Civil Procedure

Complaint and summons may be served by mail on a defendant in a foreign country so long as authorized by the forum jurisdiction’s laws and not objected to by the foreign country.  Read More

For purposes of the venue statute governing patent cases, a corporation “resides” only in its state of incorporation.  Read More

A court may expand a vexatious litigant pre-filing order to bar new suits or appeals even if filed by an attorney if the litigant has evaded the prior pre-filing order by using an attorney to file more frivolous litigation.  Read More

On a motion to add more lawsuits to a coordinated proceeding, the coordination trial judge must accept the original coordination decision and grant the motion if the additional lawsuits are substantially similar to those already coordinated.   Read More

In analyzing a defendant's forum non conveniens motion in a suit brought in California by a plaintiff who is not a California resident, the plaintiff's choice of forum is entitled to little deference. Read More

Resolution of the underlying lawsuit (here by a settlement) does not automatically moot an appeal by a person who unsuccessfully sought to intervene in the action, so long as effective relief may still potentially be awarded the would-be intervenor. Read More

Exercising its inherent power, a federal court may award attorney fees as a sanction; however, unless criminal contempt procedures are followed, the sanction cannot exceed the amount of attorney fees the opposing party would not have incurred but for the sanctionable conduct.  Read More

Other than the elderly person, herself, only her court-appointed guardian may sue on her behalf under the Elder Abuse and Dependent Adult Civil Procedure Act.  Read More

The parties’ express or implied consent necessary for a commissioner to act as a judge was missing here since the pro per parties were not told the judicial officer was a commissioner or that she could act as judge only with their consent.  Read More

A trial court's order denying a party's demand for a jury trial is reviewable before trial by petition for a writ of mandate.  Read More

The claims in pro per plaintiff’s second amended complaint were time-barred because his initial complaint—filed before the limitations period had expired—was so deficient that it did not put the defendant on notice of any claim.  Read More

If a suit is dismissed on forum non conveniens grounds, the defendant is not entitled to an attorney fee award as the prevailing party, at least if the plaintiff can and does re-file suit in the other forum. Read More

A federal appellate court reviews a district court’s decision to enforce or quash an administrative subpoena for abuse of discretion.  Read More

A federal appellate court has jurisdiction over claims against an appellee not named in the notice of appeal if the opening brief shows the appellant challenges portions of the judgment affecting that appellee.  Read More

Under California’s conflicts of law rules, California law governed execution of a judgment on the husband’s guaranty against the Arizona couple’s jointly owned San Francisco apartment.  Read More

Although a subsidiary's contacts cannot by themselves give rise to general personal jurisdiction over the parent company under an agency theory, the subsidiary's contacts might suffice if parent and subsidiary were alter egos; but in this case, plaintiffs did not allege facts supporting an alter ego relationship, so personal jurisdiction did not attach Read More

Referee’s award of discovery sanctions in excess of $5000 was as appealable as if it had been signed by a judge of the superior court, since an analysis of the stipulation and order appointing the referee indicated it was a general reference.  Read More

"Affiliate" means a person in a dependent or subordinate relationship with another, not just anyone with some sort of connection to the other; so a settlement agreement’s release did not extend to the lessor of released defendants and plaintiff’s suit against that entity could proceed.  Read More

A district court or Bankruptcy Appellate Panel order which reverses a bankruptcy court order in part and remands for additional fact-finding is not a final appealable judgment, nor is it otherwise appealable absent certification.  Read More

In extraordinary circumstances, a Court of Appeal may issue a precedential decision denying a writ petition without first issuing an order to show cause or alternative writ, if it gives the parties ample notice of its proposed action.  Read More