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Elmi v. Related Management Co., L.P.
Code of Civil Procedure Section 998 limits only prejudgment costs and fees--not costs and fees incurred to enforce a judgment.
Civil Procedure 4DCA/3 Feb. 10, 2025
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 Feb. 5, 2025
Hardy v. Forest River, Inc.
Forum selection clause that waived unwaivable rights under Song-Beverly Act was unconscionable and unenforceable, and the clause could neither be rewritten nor properly severed to save the agreement.
Consumer Law, Civil Procedure 2DCA/2 Feb. 4, 2025
Villalva v. Bombardier Mass Transit Corp.
Despite being unsuccessful in their Berman hearings, employees who succeeded with the de novo review of their case in superior court were properly awarded attorney fees.
Employment Law, Civil Procedure 4DCA/1 Jan. 23, 2025
Sheehy v. Chicago Title Insurance Co.
Trial court's order granting motion in limine to preclude attorney's expert testimony was not directly appealable.
Civil Procedure, Evidence 4DCA/3 Jan. 23, 2025
G.P.P., Inc. v. Guardian Protection Products, Inc.
Abandonment of certain claims did not operate as voluntary dismissal for determining the prevailing party because there was no clear and unambiguous expression of an intent to abandon the claims.
Civil Procedure, Contracts 9th Jan. 22, 2025
L.W. v. Audi AG
Trial court had personal jurisdiction over Audi's German-HQ entity under the stream-of-commerce theory.
Civil Procedure, Torts 3DCA Jan. 17, 2025
ParaFi Digital Opportunities v. Egorov
Personal jurisdiction was lacking where there was no evidence in the record that defendant purposefully availed himself of California benefits and instead, plaintiffs sought him out for investment opportunities.
Civil Procedure 1DCA/2 Jan. 17, 2025
Royal Canin U. S. A. v. Wullschleger
A plaintiff's amendment of complaint to remove federal-law claims divests a federal court of jurisdiction.
Civil Procedure USSC Jan. 16, 2025
Pollock v. Kelso
Attorney fee award was reasonable where the parties' conduct and settlement agreement in camera review demonstrated one was the prevailing party.
Civil Procedure 2DCA/8 Jan. 9, 2025
Lazar v. Bishop
Cause of action for real estate broker's breach of fiduciary duty was assignable where the complaint only sought to recover damages related to property and pecuniary interests.
Civil Procedure 2DCA/3 Dec. 23, 2024
Zavala v. Hyundai Motor America
Disagreeing with *Gorobets v. Jaguar Land Rover North America*, simultaneous 998 offers to the same party may be valid to shift costs.
Civil Procedure 4DCA/1 Dec. 18, 2024
Winston v. County of Los Angeles
Trial court erred in denying successful whistleblower retaliation litigant's Labor Code Section 1102.5(j) attorney fees' request when amended provision could be applied retroactively.
Civil Procedure, Employment Law 2DCA/8 Dec. 17, 2024
Maverick Gaming, LLC v. U.S.
District court properly dismissed casino gaming company's action because the Shoalwater Bay Indian Tribe was a required party that could not be joined to the litigation.
Civil Procedure, Native American Affairs 9th Dec. 9, 2024
Modification: 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 Dec. 13, 2024
Bai v. Yip
Instead of dismissing pro se plaintiffs' complaint, trial court should have treated pro se plaintiffs' revised response to defendants' demurrer as an amended complaint.
Civil Procedure 1DCA/3 Dec. 9, 2024
JHVS Group, LLC v. Slate
Trial court's preliminary injunction was void based upon a lack of fundamental jurisdiction over two individual defendants who were never served.
Civil Procedure 5DCA Dec. 4, 2024
Rehearing: Friends of the South Fork Gualala v. Dept. of Forestry & Fire Protection
Trial court did not err in denying seventh disability accommodation request for counsel due to the statutory mandate that CEQA cases be determined quickly.
Civil Procedure, Environmental Law 1DCA/4 Nov. 26, 2024
Slone v. El Centro Regional Medical Center
Appellant's failure to fairly summarize facts in his opening brief resulted in him waiving his claims that insufficient evidence supported the trial court's findings.
Civil Procedure 4DCA/1 Nov. 26, 2024
Ofek Rachel, Ltd. v. Zion
In post-judgment enforcement proceedings, trial courts may impose attorney's fees against a nonparty for failure to comply with the court's order.
Civil Procedure 2DCA/2 Nov. 25, 2024
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