The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Trial court did not violate the parties’ right to a jury trial when it bifurcated a trial in a case involving mixed legal and equitable claims, trying the equitable claims first—after which it ruled plaintiff had not proven causation, thus precluding legal as well as equitable claims. Read More
Denial of a motion for judgment under CCP 631.8 is a sufficient ruling on the merits to invoke the interim adverse judgment rule, precluding a later malicious prosecution claim. Read More
An order denying a motion for reconsideration based on new evidence per California Code of Civil Procedure 1008(b) is not appealable. Read More
A district court may not, sua sponte, remand an action to state court for procedural defects in the removal, but may do so only on a timely remand motion. Read More
If the statute of limitations expires before a case is removed to federal court, the plaintiff is not given additional time to serve the summons after removal. Read More
A defendant cannot be deemed a vexatious litigant under CCP 391(b)(4) for having been sued on the same facts by someone else. Read More
Because an injunction may not issue to enforce penal laws, a taxpayer action cannot be brought to enjoin public expenditures that allegedly are illegal solely because they violate a penal statute. Read More
A superior court's order granting a writ of administrative mandate and remanding the proceeding to the administrative agency for a new hearing and determination may be an appealable order depending on the particular circumstances of the case; here a remand order contained conclusive findings construing the appellant’s by-laws, so appellate review is justified. Read More
Though not itself a licensed dealer, a plaintiff may recover under Vehicle Code 11726 for its franchisor’s violation of other Vehicle Code sections enacted to protect franchisees. Read More
When a plaintiff seeks a default judgment, the trial court must act as gatekeeper, disallowing recovery if the complaint fails to allege a viable cause of action. Read More
Complaint and summons may be served by mail on a defendant in a foreign country so long as authorized by the forum jurisdiction’s laws and not objected to by the foreign country. Read More
For purposes of the venue statute governing patent cases, a corporation “resides” only in its state of incorporation. Read More
A court may expand a vexatious litigant pre-filing order to bar new suits or appeals even if filed by an attorney if the litigant has evaded the prior pre-filing order by using an attorney to file more frivolous litigation. Read More
On a motion to add more lawsuits to a coordinated proceeding, the coordination trial judge must accept the original coordination decision and grant the motion if the additional lawsuits are substantially similar to those already coordinated. Read More
In analyzing a defendant's forum non conveniens motion in a suit brought in California by a plaintiff who is not a California resident, the plaintiff's choice of forum is entitled to little deference. Read More
Resolution of the underlying lawsuit (here by a settlement) does not automatically moot an appeal by a person who unsuccessfully sought to intervene in the action, so long as effective relief may still potentially be awarded the would-be intervenor. Read More
Exercising its inherent power, a federal court may award attorney fees as a sanction; however, unless criminal contempt procedures are followed, the sanction cannot exceed the amount of attorney fees the opposing party would not have incurred but for the sanctionable conduct. Read More
Other than the elderly person, herself, only her court-appointed guardian may sue on her behalf under the Elder Abuse and Dependent Adult Civil Procedure Act. Read More
The parties’ express or implied consent necessary for a commissioner to act as a judge was missing here since the pro per parties were not told the judicial officer was a commissioner or that she could act as judge only with their consent. Read More
A trial court's order denying a party's demand for a jury trial is reviewable before trial by petition for a writ of mandate. Read More
