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Blauser v. Dubin
Addition of trial court's signature with "it is so ordered," did not transform order granting nonsuit into an appealable order.
Civil Procedure 4DCA/3 Nov. 21, 2024
Shenefield v. Kovtun
Failure to raise a CCP Section 340.6 statute of limitations defense resulted in waiver and thus could not form the basis for defendant's post-judgment appeal.
Civil Procedure 4DCA/1 Nov. 21, 2024
In re: Klin v. Cloudera Inc.
Plaintiff's failure to adequately plead definitions concerning "cloud-native" offerings warranted dismissal of securities fraud action.
Securities, Civil Procedure 9th Nov. 20, 2024
California Capital Insurance Co. v. Hoehn
California Supreme Court invalidated the judicially created two-year limit to bring CCP Section 473(d) motions to set aside judgments not void on their face.
Civil Procedure CASC Nov. 19, 2024
The Comedy Store v. Moss Adams LLP
Trial court erred in enforcing agreement's forum selection clause when it assigned the burden of proof to the non-moving party.
Civil Procedure, Contracts 2DCA/4 Nov. 18, 2024
People v. Experian Data Corp.
The discovery rule may apply to delay the accrual of non-fraud civil enforcement actions by the City Attorney pursuant to the unfair competition law.
Civil Procedure 4DCA/3 Nov. 18, 2024
LCPFV LLC v. Somatdary Inc.
Trial court properly refused to award excessive fees and damages during default judgment process to plaintiff that ramped up legal activity after notice defendant would not participate in proceedings.
Civil Procedure, Remedies 2DCA/8 Nov. 15, 2024
Robles v. City of Ontario
Plaintiffs had right to seek additional attorney fees incurred while seeking enforcement of stipulated judgment because the plain language of their agreement so provided.
Civil Procedure, Contracts 4DCA/3 Nov. 8, 2024
Sweet v. Everglades College Inc.
A settlement agreement listing universities for whom student borrowers were entitled to presumptive relief based on strong indicia of misconduct caused reputational damage and was sufficient for Article III standing.
Civil Procedure 9th Nov. 6, 2024
Haidet v. Del Mar Woods Homeowners Assn.
No continued right to voluntary dismissal without prejudice after amending complaint to omit a defendant; instead, the trial court has discretion to dismiss with prejudice upon motion by either party.
Civil Procedure 4DCA/1 Nov. 6, 2024
Nerio Mejia v. O'Malley
Claimant who established eligibility for fee award under Equal Access to Justice Act was entitled to recover reasonable fee for work on related issues the district court declined to reach.
Civil Procedure 9th Nov. 5, 2024
In re M.T.
Request to seal entire record should have been granted because requestor's safety and privacy interests in concealing her transgender identity overcame the public's right of access.
Civil Procedure 5DCA Oct. 31, 2024
Vaghashia v. Vaghashia
Party was judicially estopped from seeking to vacate settlement agreement that it had previously moved to enforce even though the trial court adopted an adverse interpretation of the agreement.
Civil Procedure, Contracts 2DCA/8 Oct. 30, 2024
Muha v. Experian Information Solutions
Fair Credit Reporting Act plaintiffs lacked standing because they did not allege a concrete injury.
Consumer Law, Civil Procedure 4DCA/3 Oct. 30, 2024
U.S. v. Nasri
Due process required a district court to establish control or constructive control over property in a forfeiture action to exercise in rem jurisdiction over the property.
Civil Procedure 9th Oct. 30, 2024
Alafi v. Cohen
Trial court's failure to issue requested statement of decision was prejudicial error given that it forestalled appropriate appellate review.
Civil Procedure, Business Law 6DCA Oct. 29, 2024
In re Marriage of Shayan
Judgment for attorney fees entered by the family court did not expire until fully satisfied, so writ of execution issued more than 10 years after the judgment's entry was proper.
Family Law, Civil Procedure 2DCA/8 Oct. 29, 2024
North American Title Company v. Superior Court (Cortina)
Statement of disqualification alleging judicial bias must be presented at the earliest practicable opportunity after discovery of facts constituting grounds, and failure to do so is forfeiture of the right.
Judges, Civil Procedure CASC Oct. 29, 2024
CPC Patent Technologies PTY Ltd. v. Apple
District court's order permitting discovery for use in a foreign proceeding was not final and could not be appealed because the order's scope remained undetermined.
Civil Procedure, Patent Law 9th Oct. 25, 2024
Rose Court, LLC v. Select Portfolio Servicing, Inc.
Bankruptcy court properly denied motion to amend under "two-dismissal rule" where plaintiff had previously asserted and voluntarily dismissed proposed claims in previous civil actions.
Civil Procedure, Bankruptcy 9th Oct. 18, 2024
Casun Invest, A.G. v. Ponder
District court did not err in applying Nevada's four-year statute of limitations to unjust enrichment claim concerning a California property and a Nevada LLC.
Civil Procedure, Torts 9th Oct. 16, 2024
Gorobets v. Jaguar Land Rover North America, LLC
Plaintiff's rejection of simultaneous offers to compromise warranted cost shifting where one offer was invalid but the other was valid and the plaintiff failed to achieve a more favorable judgment.
Civil Procedure 2DCA/2 Oct. 14, 2024
Katayama v. Continental Investment Group
Trial court erred in determining that plaintiff's response to requests for admission, including waived objections, failed Code of Civil Procedure Section 2033.220 "substantial compliance" requirement.
Civil Procedure 4DCA/3 Oct. 11, 2024
People v. SanMiguel
No substantial likelihood that peremptory challenge to juror was based on his race where trial court also observed the behaviors proffered as the basis for the challenge.
Criminal Law and Procedure, Civil Procedure 2DCA/6 Oct. 10, 2024
Lathrop v. Thor Motor Coach, Inc.
Burden of showing forum selection clause was unreasonable was improperly placed on consumers rather than party seeking to enforce the clause where consumers' claims involved unwaivable statutory rights.
Consumer Law, Civil Procedure 2DCA/7 Oct. 8, 2024
Bowen v. Energizer Holdings, Inc.
District court erred in determining consumer lacked standing to pursue false advertising claim against sunscreen company where merits and jurisdictional issues were intertwined.
Consumer Law, Civil Procedure 9th Oct. 2, 2024
Gregory v. State of Montana
District court improperly imposed severe evidentiary sanctions against defendants who had not displayed the requisite intent to destroy surveillance footage.
Evidence, Civil Procedure 9th Sep. 30, 2024
Friends of the South Fork Gualala v. Dept. of Forestry & Fire Protection
Trial court did not err in denying application for disability accommodation where numerous continuance accommodations had already been granted and significantly delayed the CEQA lawsuit.
Civil Procedure, Attorneys 1DCA/4 Sep. 30, 2024
Stein v. Kaiser Foundation Health Plan, Inc.
The False Claim Act's first-to-file rule is not jurisdictional.
Government, Civil Procedure 9th Sep. 25, 2024
Corbett v. Transportation Security Administration
Once a Freedom of Information Act suit is properly initiated based on constructive exhaustion, an agency's post-lawsuit response does not require dismissal for failure to exhaust.
Civil Procedure 9th Sep. 11, 2024