Civil Procedure

The invited error doctrine bars a party from appealing from an order the party submitted for the sole purpose of creating an appeal that would derail trial. Read More

An action for civil penalties under Proposition 65 must be brought in the county in which the claim arose. Read More

A party moving for limited remand while a case is on appeal need not have moved for an indicative ruling in the district court if the district court has entered an indicative ruling in response to some other proceeding. Read More

Noncompliance with a court order to disclose financial condition precludes a defendant from challenging the sufficiency of the evidence of a punitive damages award on appeal. Read More

A foreign defendant’s knowledge that plaintiff is located in the forum state and will suffer harm there does allow the forum to exercise specific personal jurisdiction over the defendant; instead the defendant itself must establish contacts with the forum state. Read More

A Georgia-resident husband who sent a video of a mock suicide to his California-resident wife caused exceptional and specially regulated effects in California sufficient to support specific jurisdiction to enter a Domestic Violence Protection Act injunction against the husband. Read More

By providing for entry of a stipulated $300,000 judgment if defendant failed to pay $75,000 as agreed, a settlement agreement exacted a penalty, so the $300,000 judgment was void. Read More

A party is entitled to a continuance of a summary judgment hearing, or a new trial, when without fault of his or her own, the party reasonably believed that the case had been settled Read More

The workers' compensation exclusivity doctrine is inapplicable to claims under the Fair Housing and Employment Act. Read More

For purposes of enforcing a foreign judgment, a party was afforded sufficient due process, if the foreign court followed "procedures compatible with the requirements of fundamental fairness" even if the litigants were not given the specific constitutional due process guarantees afforded litigants in U.S. courts. Read More

A party cannot manufacture a triable issue of fact with a self-serving expert opinion that lacks any basis or explanation for the opinion and that is inconsistent with its own admissible statements. Read More

Service of process and taking of a deposition in Arizona as part of Nevada litigation were insufficient minimum contacts with Arizona to create personal jurisdiction. Read More

The relation-back doctrine will not save an architect or engineer malpractice action if the certificate of merit required by Code of Civil Procedure section 411.35 is filed after expiration of the statute of limitations. Read More

A previously deceived consumer has standing to seek an injunction against false advertising or labeling, even though the consumer now knows or suspects that the advertising was false at the time of the original purchase, because the consumer may nonetheless suffer an “actual and imminent, not conjectural or hypothetical” threat of future harm. Read More

A mesothelioma plaintiff raises a triable issue of fact by adducing expert testimony that the defendant’s product originated from a mine contaminated by asbestos. Read More

The National Labor Relations Board did not abuse its discretion in applying only prospectively its new standard according less deference to arbitrators’ findings in determining unfair labor practice charges; parties had detrimentally relied on the prior decades-old standard in litigating pending cases. Read More

Later filed state court proceedings warrant Younger v. Harris abstention only when the district court proceedings are at an "embryonic stage." State statute requiring in-state incorporation to obtain license to conduct interstate business violates the dormant Commerce Clause, but First Amendment is not infringed by statutes requiring a disclosure that the existing lender did not sponsor or authorize third-party ads… Read More

An administrative law judge’s determination denying plaintiff worker compensation benefits for psychiatric injuries allegedly caused by employment discrimination or harassment precludes a later civil suit under the Fair Employment and Housing Act for the same alleged acts of employment discrimination or harassment. Read More

A defendant in an unlawful detainer action has the right to a jury trial if there is a factual dispute over habitability of the premises. Read More

The automatic stay in bankruptcy does not extend the three-year deadline for serving process on a co-defendant of the bankrupt debtor, that is not itself in bankruptcy. Read More