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Name Category Published
Martinez v. Ford Motor Co.
Party may not establish grounds for forum non-conveniens motion by using California court for discovery that could not have been obtained in Mexico. 		Civil Procedure May 28, 2010
Adolph v. Coastal Auto Sales Inc.
Party waives right to compel arbitration where actions taken are inconsistent with intent to arbitrate and cause prejudice to opposing party. 		Civil Procedure May 27, 2010
Barnett v. First National Insurance Co. of America
Defendant is not entitled to expert witness fees from plaintiffs where joint settlement offer under Code of Civil Procedure Section 998 is invalid. 		Civil Procedure May 27, 2010
Sneller v. City of Bainbridge Island
Sanctions order under Federal Rule of Civil Procedure 11 is improper where plaintiffs moved to amend their complaint within 21-day safe harbor period. 		Civil Procedure May 26, 2010
Arguelles-Romero v. Superior Court (AmeriCredit Financial Services Inc.)
Court must consider class action waiver validity under tests for unconscionability as well as preferable means to vindicate statutory rights. 		Civil Procedure May 23, 2010
State Compensation Insurance Fund v. Superior Court (Onvoi Business Solutions Inc.)
Summary adjudication based on original complaint is improper where amended complaint raises triable issues of fact. 		Civil Procedure May 23, 2010
Arguelles-Romero v. Superior Court (AmeriCredit Financial Services Inc.)
Court must consider class action waiver validity under tests for unconscionability as well as preferable means to vindicate statutory rights. 		Civil Procedure May 16, 2010
Yassin v. Solis
Civil Code Section 3260(g) does not allow recovery of attorney fees in construction cases where there is no retention of amount owing. 		Civil Procedure May 10, 2010
Rossa v. D.L. Falk Construction Inc.
Interest paid on sums borrowed to find letter of credit securing undertaking is not recoverable as ‘cost to procure surety bond.’ 		Civil Procedure May 7, 2010
Tate v. Wilburn
Order denying motion for reconsideration is not appealable under Code of Civil Procedure Section 1008(b). 		Civil Procedure Apr. 30, 2010
Serrano v. Stefan Merli Plastering Co. Inc.
Plaintiffs are not entitled to attorney fees where litigation over deposition reporter fees did not clarify important public right that was infringed. 		Civil Procedure Apr. 30, 2010
Dukes v. Wal-Mart Inc.
District court properly certifies class where court made findings by looking beyond pleadings and avoiding unnecessary overlap with questions of merit. 		Civil Procedure Apr. 28, 2010
Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
Arbitration panel exceeds powers by imposing own policy choice instead of identifying and applying applicable law. 		Civil Procedure Apr. 28, 2010
Primiano v. Cook
Medical testimony is admissible under 'Daubert' based on expert's background, experience and explanation of opinion. 		Civil Procedure Apr. 28, 2010
McGuigan v. City of San Diego
Parties are not 'opposing parties' where former defendant joined former plaintiff in defending against third party following settlement agreement. 		Civil Procedure Apr. 28, 2010
Shalant v. Girardi
Prefiling order requirement for vexatious litigant only applies to initiation of lawsuit, not prosecution of litigation. 		Civil Procedure Apr. 26, 2010
United States ex rel. Haight v. Catholic Healthcare West
Supreme Court decision, which set False Claims Act filing deadline at 30 days, retroactively applies to appeals filing, rendering it untimely. 		Civil Procedure Apr. 22, 2010
United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union AFL-CIO CLC v. Shell Oil Co.
Failure to certify class does not defeat federal jurisdiction under Class Action Fairness Act. 		Civil Procedure Apr. 22, 2010
Wallace v. GEICO General Insurance Co.
Insurer’s offer of compensation to insured after she filed her lawsuit does not cause insured to lose standing as representative plaintiff. 		Civil Procedure Apr. 21, 2010
D.C. v. R.R.
Web site message threatening physical harm because of teenager’s perceived sexual orientation is not protected from hate crime claim by anti-SLAPP motion. 		Civil Procedure Apr. 12, 2010
MHC Financing Limited Partnership Two v. City of Santee
Plaintiff may not collect monetary damages for City’s violation of right to petition. 		Civil Procedure Apr. 12, 2010
Swahn Group Inc. v. Segal
Judicial estoppel does not apply where party’s first of two potentially conflicting positions was not successfully asserted and adopted by court. 		Civil Procedure Apr. 9, 2010
Arenas v. El Torito Restaurants Inc.
Trial court has discretion to make ultimate merits determination that prevents class certification. 		Civil Procedure Apr. 8, 2010
McGuigan v. City of San Diego
Parties are not 'opposing parties' where former defendant joined former plaintiff in defending against third party following settlement agreement. 		Civil Procedure Apr. 7, 2010
Shalant v. Girardi
Prefiling order requirement for vexatious litigant only applies to initiation of lawsuit, not prosecution of litigation. 		Civil Procedure Apr. 6, 2010
Smith v. Adventist Health System/West
Preliminary injunction is valid without bond where defendant impliedly waived bond requirement by not objecting in writing or at hearing. 		Civil Procedure Apr. 5, 2010
Goodman v. Lozano
Plaintiffs are not prevailing parties where they took nothing against nonsettling defendants due to offset by amount received from settling defendants. 		Civil Procedure Apr. 1, 2010
Fullerton Redevelopment Agency v. Southern California Gas Co.
Good faith settlement agreement bars claims under Health and Safety Code Section 25363 for contribution or indemnity by joint tortfeasor. 		Civil Procedure Apr. 1, 2010
Shady Grove Orthopedic Associates P.A. v. Allstate Insurance Co.
Authorized by Rules Enabling Act, Federal Rule addressing procedure, specifically class action certifiability, controls over similar New York law. 		Civil Procedure Apr. 1, 2010
Geographic Expeditions Inc. v. Estate of Lhotka
Mount Kilimanjaro climber’s death could result in damages exceeding $75,000, which is sufficient for district court subject matter jurisdiction. 		Civil Procedure Apr. 1, 2010
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