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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
Blumberger v. Tilley
30-day window for federal officer removal did not begin for defendant doctor until the Attorney General advised the state court that defendant was not a federal employee for purposes of the Federal Tort Claims Act.
Civil Procedure 9th Sep. 10, 2024
Fox Paine & Co., LLC v. Twin City Fire Insurance Co.
Declaratory relief was not warranted in insurance dispute where the claims were derivative of breach of contract claims.
Insurance, Civil Procedure 1DCA/2 Sep. 9, 2024
Black Lives Matter Los Angeles v. Los Angeles
Black Lives Matter protester class certifications were vacated and remanded where the district court did not rigorously analyze whether three damages classes satisfied the commonality requirement.
Civil Procedure, Civil Rights 9th Sep. 6, 2024
Mendocino Railway v. Ainsworth
District court correctly dismissed railway's action in federal court pursuant to the Colorado River doctrine, where parallel proceedings in state court were underway.
Civil Procedure 9th Aug. 30, 2024
Marroquin v. City of Los Angeles
"Reasonable diligence" is an express requirement to receive relief from judgment under FRCP 60(b)(2), which even the "conclusive" nature of newly discovered evidence cannot excuse.
Civil Procedure 9th Aug. 28, 2024
Modification: Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment.
Civil Procedure CASC Aug. 26, 2024
Amended Opinion: Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof.
Civil Procedure 9th Aug. 26, 2024
Mayes v. American Hallmark Insurance Co.
Notice of removal filed after the defendant had received the complaint but before formal service was timely because the removal statute did not require formal service as a prerequisite.
Civil Procedure 9th Aug. 23, 2024
Miller v. Sawant
Parties seeking to depose expert witnesses were responsible for the experts' reasonable fees incurred during, and in preparation for, the depositions regardless of the ultimate admissibility of their opinions.
Civil Procedure 9th Aug. 23, 2024
City of Los Angeles v. Pricewaterhousecoopers, LLP
Section 2023.030 of the Civil Discovery Act gives courts authority to address egregious forms of misconduct not otherwise addressed by the Act.
Civil Procedure CASC Aug. 23, 2024
Cogan v. Trabucco
Federal action seeking to collaterally attack state court judgement was not barred because the underlying case arose in the bankruptcy court and was within the federal courts' exclusive jurisdiction.
Civil Procedure, Bankruptcy 9th Aug. 22, 2024
Riverside Mining Limited v. Quality Aggregates
Defendant was not entitled to attorneys' fees following plaintiff's voluntary dismissal despite a rejected 998 Offer and a prevailing-party attorneys' fees clause.
Civil Procedure 4DCA/2 Aug. 21, 2024
Cox v. CoinMarketCap Opco, LLC
The Commodity Exchange Act authorizes nationwide service of process independent of its venue requirement.
Civil Procedure 9th Aug. 13, 2024
Greisman v. FCA US, LLC
Defense counsel's on-the-record oral stipulation to settlement terms was sufficient to render the settlement agreement enforceable, so it was not error to enter judgment pursuant to its terms.
Civil Procedure 1DCA/2 Aug. 7, 2024
Turrieta v. Lyft, Inc.
Aggrieved employee asserting claims under Private Attorneys General Act has no personal or representative right to intervene in another aggrieved employee's action asserting overlapping claims.
Employment Law, Civil Procedure CASC Aug. 2, 2024
Ratha v. Rubicon Resources LLC
The Abolish Trafficking Reauthorization Act does not apply to events that occurred before its enactment.
Civil Procedure, Torts 9th Aug. 1, 2024
Medina v. St. George Auto Sales, Inc.
A frequent "check engine" light notification was not necessarily notice of a material defect in a car represented to be in good condition for the purposes of the discovery rule.
Civil Procedure, Consumer Law 4DCA/3 Jul. 30, 2024
EB Holdings II, Inc. v. Illinois National Insurance Co.
District court erred in concluding Nevada law governed where its analysis of the test to determine choice-of-law was based on erroneous facts.
Civil Procedure, Insurance 9th Jul. 30, 2024
Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment.
Civil Procedure, Administrative Agencies CASC Jul. 30, 2024