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Tun v. Wells Fargo Dealer Services
Offer of tender and deposit with court by defendant not admission of guilt or liability under Civil Code Section 2983.4.
Civil Procedure Nov. 7, 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 Nov. 6, 2016
Brown v. Rawson-Neal Psychiatric Hospital
Appellate court declines to exercise discretion to consider psychiatric patient's appeal over dismissal of federal claims against Nevada hospital on grounds of waiver.
Civil Procedure Nov. 6, 2016
Strasner v. Touchstone Wireless Repair and Logistics LP
Texas employee's posting of plaintiff's private photo on Facebook account with numerous California 'friends' does not establish specific jurisdiction.
Civil Procedure Nov. 6, 2016
1Drexler v. Petersen
Disputed issues of material fact regarding whether plaintiff discovered injury relating to undiagnosed brain tumor within statute of limitations requires reversal of summary judgment in doctors' favor.
Civil Procedure Nov. 1, 2016
Bigler-Engler v. Breg, Inc.
Noneconomic damages award suggests prejudiced motivation on jury's part due to inflammatory remarks made by plaintiff's counsel.
Civil Procedure Oct. 30, 2016
Wolf Metals Inc. v. Rand Pacific Sales Inc.
In case involving default judgment, debtor-company's president improperly named as additional judgment debtor based on 'alter ego' theory.
Civil Procedure Oct. 26, 2016
Mealing v. Diane Harkey for Board of Equalization 2014
Creditor seeking to collect judgment may not obtain restraining order barring payments to judgment debtor's wife where wife is not 'judgment debtor' under statute.
Civil Procedure Oct. 25, 2016
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction.
Civil Procedure Oct. 23, 2016
Nava v. Saddleback Memorial Medical Center
Negligence action brought by patient who fell off gurney while at hospital properly barred as untimely, where one-year, rather than two-year, statute of limitations applies.
Civil Procedure Oct. 19, 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 Oct. 19, 2016
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district.
Civil Procedure Oct. 19, 2016
Huang v. Bicycle Casino, Inc
Shuttle operated for select casino patrons may be subject to higher duty of care owed by operators of 'common carriers' in suit stemming from injury caused during boarding.
Civil Procedure Oct. 19, 2016
Nguyen v. Applied Medical Resources Corp
'Sandquist' requires arbitrator, not court, to decide availability of class arbitration, where employment contract is ambiguous on the question.
Civil Procedure Oct. 17, 2016
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district.
Civil Procedure Oct. 13, 2016
Verio Healthcare Inc. v. Superior Court (SG Homecare Inc.)
Defendants, represented by legislator-attorney, not entitled to stay of litigation where statutes permitting such stays for legislator-attorneys are unconstitutional to the extent they mandate stay.
Civil Procedure Oct. 13, 2016
GoTek Energy Inc. v. SoCal IP Law Group LLP
Law firm escapes malpractice action relating to failure to timely file patent applications due to client's failure to comply with statute of limitations.
Civil Procedure Oct. 12, 2016
Markow v. Rosner
Independently contracted doctor not 'ostensible agent' of Cedars-Sinai, protecting hospital fault in negligence and loss of consortium claim.
Civil Procedure Oct. 5, 2016
Wertheim LLC v. Omidvar
Lender's attempt to allocate fees paid to interpleaders properly denied where other party had colorable claim in underlying action.
Civil Procedure Oct. 2, 2016
Doe v. Superior Court (Nikolay)
In Civil Code Section 1708.85 action, inadvertent disclosure of John Doe's true name on court website does not obviate the need to refer to him by a pseudonym.
Civil Procedure Oct. 2, 2016
Licudine v. Cedars-Sinai Medical Center
Economic damages unsupported by evidence calls for new trial as trial court's ruling on statistic regarding possible future earning for plaintiff excluded at close of evidence.
Civil Procedure Oct. 2, 2016
City of San Diego v. San Diegans for Open Government
Corporation that files answer in validation action knowing it is a suspended corporation is not entitled to attorney fees under Code of Civil Procedure section 1021.5.
Civil Procedure Sep. 22, 2016
Rothstein v. Superior Court (Peymaneh Rothstein)
Peremptory challenge to judge brought under Code of Civil Procedure section 170.6 in case related to earlier-filed case does not require transfer of both cases.
Civil Procedure Sep. 19, 2016
In re Tract Gut, LLC
Procedural safeguards that attend state tax sales of repossessed properties make dismissal without leave to amend proper, where bankruptcy complainant's lone contention was that the received price was too low.
Civil Procedure Sep. 8, 2016
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction.
Civil Procedure Sep. 7, 2016
Minick v. City of Petaluma
Motion for discretionary relief from judgment affirmed under Code of Civil Procedure section 473(b) on grounds of excusable neglect due to attorney's cognitive impairment.
Civil Procedure Sep. 6, 2016
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
Bristol-Myers' substantive operations in California sufficient to confer specific jurisdiction, allowing nonresidents to pursue products liability claims involving the drug Plavix.
Civil Procedure Aug. 29, 2016
Akina v. State of Hawaii
Changed circumstances surrounding Native Hawaiians' efforts to pursue self-governance moots Hawaiian residents' appeal over failed injunction request that sought to thwart such efforts.
Civil Procedure Aug. 29, 2016
Randall v. Mousseau
Court abuses discretion in denying plaintiff's motion for a settled statement and consequently, her right to appeal, but failure to seek timely review renders issue forfeited.
Civil Procedure Aug. 24, 2016
Polo v. Innoventions International LLC
Upon determining it lacks jurisdiction, district court should remand, rather than dismiss, putative class action to state court.
Civil Procedure Aug. 18, 2016