There's No Private Public Defender Doctrine
Save Our Heritage Org. v. City of San Diego, No. D070006 (D4d1 Apr. 27, 2017)When an advocacy organization successfully challenges government action, it often is entitled a fee award under Code of...
View ArticleObamacare Is All up in the Specials
Cuevas v. Contra Costa Cnty., No. A143440 (D1d1 Apr. 27, 2017)We’ve discussedbefore how the facial amounts of medical bills aren’t good evidence of an insured plaintiff’s damages because insurers never...
View ArticleNo Presumptions of Convenience for Foreign Plaintiffs
Fox Factory, Inc. v. Superior Court, No. H043648 (D6 Apr. 27, 2017) Plaintiff is a Canadian who was hurt in a mountain biking accident in British Columbia. He filed two lawsuits over his accident. In...
View ArticleYour Secrets Are Safer if Your Therapist is a PhD, Not an MD
Cross v. Superior Court, No. B277600 (D2d5 May 1, 2017)A psychiatrist is under investigation for over-prescribing Adderall. After reviewing her prescription records, a Board of Medical examiners...
View ArticleThe Fox Johns-Macaluso Paradox, Resolved(?)
Yolanda’s, Inc. v. Kahl Goveia Commercial Real Estate, No. B271408 (D2d6 May 3, 2017)Former Tenant is trying to collect on a $2 million judgment against a Former Landlord. Landlord entities claim...
View ArticleTuszynska Falls
Park v. Board of Trustees of Cal. State Univ., No. S229725 (Cal. May 4, 2017) Once in a while, a lawyer gets to feel vindicated . . . . I was pretty critical of this anti-SLAPP case when the Court of...
View ArticleHunter Limps on in D4
San Diegans for Open Gov’t v. Investigative Newsource, No. D069189 (D4d1 modified on r’hrg Jun. 1, 2017)This anti-SLAPP opinion came out before the Supreme Court’s decision in Park, but it was destined...
View ArticleCoordination Good.
In re Ford Motor Warranty Cases, No. B277725 (D2d8 May 8, 2017)Where federal court has multi-district litigation proceedings, California has “coordination” under Code of Civil Procedure § 404.1. When...
View ArticleLien Filing Triggers Limited Civil SLAPP
O'Neil-Rosales v. Citibank (South Dakota) N.A., No. JAD17-03 (L.A. Super. App. Div. May 10, 2017)Appellate department decision affirming an appeal of a granted anti-SLAPP motion in a limited civil case...
View ArticleStretching to Compel Third Party Arb
Garcia v. Pexco, LLC, No. G052872 (D4d3 May 16, 2017)Temp works for Temp Service. He brings a wage-and-hour class action against Temp Service and a Company where he was assigned to work. The employment...
View ArticleYou're the Puppet!!!
Kinney v. Clark, No. B265267 (D2d1, as modified Jun. 14, 2017) This appeal is just the latest in a lengthy saga where a Disbarred Lawyer has been trying to duck a ten-year old order that he pay an...
View ArticleSometimes a Guy Has to Go Hague
Water Splash, Inc. v. Melon, No. 16-254 (U.S. May 22, 2017)This is from the big Supremes. But it’s a Hague service issue. So I just can’t resist the sheer CivPro excitement!The Hague Convention on...
View ArticleOn Call Claims Merit Class Cert
Bartoni v. Am. Med. Response W., No. A143784 (D1d May 24, 2017) For a while, it seemed like there was an opinion on class cert in a wage and hour case—usually reversing a denial—every week. But it’s...
View ArticleSketchy Default; Sketchy Vacation ...
Grapo v. McMills, No. A147522 (May 23, 2017)So this case involves a crazy default judgment scenario where an individual was served with a pro se complaint with his name in the caption, but he wasn’t...
View ArticleIn Which the Author Outs Himself as a (Soft) Textualist ...
Leider v. Lewis, No. S232622 (Cal. May 25, 2017)The trial court in this case issued an injunction against certain practices involving the elephant enclosure at the LA Zoo. The Court of Appeal affirmed,...
View ArticleA Reversal with Remand Is a Final Order
Dhillon v. John Muir Health, No. S 224473 (Cal. May 25, 2017) Is an order granting a writ of administrative mandamus and remanding the matter to the agency for further proceedings an appealable final...
View ArticleTantamount to Proceeding Without Consent
McClintock v. Djulus, No. D049757 (D4d1 Apr. 14, 2017)A divorce case gets assigned to a commissioner. Wife, who is represented, signs the consent form but Husband, who is pro per, did not. Indeed, the...
View ArticleShould Have Appealed the First Time
Chango Coffee, Inc. v. Applied Underwriters, Inc., No. BC267358 (D2d3, May 26, 2017) Defendant lost a motion to compel arbitration, but didn’t appeal. Six months later it filed a renewed motion under...
View ArticleNo Writs for the Vexatious
Ogunsalu v. Superior Court, No. D071323 (D4d1 Jun. 7, 2017) A school teacher who has also been previously declared to be a vexatious litigant is a party to an ALJ case over a credentialing suspension....
View ArticleCan Kicking on a Costs Ruling
Heimlich v. Shivji, No. H062641 (D6 May 31, 2017)About a year into an Attorney-Client fee dispute, Client made an offer of judgment under Code of Civil Procedure § 998 to settle the case for thirty...
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