Deined § 631.8 Motion Proves Probable Cause
Hart v. Darwish, No. B270513 (D2d2 Jun. 1, 2017)A suit for malicious prosecution generally cannot lie if the court in the underling case denied the defendant’s summary judgment motion. Essentially, the...
View ArticleEquity Does Not Sanction an Award on a Dismissed Claim
Guan v. Hu, No. B276546 (D2d1 June 2, 2017)This is kind of weird one. The case is a dispute over a house that was, to some degree, co-owned by an unmarried couple who later broke up. Plaintiff sued...
View ArticleNo Property Tax Required for Taxpayer Standing; Else Unresolved
Weatherford v. City of San Rafael, No. S219567 (Cal. Jun. 6, 2017)Code of Civil Procedure § 526a gives taxpayers standing to bring claims to enjoin wasteful or unlawful expenditures by government...
View ArticleEffects of Debtor’s Corporate Suspension Accrue to Claims Seized by Creditor
Bovet v. Chang, No. D070797 (D1d4 Jun. 7, 2017)Plaintiff is a judgment creditor to a suspended corporation. In enforcement of judgment proceedings, Plaintiff was assigned certain of debtor’s assets,...
View ArticleSome Hearsay Stuff on Habeas
In re Bell, No. S151362 (Cal. Jun. 8, 2017)A convicted capital defendant petitioned the Supreme Court for habeas relief due to alleged jury misconduct in connection with his conviction. The Court...
View ArticleBrushclearing.
Ryan v. Rosenfeld, No. S232582 (Cal. Jun. 15, 2017)Code of Civil Procedure § 663 permits a post-judgment motion to vacate a judgment, under certain specific circumstances. Generally, but without...
View ArticlePleas in Abatement Are This Disfavored
The Rossdale Grp. v. Walton, No. H043476 (D6 Apr. 15, 2017) This is a weird and kind of narrow opinion about standing that is mostly shaped by how the issue was raised the superior court. The case is a...
View ArticleNuthin' But a Fee Thang
Monster, LLC v. Superior Court, No. B278289 (D2d7 Jun. 21, 2017)Plaintiff here claims that it was defrauded out of an interest in Dr. Dre’s headphone company, Beats by Dre, right before Dre sold Beats...
View ArticleThe Firm's Work Product
Tucker Ellis LLS v. Superior Court, No. A48956 (D1d3 Jun. 21, 2017)Who owns work product? An attorney, or the firm that employs him?This is in the context of asbestos litigation. Ten years ago, in...
View ArticleI Guess It's Not Over
Cnty. of L.A. Bd. of Supervisors v. Superior Court, No. B257320A (D2d3 Jun. 22, 2017)This is the remand in County of L.A. v. Superior Court, the Supreme Court’s big decision on the scope of the...
View ArticleVex Ain't a Family Affair
Hupp v. Solera Oak Valley Greens Assoc., No. E065766 (Jun. 23, 2017) Son has been previously declared a vexatious litigant. But the operative complaint in this case—about a completely stupid anti-pit...
View ArticleThe Test We Have Is Fine, Thanks...
ZL Techs. v. Does 1–7, No. A143680 (D1d4 Jul. 19, 2017)Some anonymous but allegedly former employees of Company put up negative reviews about Company on Glassdoor.com, a website that posts reviews of...
View ArticleA Bunch of Stuff After a Class Action Trial
Espejo v. The Copley Press, No. D065397 (D4d1 Jul. 7, 2017)This is a post-trial appeal after a bench trial in an employment class action brought by newspaper delivery persons. The big substantive issue...
View ArticleFAA Has No Say
L.A. Unified Sch. Dist. v. Safety Nat’l. Cas. Corp., No. B275597 D2d8 (July 12, 2017) The LAUSD brought a mega litigation against 27 different insurers over coverage issues stemming from the sex abuse...
View ArticleA Good Day for Fans of Ever More Discovery
Williams v. Superior Court, No. S227228 (Cal. Jul. 13, 2017) This Supreme Court case is a Rorschach test. If you’re a plaintiff-side lawyer, it seems perfectly reasonable. But if you’re on the defense...
View ArticleHow High? Who knows?
David v. Hernandez, No. B270133 (D2d6 July 25, 2017) Plaintiff in a car crash case, who was pretty badly hurt when his minivan hit a truck pulling a uey on the PCH, tested positive for THC when taken...
View ArticleThe Public Issue Standard in a Post-Truth World
Filmon.com v. Doubleverify, Inc., No. B264074 (D2d3 Jul. 25, 2017)Defendant here sells some kind of service where it sniffs out whether adbuys on the Internet are really effective. One part of this...
View ArticleCommon Injuries in Class Cert.
Kizer v. Tristar Risk Mgmt., No. G052558 (D4d3 Jul. 27, 2017)The trial court denied class cert in a putative wage-and-hour class action brought by insurance claims examiners. The central issue is...
View ArticleTurnabout on Remand
Crossroads Investors, L.P. v. Fed. Nat’l Mortgage Assoc., No. C072585A (D3 Jul. 27, 2017)This is an odd one. The Court of Appeal issued an opinion affirming the denial of an anti-SLAPP motion. The...
View ArticlePark Works!
Bonni v. St. Joseph Heath Sys., No. G052367 (D4d3 Jul. 26, 2107)This is an employment dispute where a hospital employee alleges of discrimination and retaliation in connection with some alleged...
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