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Civil Procedure

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Following Kim v. Reins Internat. California, Inc. (2020) 9 Cal.5th 73, this decision holds that the fact that the plaintiff's individual claim is time-barred does not prevent him from bringing a PAGA action to collect civil penalties as to the employer's Labor Code violations as to other employees within the limitations period.  Lab. Code 2699(c) requires only that the plaintiff… Read More

Under CCP 2025.295, the deposition of a plaintiff can take no longer than 7 hours if (a) the action is for injury or illness from mesothelioma, and (b) a doctor certifies that the plaintiff suffers from mesothelioma raising a substantial medical doubt that plaintiff will survive beyond six months.  If more than 20 defendants appear at the deposition, the court… Read More

The res judicata/collateral estoppel effect of a post-foreclosure unlawful detainer judgment extends only to proper conduct of the trustee's sale, not to claims of earlier wrongs committed by the lender that purportedly led eventually to the foreclosure.  Thus, here, the unlawful detainer judgment against the borrowers did not preclude them from later suing on a claim that the lender had… Read More

Under CCP 12, courts must use the "anniversary method" of computing statutes of limitation periods, excluding the first day of the period and including the last (unless it is a holiday or weekend).  Thus, for a personal injury suit by a minor, the limitations period begins on the minor's 18th birthday.  That day is excluded, and the 2-year personal injury… Read More

When a plaintiff voluntarily dismissed part of its case without prejudice well in advance of the district court's involuntary dismissal of the rest of the suit with prejudice, the judgment of dismissal is appealable (see Schoenfeld v. Babbitt (11th Cir. 1999) 168 F.3d 1257, 1265–66) even though it would not be if the voluntary dismissal came after the court's ruling… Read More

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