Civil Procedure

A judgment resolving all issues in one consolidated case is final and appealable even though issues in other consolidated cases remain unresolved. Read More

The measure of the amount-in-controversy in a declaratory relief action over a life insurance policy is the face value of the policy. Read More

Defendant’s 998 offer was not rendered ambiguous by its attempt to “exclude reasonable costs and attorney fees if any”; so when plaintiff refused the offer and then recovered less than the offer at trial, the trial court could award cost and fee sanctions. Read More

The trial court properly granted defendant landlord's Anti-SLAPP motion to strike plaintiff's claim that the landlord violated Santa Monica's anti-harassment ordinance by filing an unlawful detainer complaint against the plaintiff which supposedly lacked sufficient factual and legal support. Read More

Under Code of Civil Procedure section 352.1, the statute of limitations is tolled if the claim accrues when the plaintiff is imprisoned in a state prison under a criminal sentence, but not if the plaintiff is held in a county jail or in pre-trial detention. Read More

State courts have concurrent jurisdiction with federal courts over class actions that rely solely on the Securities Act of 1933. Read More

District court did not abuse its discretion in assessing contempt sanctions against a party for its expert witness’ non-appearance at a deposition; the party failed to show it made good faith efforts to produce the witness as directed in the court’s Rule 37 order. Read More

An 81-year-old plaintiff was entitled to calendar preference on showing she had a substantial interest in the suit and given her bad health, preference was needed to avoid prejudice. Read More

After reversal on appeal, the plaintiff must return to the defendant the subsidiary plaintiff seized in execution of judgment while an appeal was pending and is not entitled to compensation for losses the subsidiary sustained while in plaintiff’s hands. Read More

The Ninth Circuit declines interlocutory mandamus review of a denial of a motion to dismiss suit claiming that government policies exacerbated climate change; the Baumann factors governing such review were not satisfied. Read More

A real and immediate threat of injury from identity theft is sufficient to sustain a plaintiff’s Article III standing. Read More

Though no separate judgment was entered, the jury’s special verdict resolved all issues in the case, so the losing party’s 30-day time to appeal began to run out 150 days after entry of the verdict. Read More

A trial court erred in denying plaintiff enforcement of its $11 million judgment against defendant obtained in a court in Moscow, Russia, since defendant failed to establish any valid defense under the Uniform Foreign-Country Money Judgment Recognition Act and official court documents adequately proved sufficient service of process on defendant’s registered Moscow address. Read More

Sanctions were improperly awarded under CCP 128.7 since plaintiffs’ suit was not frivolous; they had a nonfrivolous argument that their agreement to settle a prior action did not release the defendants in this follow-on suit. Read More

A district attorney may, without violating due process, hire private counsel on contingency to prosecute unfair competition claims in the name of the People. Read More

California refuses to decide a case with no connection to this state other than that the parties chose it as a neutral forum for resolution of any dispute arising from their contract. Read More

A local governmental agency may require the pre-suit filing of an administrative claim for childhood sexual abuse, barring a suit if no claim is filed first. Read More

In evaluating whether a person is an “insider” of a debtor under the Bankruptcy Code, an appellate court reviews a trial court’s determination of whether a transaction was arm’s length using the clear error standard of review. Read More

A medical malpractice plaintiff provides adequate notice of a potential medical malpractice claim, as required by Code of Civil Procedure section 364, by mailing a notice of intent to file an action to a physician’s address of record with the Medical Board of California. Read More

Under Code of Civil Procedure section 526a, a taxpayer has the standing to sue to enjoin a government agency from conducting administrative proceedings in a manner that allegedly violates due process. Read More