute' and homeowner not entitled to equitable redemption.
Civil Procedure Dec. 1, 2016
Foxen v. Carpenter
Amended complaint properly dismissed where client's action against law firm barred by statute of limitations.
Civil Procedure Dec. 1, 2016
LAOSD Asbestos Cases
Jury instruction stating that employers have a non-delegable duty to create a safe workplace did not create special burden for plaintiffs in establishing negligence of third party contractor.
Civil Procedure Nov. 24, 2016
McNair v. City and County of San Francisco
Doctor - who had refused on good cause to certify patient's fitness for commercial driver's license - noticing DMV as to patient's cognitive impairment is protected under litigation privilege from tort claim.
Civil Procedure Nov. 24, 2016
Kase v. Metalclad Insulation Corporation
Navy insulation requirements implicitly requiring use of asbestos-laced product constitute 'reasonably precise specifications' under the government contractor defense.
Civil Procedure Nov. 24, 2016
Gee v. Greyhound Lines Inc.
Motion for set aside of dismissal due to attorney error not motion for reconsideration requiring filing pursuant to Code of Civil Procedure Section 1008.
Civil Procedure Nov. 21, 2016
Robert Ito Farm v. Moms on a Mission Hui
Magistrate judge presiding by consent of parties may make ruling regarding non-consenting intervenor as proposed intervenor not yet party to suit.
Civil Procedure Nov. 20, 2016
M.D. v. Newport-Mesa Unified School District
Motion for relief from judgment erroneously denied where two-day delay in filing amended complaint was excusable under 'Pioneer' factors.
Civil Procedure Nov. 20, 2016
State of Missouri v. Harris
Possibility of fluctuating egg prices due to California hen care regulations do not give other states 'parens patriae' standing, as affected farmers may sue individually.
Civil Procedure Nov. 17, 2016
Thaxton v. State Personnel Board
Dismissed employee's failure to appear at evidentiary hearing before administrative law judge constitutes failure to proceed, meriting dismissal of appeal to State Personnel Board.
Civil Procedure Nov. 16, 2016
Southern California Gas Co. v. Flannery
Belated interpleader answer lacking factual specificity insufficient to merit trial or summary judgment motion on issues pled.
Civil Procedure Nov. 14, 2016