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Doe v. Roman Catholic Archbishop of Los Angeles
Order sustaining demurrer in favor of Catholic church reversed and case remanded to allow plaintiffs, alleged sexual abuse victims, to plead claims under tolling statute.
Civil Procedure May 30, 2016
People ex rel. Harris v. Delta Air Lines
Airline Deregulation Act preempts California's Online Privacy Protection Act of 2003, as state statute's requirement of certain information from airline operators could have bearing on fares and services.
Civil Procedure May 25, 2016
Farkas v. Williams
Civil Service Reform Act precludes naval golf instructor's 'Bivens' claim alleging retaliation for whistleblowing and unconstitutional seizure of his personal effects during on-base interview.
Civil Procedure May 24, 2016
Charton v. Harkey
Defendant, a prevailing party, wins reversal of court's order reducing across-the-board costs based on number of jointly represented defendants.
Civil Procedure May 24, 2016
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes.
Civil Procedure May 23, 2016
Lopez v. Sony Electronics Inc.
Summary judgment properly granted for defendant in action alleging birth defects due to chemical exposure where action barred under six-year statute of limitations.
Civil Procedure May 16, 2016
John v. Superior Court (Chan)
Self-represented defendant, who had been declared a vexatious litigant and subject to a pre-filing order, need not obtain leave of court before appealing adverse judgment.
Civil Procedure May 6, 2016
Allen v. Boeing Co.
Case properly remanded to state court where plaintiffs' complaint forms sufficient basis to invoke local controversy exception under Class Action Fairness Act.
Civil Procedure May 6, 2016
Hawkins v. SunTrust Bank
Court correctly rules that wrongful foreclosure action alleging improper service barred by res judicata arising from South Carolina judicial foreclosure judgment.
Civil Procedure May 5, 2016
J-M Manufacturing Co. Inc. v. Phillips & Cohen LLP
Pipe manufacturer's defamation and trade libel claims over challenged press release fails where press release constituted a fair and true reporting of jury's verdict.
Civil Procedure May 4, 2016
Hearn Pacific Corp. v. Second Generation Roofing Inc.
Trial court erred in refusing to allow litigant to name assignee and real party in interest as judgment creditor; assignee, therefore, cannot evade liability.
Civil Procedure May 4, 2016
Patel v. Crown Diamonds Inc.
Res judicata does not preclude victim's subsequent fraud action against company and its owners despite victim's prior adversary action opposing co-owner's personal bankruptcy petition.
Civil Procedure May 3, 2016
Li v. Yan
In case brought by former client, attorney judgment debtor's contentions regarding service of subpoena and privilege as to tax returns rejected.
Civil Procedure May 3, 2016
Goodrich v. Sierra Vista Regional Medical Center
Doctor challenging hospital's decision to terminate her from medical staff properly deemed a vexatious litigant after repeated filing of unsubstantiated motions.
Civil Procedure Apr. 28, 2016
Sanford v. Rasnick
Reversal and remand result, in part, from court's failure to hold Code of Civil Procedure Section 998 offer invalid for improperly requesting settlement agreement.
Civil Procedure Apr. 27, 2016
Espejo v. Southern California Permanente Medical Group
Erroneous exclusion, as untimely, of declaration establishing existence of agreement to arbitrate results in reversal of denial of petition to compel arbitration and remand.
Civil Procedure Apr. 26, 2016
Lopez v. Watchtower Bible and Tract Society of New York Inc.
Trial court lacked authority to issue terminating sanctions due to noncompliance with discovery order compelling production of 'managing agent' that turned out to be invalid.
Civil Procedure Apr. 18, 2016
Tibble v. Edison International
Retirement plan beneficiaries that successfully revived ERISA claim from statute of limitations ruling nevertheless lose on remand due to forfeited ongoing-duty-to-monitor claim.
Civil Procedure Apr. 14, 2016
Vanacore and Associates, Inc. v. Rosenfeld
Asset recovery agreement pertaining to stock set to escheat invalid because entered into between holder's report of unclaimed stock and Controller's notice of escheat.
Civil Procedure Apr. 12, 2016
Jones v. Superior Court (People)
Petitioners successful in reinstating peremptory challenges to disqualify judge where judge denies challenges based on erroneous filing deadline.
Civil Procedure Apr. 11, 2016
In re Orange, S.A.
Petition for writ of mandamus based on forum non conveniens denied where claims not governed by nondisclosure agreement specifying French law and forum.
Civil Procedure Apr. 11, 2016
Baughn v. Dept. of Forestry
Letter from fired employee's former fire chief to employee's new chief, which caused employee's termination, is not protected activity relating to public issue under anti-SLAPP statute.
Civil Procedure Apr. 7, 2016
Hawkins v. SunTrust Bank
Court correctly rules that wrongful foreclosure action alleging improper service barred by res judicata arising from South Carolina judicial foreclosure judgment.
Civil Procedure Apr. 7, 2016
Scheer v. Kelly
Attorney's facial challenge to State Bar's disciplinary provision enacted in 1991 not time-barred by 9th Circuit ruling applying 2-year limitations period in Takings-Clause-related cases; yet claim fails on merits.
Civil Procedure Apr. 5, 2016
Kirchmeyer v. Phillips
Medical Board cannot compel production of patient's treatment records in investigating psychiatrist accused of engaging in inappropriate sexual relations with patient.
Civil Procedure Mar. 30, 2016
Rubenstein v. Doe 1
Victim's action against public entity is timely though filed years after the occurrence of alleged sexual abuse by high school coach.
Civil Procedure Mar. 24, 2016
Schermer v. Tatum
Denial of class certification affirmed where there is no reasonable possibility plaintiffs can satisfy community of interest requirement for class certification.
Civil Procedure Mar. 21, 2016
Tenet Healthsystem Desert Inc. v. Blue Cross of California
Hospital's detailed allegations of fraud and misrepresentation claims against Anthem Blue Cross improperly dismissed via demurrer.
Civil Procedure Mar. 18, 2016
Hernandez v. Restoration Hardware Inc.
Class member who appeared, but did not otherwise take any steps to become named party in consumer class action, lacks standing to appeal judgment.
Civil Procedure Mar. 15, 2016
deSaulles v. Community Hospital of the Monterey Peninsula
Party who agreed to dismiss claims in exchange for monetary settlement is prevailing party for purposes of awarding mandatory costs under California Code of Civil Procedure Section 1032(a)(4).
Civil Procedure Mar. 11, 2016