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Civil Procedure

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Order vacating consent judgment based on defendants’ substantial compliance is reversed because the record was insufficient to establish defendants’ compliance with all of terms of the judgment entered in favor of plaintiff, a prisoner who followed the Wiccan religion.  Read More

Service of summons and complaint on defendant was considered adequate when his father accepted substituted service at home, defendant could not establish that he had a permanent residence elsewhere, and his father gave him actual notice of the suit within three days of the substituted service.  Read More

In an insurance bad faith action, Brandt legal fees that the insured incurs in his successful effort to obtain insurance benefits are actual damages which must be included with other actual damages in computing the actual to punitive ratio, even if the parties stipulate to having the trial judge set Brandt fees after the jury has awarded both other actual… Read More

District court judge did not err by reconvening jury for further deliberations to correct an error in the verdicts, since he did so within minutes of discharging them and questioned them to make sure they had not been influenced by outside sources.  Read More

A trial judge has discretion to dispose of a case or claim on the merits in the course of ruling on a motion in limine, but must do so using the normal nonsuit standard of review.  Read More

A child molester’s “grooming” presents to the molested minor did not trigger application of Insurance Code section 11583 which tolls the statute of limitations on partial payment of compensation for injury given without notice of applicable limitations periods.  Read More

Under CCP 1032(a), a prevailing party is entitled to a cost award even if it is united in interest with co-parties that did not prevail, but the trial court has discretion in awarding only those jointly incurred costs which were reasonably necessary to the prevailing party’s case.  Read More

Defendant was unable to challenge domestic violence protective order on the ground that he had not consented to have a court commissioner decide the issue, because he impliedly consented to have the commissioner decide the matter by participating in the hearing and couldn’t produce an oral record of the proceedings proving he had withheld consent at that time.  Read More

While Congress may elevate intangible injuries to allow standing to sue, it cannot, by granting a right to statutory damages, create Article III standing when the plaintiff has suffered no actual injury, as can be the case when the defendant violates a statute’s purely procedural requirements.  Read More

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