What, Exactly, Are We Waiving?
Global Fin. Distribs. v. Superior Court, No. 291814 (D2d7 May 13, 2019)The Code of Civil Procedure has two different statutes addressed to motions to dismiss or stay for forum nonconveniens—§§ 418.10...
View ArticleCan't Sneak in a Brand New Claim Like That
LeMere v. L.A. Unified Sch. Dist., No. B281843 (D2d8 May 14, 2019)A demurrer was granted with leave to amend. When plaintiff amended, she also added a brand new cause of action. But she didn’t have...
View Article"This Vexatious Litigant Refuses to Stop Biting."
Colombo v. Kinkle, Rodiger & Spriggs, No. G055823 (D4d3 May 16, 2019)Plaintiff here is a pro se that lost a case a long time ago and has been suing his attorneys over and over again since then....
View ArticleFlipped Burden Prevents Issue Preclusion
Bennett v. Rancho Cal. Water Dist., No. G054617 (D4d3 May 29, 2019)Collateral estoppel doesn’t apply when, during the first proceeding, the party seeking preclusion bore a lower burden of proof. Here,...
View ArticleBring on the Sandbag
Du-All Safety, LLC v. Superior Court, No. A155119 (D1d2 Apr. 18, 2019)The Code of Civil Procedure anticipates two rounds of expert disclosure: an initial round and then a supplemental round. In the...
View ArticleJustice Cuellar's Law and Economics of Interestedness
FilmOn.com Inc. v. Doubleverify Inc., No. S244157 (Cal. May 6, 2019) The California Supreme Court has granted review of a number of important cases dealing with Code of Civil Procedure §...
View ArticleFirst, I Assumed We Had a Theory...
Esparza v. Safeway, Inc., No. B287927 (D2d4 June 10, 2019)Having bobbed and weaved their way to get their class certified, Plaintiffs in this wage and hour case have a problem. Their class cert...
View ArticleCan I Get a Witness...
Doe v. Superior Court, No. D075331 (D4d1 Jun. 13, 2019)The case deals with the no-contact rule, recently re-codified as Rule of Professional Conduct 4.2. Plaintiff is suing a College for sexual...
View ArticleSatisfied in Full
Wertheim, LLC v. Currency Corp., No. B277633 (D2d1 Jun. 6, 2019)This case involves a 10 year saga to collect on a $40k judgment, since swollen to almost $300k in interest and enforcement costs. Between...
View ArticleReal Parties Can Seek Anti-SLAPP Relief
Rudisill v. Cal. Coastal Comm’n, No. B289179 (D2d2 Jun. 5, 2019)Real party in interest permit applicants in this administrative mandamus case against the Coastal Commission got sanctioned for filing a...
View ArticleBad, But Not Prejudicial
D.Z. v. LAUSD, No. B283799 (D2d4 May 14, 2019)This is a pretty rare reversal of a jury verdict due to a trial court’s erroneous exclusion of evidence under Evidence Code § 352’s prejudice vs. probative...
View ArticleDiscretion Under the Three Year Rule Is Not Unbounded
Corrinett v. Bardy, No. A153241 (D1d4 May 9, 2019)This case was dismissed under the Code of Civil Procedure § 583.420’s discretionary three-years-to-trial rule. At the time it was dismissed, a trial...
View ArticleNo-Contest Probate Petitions Are SLAPP-able
Key v. Tyler, No. B283979M (D2d2 May 7, 2019)This anti-SLAPP appeal comes down basically the same way as 2017’s Urick v. Urick decision. At least on the first part of the analysis. It holds that a...
View ArticleNo New Theories for Reversal
Cox v. Griffin, No. D074893 (D4d1 Apr. 17, 2019)Plaintiff won a jury verdict on claims of IIED and false imprisonment, based on defendant’s having made a knowingly false police report. Problem is,...
View ArticleNo Facts, No Statement of Decision
Jackpot Harvesting, Inc. v. Applied Underwriters, No. H044953 (D6 Mar. 28, 2019)Section 632 of the Code of Civil Procedure requires a court to follow a process to create a statement of decision when...
View ArticleGovernment Decisions Are Not Speech
Swanson v. Cnty. of Riverside, No. D075081 (D4d1 Jun 17, 2019)A county’s decision to release an individual from a 72-hour mental health hold under the Lanterman-Petris-Short Act is not speech. So a...
View ArticleInstruments
Hilaly v. Allen, No. JAD19-05 (S.F. Super. App. Div. May 21, 2019)Evidence Code § 622 creates a conclusive presumption regarding the truth of recitations of fact in a “written instrument.” “Instrument”...
View ArticleDamages Remittitur Permitted for Partial Defect in Jury Award
Pearl v. City of L.A., No. B285235 (D2d7 Jun 18, 2019) Plaintiff won a $17 million jury verdict against the City of LA on FEHA claims alleging that he had been harassed on the basis of his race and...
View ArticleLodestar for Lemons
Hanna v. Mercedes-Benz USA, LLC, No. B283776 (D2d7 Jun. 18, 2019) I discussed the key issue in this case in my post on the Warren case last winter. A prevailing plaintiff in a Song-Beverly lemon law...
View ArticleCan't Collect on Half a Judgment
Newstart Real Estate Inv. LLC v. Huang, No. B292417 (D2d8 Jul. 3, 2019)P wins a money judgment that includes punitive damages. The Court, however, issues a remittitur on punitives under Code of Civil...
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