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Cannara v. Nemeth
Under the Johnson Act, the district court lacked subject matter jurisdiction over a suit that may directly or indirectly affect state-approved utility rates.
Civil Procedure 9th Jan. 3, 2022
Park v. Law Offices of Tracey Buck-Walsh
Shifting third-party's expenses incurred from complying with a subpoena was required by plain language of statute once the expenses incurred were determined to be an undue burden or expense.
Civil Procedure 1DCA/3 Dec. 29, 2021
Aquino v. Superior Court (Scott)
Period for filing petition under Code of Civil Procedure Section 1013(a) begins on date specified on declaration of mailing attached to the order and clerk's use of term "mailed" versus "deposited in the mail" was insignificant.
Civil Procedure 1DCA/5 Dec. 28, 2021
People v. Financial Casualty & Surety
An emergency rule tolling the limitations period for civil actions did not toll the initial appearance period for a bond forfeiture.
Civil Procedure 4DCA/1 Dec. 23, 2021
Marriage of Tamir
A family court abused its discretion in unsealing records because it failed to assess whether the documents at issue were submitted as a basis for adjudication
Civil Procedure 1DCA/1 Dec. 22, 2021
Singman v. IMDB.com, Inc.
Appellant's failure to cite legal authority supporting his appeal was a failure to demonstrate legal error that was fatal to the appeal.
Civil Procedure 2DCA/8 Dec. 22, 2021
Woods v. American Film Institute
Festival volunteers were denied class certification because the need to decide the expectations of individual class members would preclude common issues from predominating.
Civil Procedure 2DCA/2 Dec. 20, 2021
Spahn v. Richards
Where substantial evidence shows that a party denying requests for admissions did not have a reasonable basis to deny it, the requesting party is entitled to costs of proof.
Civil Procedure 1DCA/3 Dec. 1, 2021
Optional Capital v. DAS Corporation
An ambiguous judgment did not include an award for funds that the district court did not have before it in making its final judgment.
Civil Procedure 9th Nov. 22, 2021
Argonaut Insurance v. St. Francis Medical Center
Conditionally pled counterclaims for monetary relief, without more, do not trigger mandatory jurisdiction over declaratory claims.
Civil Procedure 9th Nov. 17, 2021
Modification: Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor.
Civil Procedure 1DCA/5 Nov. 11, 2021
Kremerman v. White
Establishing personal jurisdiction requires strict compliance with statutory requirements regarding service of process.
Civil Procedure 2DCA/8 Nov. 10, 2021
South Coast Air Quality Management Dist. v. City of Los Angeles
Trial court properly denied union's intervention when union's interests were already represented and its involvement would complicate an already complicated case.
Civil Procedure 2DCA/8 Nov. 5, 2021
Williams v. Superior Court (Fautt)
A defendant was entitled to have her case transferred to the county of her residence because a Judicial Council form could not alter the statutory law governing venue.
Civil Procedure 1DCA/1 Nov. 1, 2021
Save Berkeley's Neighborhoods v. The Regents of the University of California
A developer was not an indispensable party because its interests were sufficiently aligned with the university that had commissioned the project.
Civil Procedure 1DCA/1 Oct. 25, 2021
Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor.
Civil Procedure 1DCA/5 Oct. 22, 2021
McKinney-Drobnis v. Oreshack
The trial court erred in finding that vouchers offered as part of a class-action settlement were not "coupons" under the Class Action Fairness Act.
Civil Procedure 9th Oct. 21, 2021
In re Walsh
Mandamus relief was denied because a district court did not commit clear error when it ordered the Secretary of Labor to reveal the identities of informant witnesses by a specified date.
Civil Procedure 9th Oct. 20, 2021
Carachure v. Scott
Because plaintiff's counsel admitted authorization to offer to settle during opening statements, a partial nonsuit on the issue of settlement was proper.
Civil Procedure 4DCA/2 Oct. 8, 2021
Dietrich v. The Boeing Company
Because the grounds for removal were not unequivocally clear until plaintiff served amended discovery responses, defendant's notice of removal was timely.
Civil Procedure 9th Oct. 4, 2021
Findleton v. Coyote Valley Band of Pomo Indians
A party's appeal was dismissed under the disentitlement doctrine because it had repeatedly refused to comply with trial court orders.
Civil Procedure 1DCA/2 Oct. 1, 2021
Lake v. Ohana Military Communities
Because Congress has allowed Hawaii to assert concurrent legislative power over a Marine Corps base, there was no federal question jurisdiction over plaintiffs' state law claims.
Civil Procedure 9th Sep. 28, 2021
Vulk v. State Farm General Ins. Co.
A mere stipulation that facts are "sufficiently similar" to another case considered in the same appeal results in an inadequate record for the court to review the judgment.
Civil Procedure 3DCA Sep. 27, 2021
DotConnectAfrica Trust v. Internet Corp. for Assigned Names and Numbers
Because plaintiff waived its right to sue in court and was declared the prevailing party in arbitration, the trial court did not abuse its discretion in applying judicial estoppel.
Civil Procedure 2DCA/8 Sep. 22, 2021
Lawson v. Grubhub
Because Proposition 22 does not apply retroactively, the prior ABC test applies to claims arising before it was passed.
Civil Procedure 9th Sep. 21, 2021
Finlan v. Chase
Written offers that merely reference Code of Civil Procedure Section 998 without providing specific acceptance instructions are invalid.
Civil Procedure 4DCA/1 Sep. 16, 2021
Los Angeles County Metropolitan Transportation Authority v. Superior Court
Because applications for search warrants are ex parte determinations, they do not foreclose on peremptory challenges under Code of Civil Procedure Section 170.6.
Civil Procedure 2DCA/5 Sep. 15, 2021
Wolstoncroft v. County of Yolo
Reverse validation proceedings may be subject to equitable tolling by parties' agreement.
Civil Procedure 3DCA Sep. 1, 2021
Swenberg v. Dmarcian
Foreign defendant purposefully availed himself to California when he presented himself as a leader of a California corporation and participated in business phone calls regarding day-to-day operations in California.
Civil Procedure 1DCA/2 Sep. 1, 2021
Rozanova v. Uribe
Photocopies of exhibits for a vexatious litigant motion are recoverable under Code of Civil Procedure Section 1033.5(a).
Civil Procedure 6DCA Sep. 1, 2021