Civil Procedure

An appraiser hired to provide an appraisal for the lender's use does not owe the borrower a duty of care. Read More

A trial court has inherent power to dismiss as frivolous plaintiff’s 31 proceedings against prominent persons whom he claimed were harassing him. Read More

Holidays and weekends count against the running of the three-day notice to quit period in unlawful detainer unless the landlord states that the required rent payment may only be remitted by mail. Read More

Head of Contractors’ State License Board (a state agency) should not have been compelled to appear for a deposition, since deposing party could not show that he had direct personal factual information pertaining to material issues that could not be obtained from any other source. Read More

Warning labels required for most alcoholic beverages under Proposition 65 do not need to provide a detailed list of all the harmful chemicals found in the product. Read More

Testimony during a Rule 30(b)(6) deposition does not absolutely bind the corporation in the sense of a judicial admission, but rather is evidence that—like other deposition testimony—can be corrected, explained, supplemented or contradicted. Read More

A second class action is entitled to American Pipe tolling of the statute of limitations during the pendency of a first class action on the same claim if the first action is dismissed for lack of an adequate class representative and a new named plaintiff is promptly added. Read More

An email exchange between opposing counsel clarified the ambiguity in plaintiff’s 998 offer, making it enforceable when the defendant did not accept the offer and fared worse at trial. Read More

An abstract of judgment filed after the judgment debtor's death does not create a lien on estate property, nor is a criminal restitution judgment creditor entitled to priority of payment from the judgment debtor’s estate. Read More

Elder abuse case was properly remanded—and attorney fees properly awarded against defendant removing party—by the district court after defendant's fraudulent joinder theory was appropriately rejected. Read More

A taxpayer who is not a party to a government contract nevertheless has the standing to seek invalidation of the contract on the ground the public officer letting the contract had a personal interest in it. Read More

Clear error, alone, is insufficient grounds for the Ninth Circuit to issue a writ of mandate; substantial prejudice must also be shown. Read More

Foreign corporations may not be sued as defendants under the Alien Tort Claims Act, 28 USC 1350. Read More

Naruto, the monkey, cannot sue for copyright infringement; the Copyright Act does not grant animals standing. Read More

Judgment in earlier wage & hour class action that employees filed against their staffing company employer barred later suit on the same claims by same employees against the firm where they worked since that firm was the staffing company’s agent with respect to payroll matters. Read More

A derivative action against Google’s executives was properly dismissed as the plaintiff shareholders were on inquiry notice of their claim outside the limitations period. Read More

A trial court did not abuse its discretion in dismissing wage & hour putative class action for failure to bring to trial within five years since pending arbitration did not prevent plaintiff from moving forward with the non-arbitrable pieces of litigation. Read More

After the close of evidence but before submission of briefs in lieu of closing argument, plaintiff was entitled to voluntarily dismiss her complaint, thus avoiding an attorney fee award under Civil Code section 1717. Read More

Plaintiff may amend the original complaint once before answer or demurrer hearing, but leave of court is required for any amendment to an amended complaint. Read More

A limitations period runs from the date plaintiff suffers injury or the date she discovers the facts showing its wrongful cause, whichever is later. Read More