When the parties agree to a general reference under CCP 638, unless their agreement provides otherwise, the trial court must enter judgment in accordance with the referee's decision once it is filed with the court. However, following entry of judgment, the court may review the referee's legal conclusions on a party's motion for new trial or to vacate the judgment. … Read More
The district court correctly abstained on Younger v. Harris grounds and dismissed this suit which sought to enjoin the Hawaii Attorney General from proceeding with a state court suit under Hawaii's UDAP statute for deceptively marketing Plavix by concealing the fact that Asians and Pacific Islanders have a genetic modification that impairs the drug's function. The state court suit was… Read More
State Farm's 998 offer was valid and enforceable to shift costs in this case. The signature block contained a space for signature by the attorney for the HOA, which was sufficient to identify the party in the signature line for acceptance. Also, the 998 offer's requirement of signature on a settlement agreement releasing all claims " arising from, relating or… Read More
Three principles govern the award of monetary sanctions for discovery abuse. First, the court must award monetary sanctions against the loser of a discovery motion unless it finds that either the loser acted with substantial justification or imposition of sanctions would be unjust under the circumstances. Second, the monetary sanctions may only be imposed based on attorney fees and costs… Read More
Under Cal. Rules of Court 3.1700, 3.1702, the time to file a memorandum of costs and a motion for attorney fees runs from service of notice of entry of judgment. That the prevailing party had actual knowledge of entry of judgment earlier is irrelevant. It is service of notice of entry, not actual knowledge that starts the time running. Likewise,… Read More
Once the attorney-client privilege has been established, the trial judge or counsel for any party may not comment on the fact that a party or witness has exercised the privilege. (Evid. Code 913(a).) Moreover, the trier of fact may not draw any inference from a witness’s invocation of a privilege. The court must so instruct the jury upon request. (Ibid.)… Read More
Applying Semtek Internat. Inc. v. Lockheed Martin Corp. (2001) 531 U.S. 497, this decision holds that a federal district court's dismissal of a 42 USC 1983 claim on the ground it was precluded by the res judicata effect of a state administrative decision denying her claim is not a final judgment entitled to claim preclusive effect under federal common law. … Read More
Federal common law governs the effect of a federal court's judgment on federal law claims (Taylor v. Sturgell (2008) 553 U.S. 880, 891) whereas state law governs the res judicata effect of a federal court's judgment on state law claims when exercising diversity jurisdiction (Semtek Internat. Inc. v. Lockheed Martin Corp. (2001) 531 U.S. 497, 507). It is unclear which… Read More
Plaintiff was injured while working on a rescue boat owned by defendant. Plaintiff did not file a timely government claim within 6 months of his injury, but did file a timely application for permission to present a late claim, within one year of the injury. Defendant's response to the application stated that it had denied plaintiff's claim, not his application,… Read More
This decision holds that while a trial court does not lose jurisdiction to amend or vacate an interlocutory order simply because a Court of Appeal has issued an order to show cause in response to a mandate petition, the trial court should generally not do so since the Court of Appeal's issuance of an OSC rather than an alternative writ… Read More
Under CCP 446(a), a defendant must file a verified answer to a complaint filed by the state, a county or certain other governmental agencies “unless an admission of the truth of the complaint might subject the party to a criminal prosecution." This decision holds that a defendant corporation is a "party" entitled to file an unverified answer under the quoted… Read More
This decision reverses an order granting defendants equitable relief from a default and default judgment. A court’s ability to grant relief under its inherent equitable power is narrower than its ability to grant relief under CCP 473(b) Equitable relief from a default judgment may be granted only in exceptional circumstances, and the party moving for such relief must make a… Read More
The trial court did not abuse its discretion in entering an in limine motion that effectively prevented plaintiff from presenting any evidence at trial. Plaintiff had not complied with the superior court's local rule requiring an exchange of exhibits and witness lists a week before trial. Also, plaintiff had not responded to defendant's written discovery or presented its witnesses for… Read More
The trial court did not abuse its discretion in denying plaintiff's oral motion to continue the trial presented at the start of what was scheduled to be the first day of trial. Under Cal. Rules of Court, rule 3.1332(b), a party seeking a continuance of a trial must do so by written motion or ex parte application with a supporting… Read More
Under Gov. Code 945.3, a person charged with a criminal offense may not bring a claim against a police officer or the police department relating to the charged offence, including any act or omission in the arrest or detention, while the criminal charges are pending in the superior court. This decision holds that the statute tolls the statute of limitations… Read More
This decision refuses to enforce a Utah choice of law clause in a credit card agreement, the credit card having been used to buy a motorcycle in California. While the choice of Utah law was reasonable since that is where the card issuer was located, application of Utah law would offend fundamental California public policy as expressed in McGill v.… Read More
Jury verdict that car did not have "a window defect that rendered it unfit for the ordinary purpose of providing transportation" should have ended the jury's task on the plaintiff's claim for breach of implied warranty. But due to an error in the jury verdict form, the jury went on to award plaintiff damages. Held, the trial court correctly granted… Read More
To qualify as a notice of entry of judgment under Code of Civil Procedure section 664.5, the clerk’s mailed notice must affirmatively state that it was given ‘upon order by the court’ or ‘under section 664.5,’ and a certificate of mailing the notice must be executed and placed in the file.” (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather… Read More
California has specific personal jurisdiction over Avon in a suit brought by a Calfiornia resident who used Avon's talc products and claims they were defective, containing asbestos which gave her mesothelioma. Plaintiff adequately alleged facts showing that Avon had purposefully availed itself of California's benefits and that those contacts were related to her suit by showing that she had purchased… Read More
Defendant LLC was one of several companies run by Garrick. It was a shell without assets or its own employees. Other Garrick companies deposited funds in defendant's accounts when they wanted to pay its creditors including its defense attorneys. This decision holds that the trial court did not err in adding Garrick and his other companies to the stipulated judgment… Read More
