A party may file a second § 170.6 challenge against the trial judge if the same judge is assigned to hear a retrial of the case after a reversal on appeal, but only if the appeal was from a final judgment rather than an interlocutory order. Read More
The Securities Litigation Uniform Standards Act does not confer federal jurisdiction over a complaint alleging state law securities claims within the exception to SLUSA's general prohibition of state law securities class actions, except for the limited purpose of determining whether a putative class action is banned by SLUSA's general preclusion of such suits. Read More
The trial court erred in awarding damages in the amount of the difference between the amount of commission the parties sought in a separate suit against a third party and the amount for which they settled that suit, since the outcome of the lawsuit if prosecuted to completion was merely a matter of speculation. Read More
Upon reversal on appeal, the appellant is entitled, in the trial court's discretion, to restitution of amounts paid or other value lost under the reversed judgment, and may seek this restitution via motion without any need for a separate cross-complaint. Read More
Plaintiff was entitled to a new trial because the jury’s damages award did not match the cause of action on which the jury found liability. Read More
University’s procedures prior to imposing discipline on male student for an alleged sexual assault were adequate to protect the accused’s rights. Read More
Trial court did not abuse its discretion by allowing a local governmental entity to pay a $17 million judgment against it in up to 10 annual installments, since the entity presented evidence that paying the judgment in a lump sum would constitute an "unreasonable hardship." Read More
An execution sale following a judgment is absolute and cannot be set aside for any reason, not even on grounds of extrinsic fraud. Read More
Debtor who failed to appeal within the 14-day bankruptcy appeal deadline from an order denying his third motion to reconsider denial of motion for sanctions for violation of the automatic stay, could not cure the untimeliness of the appeal by use of a petition for writ of mandate. Read More
An initial motion for relief from default due to attorney fault is not considered a motion for reconsideration, so it need not show new law or facts which are ordinarily needed to support a motion for reconsideration. Read More
If all existing named parties consent to magistrate judge jurisdiction, the magistrate judge may rule on a motion to intervene even if the prospective intervenor does not consent. Read More
In a suit by a California resident against a Texas company that refurbished cellphones, the state of California lacked personal jurisdiction over the defendant because, although the Texas company was owned by a California corporation with overlapping executive personnel, there was insufficient evidence that the Texas company was the California parent's agent or that it purposefully directed its injurious activities… Read More
The filing of a complaint tolls the statute of limitations for claims that the defendant pleads in a cross-complaint in the same action, regardless whether the cross-complaint is compulsory or permissive. Read More
Plaintiff states lacked parens patriae standing to challenge California’s law about conditions under which hens may be kept if their eggs are to be sold in California, since the law’s financial burden falls on individual egg producers, not the plaintiff states’ citizens in general. Read More
A general denial to an interpleader complaint is insufficient to raise any issue for trial as to defendant's claimed interest in the interpleaded funds; rather, a factually pleaded cross-complaint is required instead. Read More
A successor corporation that carries on a judgment debtor's business under a new business name may be added as a judgment debtor to a default judgment without proof that it controlled the litigation, but individuals may not be so added unless they are the corporation’s alter ego and had control over the original litigation. Read More
The one-year limitations period governing medical malpractice actions (CCP 340.5) governs a claim of injury suffered on a fall from a hospital gurney, since gurney transport was under a doctor’s orders and was integral to the patient’s treatment. Read More
The district court abused its discretion in denying plaintiff's Rule 60(b)(1) motion for relief from dismissal due to its having filed an amended complaint two days after the deadline, since there was no prejudice, no bad faith, and the short delay was attributable to a reasonable misunderstanding of the district court’s docketing practices. Read More
Trial court did not abuse its discretion in denying defendant a pre-trial continuance based on the fact that its attorney is a member of the state legislature, since the statute upon which the continuance request was based is directory rather than mandatory, and the trial court properly found that granting the continuance would harm the plaintiff while denying it would… Read More
A claim of childhood sexual abuse brought against a government agency is exempt from the requirement of filing a government claim before suing even if the abuse is not alleged to have been committed by the agency’s employee, volunteer, representative or agent. Read More
