Civil Procedure

A second class action is entitled to American Pipe tolling of the statute of limitations during the pendency of a first class action on the same claim if the first action is dismissed for lack of an adequate class representative and a new named plaintiff is promptly added. Read More

An email exchange between opposing counsel clarified the ambiguity in plaintiff’s 998 offer, making it enforceable when the defendant did not accept the offer and fared worse at trial. Read More

An abstract of judgment filed after the judgment debtor's death does not create a lien on estate property, nor is a criminal restitution judgment creditor entitled to priority of payment from the judgment debtor’s estate. Read More

Elder abuse case was properly remanded—and attorney fees properly awarded against defendant removing party—by the district court after defendant's fraudulent joinder theory was appropriately rejected. Read More

A taxpayer who is not a party to a government contract nevertheless has the standing to seek invalidation of the contract on the ground the public officer letting the contract had a personal interest in it. Read More

Clear error, alone, is insufficient grounds for the Ninth Circuit to issue a writ of mandate; substantial prejudice must also be shown. Read More

Foreign corporations may not be sued as defendants under the Alien Tort Claims Act, 28 USC 1350. Read More

Naruto, the monkey, cannot sue for copyright infringement; the Copyright Act does not grant animals standing. Read More

Judgment in earlier wage & hour class action that employees filed against their staffing company employer barred later suit on the same claims by same employees against the firm where they worked since that firm was the staffing company’s agent with respect to payroll matters. Read More

A derivative action against Google’s executives was properly dismissed as the plaintiff shareholders were on inquiry notice of their claim outside the limitations period. Read More

A trial court did not abuse its discretion in dismissing wage & hour putative class action for failure to bring to trial within five years since pending arbitration did not prevent plaintiff from moving forward with the non-arbitrable pieces of litigation. Read More

After the close of evidence but before submission of briefs in lieu of closing argument, plaintiff was entitled to voluntarily dismiss her complaint, thus avoiding an attorney fee award under Civil Code section 1717. Read More

Plaintiff may amend the original complaint once before answer or demurrer hearing, but leave of court is required for any amendment to an amended complaint. Read More

A limitations period runs from the date plaintiff suffers injury or the date she discovers the facts showing its wrongful cause, whichever is later. Read More

Since website’s data security breach exposed plaintiffs to a substantial risk that hackers will commit identity theft, they had Article III standing to maintain the suit. Read More

The amount in controversy for federal jurisdictional purposes includes all relief, including awards of future damages, that could be awarded to the plaintiff, if successful, on the complaint as it stands on the date of removal. Read More

Under the “pragmatic approach” to determine who is the prevailing party for purposes of statutory attorney fee awards, the question is whether by filing suit, the plaintiff achieved a better result than the defendant's last pre-suit offer of settlement. Read More

Different deadlines apply to seeking double costs and attorney fees for a frivolous appeal under Fed. R. App. P. 38; a bill of costs must be filed within 14 days after the opinion is filed, but attorney fees may be sought within 14 days after the time for seeking rehearing expires. Read More

Superior court's order remanding this case to the civil service commission for its entry of additional findings and conclusions to support the discipline it imposed on a county employee was not considered “final” for appellate purposes. Read More

Courts have the discretion to transfer venue of a case filed in the wrong venue at any time and are not bound by the time limits in the separate statute that governs mandatory venue transfers. Read More