Since website’s data security breach exposed plaintiffs to a substantial risk that hackers will commit identity theft, they had Article III standing to maintain the suit. Read More
The amount in controversy for federal jurisdictional purposes includes all relief, including awards of future damages, that could be awarded to the plaintiff, if successful, on the complaint as it stands on the date of removal. Read More
Under the “pragmatic approach” to determine who is the prevailing party for purposes of statutory attorney fee awards, the question is whether by filing suit, the plaintiff achieved a better result than the defendant's last pre-suit offer of settlement. Read More
Different deadlines apply to seeking double costs and attorney fees for a frivolous appeal under Fed. R. App. P. 38; a bill of costs must be filed within 14 days after the opinion is filed, but attorney fees may be sought within 14 days after the time for seeking rehearing expires. Read More
Superior court's order remanding this case to the civil service commission for its entry of additional findings and conclusions to support the discipline it imposed on a county employee was not considered “final” for appellate purposes. Read More
Courts have the discretion to transfer venue of a case filed in the wrong venue at any time and are not bound by the time limits in the separate statute that governs mandatory venue transfers. Read More
A judgment resolving all issues in one consolidated case is final and appealable even though issues in other consolidated cases remain unresolved. Read More
The measure of the amount-in-controversy in a declaratory relief action over a life insurance policy is the face value of the policy. Read More
Defendant’s 998 offer was not rendered ambiguous by its attempt to “exclude reasonable costs and attorney fees if any”; so when plaintiff refused the offer and then recovered less than the offer at trial, the trial court could award cost and fee sanctions. Read More
The trial court properly granted defendant landlord's Anti-SLAPP motion to strike plaintiff's claim that the landlord violated Santa Monica's anti-harassment ordinance by filing an unlawful detainer complaint against the plaintiff which supposedly lacked sufficient factual and legal support. Read More
Under Code of Civil Procedure section 352.1, the statute of limitations is tolled if the claim accrues when the plaintiff is imprisoned in a state prison under a criminal sentence, but not if the plaintiff is held in a county jail or in pre-trial detention. Read More
State courts have concurrent jurisdiction with federal courts over class actions that rely solely on the Securities Act of 1933. Read More
District court did not abuse its discretion in assessing contempt sanctions against a party for its expert witness’ non-appearance at a deposition; the party failed to show it made good faith efforts to produce the witness as directed in the court’s Rule 37 order. Read More
An 81-year-old plaintiff was entitled to calendar preference on showing she had a substantial interest in the suit and given her bad health, preference was needed to avoid prejudice. Read More
After reversal on appeal, the plaintiff must return to the defendant the subsidiary plaintiff seized in execution of judgment while an appeal was pending and is not entitled to compensation for losses the subsidiary sustained while in plaintiff’s hands. Read More
The Ninth Circuit declines interlocutory mandamus review of a denial of a motion to dismiss suit claiming that government policies exacerbated climate change; the Baumann factors governing such review were not satisfied. Read More
A real and immediate threat of injury from identity theft is sufficient to sustain a plaintiff’s Article III standing. Read More
Though no separate judgment was entered, the jury’s special verdict resolved all issues in the case, so the losing party’s 30-day time to appeal began to run out 150 days after entry of the verdict. Read More
A trial court erred in denying plaintiff enforcement of its $11 million judgment against defendant obtained in a court in Moscow, Russia, since defendant failed to establish any valid defense under the Uniform Foreign-Country Money Judgment Recognition Act and official court documents adequately proved sufficient service of process on defendant’s registered Moscow address. Read More
Sanctions were improperly awarded under CCP 128.7 since plaintiffs’ suit was not frivolous; they had a nonfrivolous argument that their agreement to settle a prior action did not release the defendants in this follow-on suit. Read More
