Get Too Meta; Face a SLAPP
MMM Holdings v. Reich, No. G053739 (D4d3 Mar. 12, 2018)Q: What almost always happens when you sue someone for something they did in another litigation?A: You lose an anti-SLAPP motion. Relator in a...
View ArticleSome Arguments Might Have Been Left on the Table...
AO Alfa Bank v. Yakovlev, No. D071872 (D4d1 Apr. 3, 2018)This is an action by a Russian Bank under the Uniform Foreign Country Money Judgments Recognition Act, Code Civ. Proc. §§ 1713–25. The Bank...
View ArticleAngry, But Not Frivolous
Ponce v. Wells Fargo, No. C080680 (D3 Mar. 13, 2018)Code of Civil Procedure §128.7(b)(1) authorizes sanctions against a party or attorney who signs a document “presented primarily for an improper...
View Article“Applicable State Law” Does Not Include Preempted State Law
Sahei v. White Memorial Med. Cntr., No. B283217 (D2d8 Mar. 14, 2018)Under California law, special protections are required before party can agree to arbitrate claims brought under the Ralph and Bane...
View ArticleToto, I’ve a Feeling We’re Not in Delaware Anymore...
Quanta Computer Inc. v. Japan Commc’ns Inc., No. B280042 (D2d5 Mar. 16, 2018)TaiwanCo contracted to make some phones in Taiwan and sell them to JapanCo in Japan. Presumably to pick a neutral forum, the...
View ArticlePick Three...
Eng v. Brown, No. D071773 (D4d1 Mar. 22, 2018)Appellant in this case violated a rule of thumb that applies to appealing an adverse civil judgment in California: It does not matter how many times the...
View ArticleSection 998 Offer Exclusive of Fees Is Unambiguous
Timed Out LLC v. 13359 Corp., No. B280301 (D2d1 Mar. 27, 2018) In a case where attorneys’ fees are recoverable as a cost, a Code of Civil Procedure § 998 offer of judgment that offers a payment...
View ArticleThe Taxman Commeth
City & Cnty. of S.F. v. Homeaway.com, No. A150385 (D1d4 Mar. 28, 2018) In investigating tax evasion, San Francisco’s tax collectors served a subpoena for user data on an Internet home rental...
View ArticleBlurring the Line Between Governors and Government
Guarino v. Cnty of Siskiyou, No. C076629 (D3 Mar. 29, 2018)In this case, a former county counsel in Siskiyou County sued the County, the members of its board of supervisors, and a county administrator,...
View ArticleGames the Man Can't Play
Birts v. Superior Court, No. A152923 (D1d3 Apr. 11, 2018)A criminal case, but involving civil procedure.Trial judge in a criminal case tubed the prosecution by granting a bunch of motions in limine. So...
View ArticlePalsgrafian Vistas
Novak v. Continental Tire N. Am., No. A149494 (D1d3 Apr. 12, 2018)Not sure how procedural this is, but it’s interesting nonetheless. Plaintiff, who was injured in car accident caused by a blowout,...
View ArticleI See Alter Egos...
Benaroya v. Willis, No. B281761 (D2d4 May 17, 2018)Bruce Willis has some kind of deal with a production company. They get into a dispute. Like pretty much every Hollywood deal nowadays, the agreement...
View ArticleCan’t Wait for the Perfect When the 5-Year Rule Looms
Tanguilig v. Nieman Marcus Grp., No. A141383 (D1d4 Apr. 16, 2018)Under Code of Civil Procedure § 583.310, a case must be dismissed with prejudice if it has not been brought to trial within five years...
View ArticleWage-and-Hour Double Dip Rejected
Castillo v. Glenair, Inc., No. B278239 (D2d2 Apr. 16, 2018) Plaintiffs here are temps. They brought a wage-and-hour class action against their Temp Service and got a settlement. Now, they want to bring...
View ArticleThe Epistemology of Admitted Evidence
Doe v. Good Samaritan Hosp., No. F073934 (D5 May 21, 2018)An appeal of a defense judgment in a med-mal case. Defendant put in a very conclusory expert declaration that the hospital met the standard of...
View ArticleTo the Intervenors Go the Spoils
People v. Investco Mgm’t & Dev. LLC, No. A143307 (D1d4 Apr. 18, 2018)The Department of Business Oversight settled a blue sky case against a real estate Scheme and its Promoters. The injunction that...
View ArticleUnilateral SACC Gets the Sack
Hedwall v. PCMV, LLC, No. B282111 (D2d4 Apr. 19, 2018) Golfer is in a dispute with his Country Club over dues. Golfer cross-claimed against the Club and its Current and Former Owners. While Former...
View ArticlePost Mistrial Bench Submission Waives Jury Errors
Tierney v. Javaid, No. A147221 (D1d3 May 31, 2018)A jury trial in a real estate dispute resulted in a hung jury, with the jury seemingly stuck on the question of whether Plaintiff had fully performed...
View ArticleThe Pick Three Rule in Practice, Again
IIG Wireless v. Yi, No. G053393 (D4d3 Apr. 23, 2018)This is another one of those grab bag cases where everyone raises way too many issues after a trial and everything gets affirmed. It’s some kind of...
View ArticleSecret Brief Spoils an Arbitration
Baker Marquart v. Kantor, No. B280861 (D2d2 Apr. 25, 2108)In an arbitration over attorneys’ fees, Client submitted an ex parte (real ex parte, not California ex parte*) brief to the panel, which...
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