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In Re: Ex Parte Application of Gliner
District court abused its discretion in denying discovery request for website operator's name based on First Amendment concerns when it was unclear whether potential defendants were constitutionally protected.
Civil Procedure 9th Apr. 2, 2025
Modification: Montoya v. Superior Court (Fowler)
Burden of proof may be shifted to defendant doctor when the CT scan he delayed in ordering was crucial to establishing medical negligence causation.
Torts, Civil Procedure 4DCA/3 Mar. 31, 2025
Bigfoot Ventures Limited v. Knighton
Plaintiff could not adequately represent shareholders in derivative action that appeared to be waged as leverage in other litigation between the parties.
Civil Procedure, Corporations 9th Mar. 31, 2025
SDVF, LLC V. Cozzia USA LLC
Registered judgment relied on underlying judgment for its enforceability, and vacatur of that underlying judgment meant the registered judgment could not be enforced.
Civil Procedure, Remedies 9th Mar. 27, 2025
Montoya v. Superior Court (Fowler)
Burden of proof may be shifted to defendant doctor when the CT scan he delayed in ordering was crucial to establishing medical negligence causation.
Torts, Civil Procedure 4DCA/3 Mar. 25, 2025
Talbott v. Ghadimi
Client was entitled to mandatory relief from default judgment under Code of Civil Procedure Section 473(b) because the default was caused by his counsel's calculated delay--not his own.
Civil Procedure, Attorneys 2DCA/7 Mar. 20, 2025
Roe v. Critchfield
Because student's facial challenge to Idaho's anti-transgender school bathroom bill was deemed unlikely to succeed on the merits, preliminary injunction was properly denied.
Constitutional Law, Civil Procedure 9th Mar. 21, 2025
Madrigal v. Hyundai Motor America
While CCP 998 sets out a default rule for cost-shifting, parties remain free to agree to their own allocation of costs and fees as part of a settlement agreement.
Civil Procedure CASC Mar. 21, 2025
Modification: Maniago v. Desert Cardiology Consultants' Medical Group
Voluntary dismissal with prejudice was not an appealable final judgment, and it stripped the appellate court of jurisdiction to hear the appeal.
Civil Procedure California Courts of Appeal Mar. 21, 2025
Cahill v. Nike, Inc.
A district court had the power to order the return or destruction of confidential documents that were inadvertently disclosed by another party to an intervenor.
Civil Procedure, Employment Discrimination 9th Mar. 19, 2025
Perez v. Rose Hills Company
Because defendant employer's violation-rate assumption was reasonably based on plaintiff employee's wage-and-hour complaint, it met the Class Action Fairness Act federal jurisdictional amount requirement.
Civil Procedure, Employment Law 9th Mar. 17, 2025
Lake v. Gates (In re Parker and Olsen)
Lead attorneys for Plaintiffs alleging the insufficiency Arizona's voting system were subject to sanctions for filing a baseless complaint.
Attorneys, Civil Procedure 9th Mar. 17, 2025
Kumar v. Koester
Plaintiff's claim that their injury was self-censorship of nondiscriminatory religious conduct out of fear that it could be misinterpreted as discriminatory was insufficient to evidence Free Exercise and other constitutional claim injuries for Article III standing.
Constitutional Law, Civil Procedure 9th Mar. 13, 2025
U.S. v. $1,106,775 in U.S. Currency
Striking claim to return seized currency was not an abuse of discretion where claimant refused to respond to supplemental interrogatories propounded by the government ostensibly seeking to clarify claimant's standing.
Civil Procedure 9th Mar. 12, 2025
California Healthcare & Rehabilitation Center et al. v. Baass et al.
Traditional writ of mandate was an appropriate vehicle for challenges to formula for calculating Medi-Cal reimbursement overpayments.
Civil Procedure, Administrative Agencies 3DCA Mar. 12, 2025
Glickman v. Krolikowski
Discovery referee allocating referee fees unequally did not constitute a "monetary sanctions order" for the purposes of appealability.
Civil Procedure 4DCA/3 Mar. 11, 2025
Uber Technologies, Inc. v. United States Judicial Panel on Multidistrict Litigation
Centralization of litigation was neither legal error nor an abuse of discretion where common issues of fact existed, and centralization was convenient and efficient for the parties and the courts.
Civil Procedure 9th Mar. 11, 2025
Mandell-Brown v. Novo Nordisk Inc.
Failure to provide an opposing statement or any excuse for not doing so was sufficient grounds for granting defendant's summary judgment motion on FEHA and Labor Code claims.
Civil Procedure, Employment Discrimination 2DCA/5 Mar. 10, 2025
Farmers Direct Property and Casualty Insurance Co. v. Montez
The amount in controversy in insurer's action was not controlled by the insurance policy's limit because insurer could be liable for more than that limit.
Civil Procedure, Insurance 9th Mar. 7, 2025
Modification: Wash v. Banda-Wash
Because a remittitur is not served on parties, defendant's motion for her attorney fees and costs was ineligible for statutory extension for service and the request deemed untimely.
Civil Procedure 5DCA Mar. 6, 2025
Politsch v. Metroplaza Partners, LLC
Trial court did not abuse discretion when its decision to vacate default judgment based on Defendant's mistake was well-supported and analyzed.
Civil Procedure 2DCA/8 Mar. 5, 2025
Kim v. New Life Oasis Church
Issue preclusion prevented attorney from relitigating validity of lien on real property securing attorney's fees because he was in privity with party to first litigation that necessarily decided the issue.
Civil Procedure, Attorneys 2DCA/8 Mar. 5, 2025
Moniz v. Adecco USA, Inc.
Private Attorneys General Act plaintiff lacked standing to move to vacate settlement reached in overlapping PAGA action against the same defendant.
Employment Law, Civil Procedure 1DCA/4 Mar. 4, 2025
50 Exchange Terrace LLC v. Mount Vernon Specialty Insurance Co.
Plaintiff lacked standing and ripeness to sue insurer prior to conducting an appraisal required by the parties' insurance policy.
Insurance, Civil Procedure 9th Mar. 4, 2025
Zaragoza v. Adam
Expert declaration concluding that medical negligence defendant acted within the standard of care without providing underlying facts and reasons was insufficient to satisfy defendant's burden at the summary judgment stage.
Torts, Civil Procedure 1DCA/3 Mar. 3, 2025
Maniago v. Desert Cardiology Consultants' Medical Group
Voluntary dismissal with prejudice was not an appealable final judgment, and it stripped the appellate court of jurisdiction to hear the appeal.
Civil Procedure 4DCA/1 Feb. 28, 2025
Cedar Park Assembly of God v. Kreidler
Washington church failed to establish constitutional standing when challenging the state's Reproductive Parity Act's requirements with respect to providing health insurance for employees.
Civil Procedure, Constitutional Law 9th Mar. 7, 2025
Waetzig v. Halliburton Energy Services, Inc.
Because a Federal Rule of Civil Procedure voluntary dismissal with prejudice is a final judgment, courts may reopen such a case under Federal Rule of Civil Procedure 60(b).
Civil Procedure USSC Feb. 27, 2025
Six v. IQ Data International, Inc.
Single letter from debt collector to alleged debtor who was represented by counsel was sufficient for standing to sue under the Fair Debt Collection Practices Act.
Consumer Law, Civil Procedure 9th Feb. 25, 2025
In re: Kirsten v. California Pizza Kitchen Data Breach Litigation
Despite brevity of district court's final class action approval order, because the record supported no procedural error or abuse of discretion, settlement's approval was affirmed.
Civil Procedure 9th Feb. 25, 2025