When a motion to dismiss raises a question of foreign law, the court may consider declarations or other "evidentiary" material regarding the content of relevant foreign law without converting the motion into a summary judgment motion; here, the Court of Appeal held that a French “astreinte” award was an enforceable foreign damage judgment, not an unenforceable penalty. Read More
Compliance with the Government Tort Claims statute's claim presentation requirement may be alleged generally—as by checking a box on the Judicial Council form complaint stating that "Plaintiff … has complied with applicable claims statutes.” Read More
When cases are merely related—as opposed to consolidated—transfer of one of them to a new judge based on an effective 170.6 challenge does not require or allow transfer of the other related case in which no challenge is filed. Read More
The six-month limitations period under the federal Railway Labor Act was equitably tolled by time expended while the parties brought their dispute before the Railway Mediation Board. Read More
The SEC may sue for violation of its Rule 13a14, which requires CEOs and CFOs to personally verify the accuracy of financial reports, if the verification is false, as well as if no verification is provided. Read More
A superior court lacks jurisdiction to hear a suit challenging the Public Utilities Commission’s response to a public records request. Read More
The limitations period for a doctor’s claim for payment of services rendered insured patients is not tolled while the doctor invokes the insurer’s internal process for appealing claim denials. Read More
In cases involving the Freedom of Information Act, summary judgment decisions are reviewed de novo. Read More
Trial court did not abuse its discretion in granting plaintiff’s motion for discretionary relief from summary judgment after plaintiff’s attorney declared that he made fatal mistakes in opposition to summary judgment motion because of illness and side effects from medication. Read More
For the first time, this decision holds that the rule barring attorneys from vouching for a witness’ credibility in closing argument applies to civil as well as criminal cases, but because the rule’s application to civil cases was not clear before, the district court did not commit plain error in failing to strike the forbidden argument sua sponte. Read More
The district court had subject matter jurisdiction if complete diversity actually existed when the complaint was filed, even if the complaint failed to allege it properly, so the district court properly denied defendant’s motion to vacate a summary judgment for lack of subject matter jurisdiction after the plaintiff submitted evidence of complete diversity in opposition. Read More
Defendant corporation was subject to specific (though not general) personal jurisdiction in California, since it was not necessary for the plaintiffs to be California residents or to have claims that arise directly out of defendants' California-related activities in order for their claims to “arise out of or be related to” the defendant’s forum-directed activities. Read More
Failure to recite all the evidence on an issue waives a substantial evidence attack on appeal. Read More
Los Angeles ordinance setting $15.75 minimum hourly wage is not pre-empted by the National Labor Relations Act. Read More
Trial court erred in denying appellant’s motion for a settled statement of unrecorded oral proceedings, but appellant failed to properly preserve that issue for appeal, so judgment had to be affirmed for lack of an adequate record to review. Read More
A public entity has four years to sue to invalidate its own contract under Gov. Code 1090 because of a board member approving the contract was on the contractor’s payroll, not the mere 60 days allowed a private party to sue to invalidate the public entity’s contracts. Read More
When, on a summary judgment motion in a case removed from state court, a federal court determines it lacks subject matter jurisdiction because the plaintiff lacks Article III standing, the federal court should remand the case to state court, not dismiss it. Read More
Ordinarily, when an appeal is mooted, the appellate court simply dismisses the appeal, but it can also vacate judgment and remand to allow the trial court to dismiss the case if legislative or administrative action has mooted the entire case; here, however, the appellant itself mooted its own appeal so it should not be allowed escape the consequences of a… Read More
The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) provides an extension on the statutes of limitations for contract and tort claims in actions brought by the National Credit Union Administration Board, which supersedes other limitations periods set by state or federal statute. Read More
Trial court erred in allowing suspended (and eventually dissolved) corporation relief from default judgment, since its agent for service of process was served, thus giving it actual knowledge of the suit. Read More
