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
After trial court clerk improperly posted copy of confidential pleading that revealed plaintiff’s true name in his revenge porn lawsuit (in which plaintiffs are ordinarily permitted to proceed anonymously), the trial court compounded the error by ruling that all future filings would have to be in plaintiff’s real name. Read More
To support an award of damages for lost earning capacity, plaintiff must introduce evidence showing the career it is reasonably probable plaintiff would have pursued but for the tortious injury and the amount plaintiff would have earned in that career. Read More
When a motion to dismiss raises a question of foreign law, the court may consider declarations or other "evidentiary" material regarding the content of relevant foreign law without converting the motion into a summary judgment motion; here, the Court of Appeal held that a French “astreinte” award was an enforceable foreign damage judgment, not an unenforceable penalty. Read More
Compliance with the Government Tort Claims statute's claim presentation requirement may be alleged generally—as by checking a box on the Judicial Council form complaint stating that "Plaintiff … has complied with applicable claims statutes.” Read More
When cases are merely related—as opposed to consolidated—transfer of one of them to a new judge based on an effective 170.6 challenge does not require or allow transfer of the other related case in which no challenge is filed. Read More
The six-month limitations period under the federal Railway Labor Act was equitably tolled by time expended while the parties brought their dispute before the Railway Mediation Board. Read More
The SEC may sue for violation of its Rule 13a14, which requires CEOs and CFOs to personally verify the accuracy of financial reports, if the verification is false, as well as if no verification is provided. Read More
A superior court lacks jurisdiction to hear a suit challenging the Public Utilities Commission’s response to a public records request. Read More
The limitations period for a doctor’s claim for payment of services rendered insured patients is not tolled while the doctor invokes the insurer’s internal process for appealing claim denials. Read More
In cases involving the Freedom of Information Act, summary judgment decisions are reviewed de novo. Read More
Trial court did not abuse its discretion in granting plaintiff’s motion for discretionary relief from summary judgment after plaintiff’s attorney declared that he made fatal mistakes in opposition to summary judgment motion because of illness and side effects from medication. Read More
For the first time, this decision holds that the rule barring attorneys from vouching for a witness’ credibility in closing argument applies to civil as well as criminal cases, but because the rule’s application to civil cases was not clear before, the district court did not commit plain error in failing to strike the forbidden argument sua sponte. Read More
The district court had subject matter jurisdiction if complete diversity actually existed when the complaint was filed, even if the complaint failed to allege it properly, so the district court properly denied defendant’s motion to vacate a summary judgment for lack of subject matter jurisdiction after the plaintiff submitted evidence of complete diversity in opposition. Read More
Defendant corporation was subject to specific (though not general) personal jurisdiction in California, since it was not necessary for the plaintiffs to be California residents or to have claims that arise directly out of defendants' California-related activities in order for their claims to “arise out of or be related to” the defendant’s forum-directed activities. Read More
Failure to recite all the evidence on an issue waives a substantial evidence attack on appeal. Read More
Los Angeles ordinance setting $15.75 minimum hourly wage is not pre-empted by the National Labor Relations Act. Read More
