FindLaw Opinion Summaries - Civil Procedure

Daily civil procedure case summaries, brought to you by FindLaw.com.

Sviridov v. City of San Diego

(California Court of Appeal) - Affirming the judgment of costs to the City of San Diego following a contentious litigation involving the former employment with the police department because the plaintiffs claims that the award was improper lacked analysis or citation.
Posted: August 15, 2017, 8:00 am

Williby v. AETNA Life Insurance Co.

(California Court of Appeal) - Vacating and remanding a decision by the district court that an ERISA claimant's termination of benefits upon a finding that the recipient was not disabled was improper because the district court should have reviewed the denial only for abuse of discretion.
Posted: August 15, 2017, 8:00 am

In Re Howmedica Osteonics Corp.

(United States Third Circuit) - Issuing a writ of mandamus and directing the District Court to transfer the claims of two corporate defendants who were not parties to an agreement with a forum selection clause in the case of a multi-party lawsuit where all defendants sought transfer to a single district but some were parties to agreements that designated a forum, while others were not.
Posted: August 15, 2017, 8:00 am

Robins v. Spokeo, Inc.

(United States Ninth Circuit) - Reversing a district court dismissal for lack of standing under Article III of the US Constitution in the case of a man who complained that Spokeo was displaying a report about his personal information that included incorrect statements about his age, marital status, employment level, and other data because the plaintiff had indeed established an injury, a violation of his statutory rights.
Posted: August 15, 2017, 8:00 am

Sukumar v. City of San Diego

(California Court of Appeal) - Reversing and remanding a trial court order denying a plaintiff prevailing party attorney fees because actions taken under the Public Records Act are entitled to attorney's fees relating to the production of public records even where they fail to acquire a favorable final judgment.
Posted: August 15, 2017, 8:00 am

Visual Memory LLC v. NVIDIA Corporation

(United States Federal Circuit) - Reversing the district court's order finding that a patent that teaches computer memory systems variable speed and cost memory formats was ineligible subject matter and ruling that the plaintiff had failed to state a claim because an improvement to computer memory is not an abstract idea.
Posted: August 15, 2017, 8:00 am

Harshad and Nasir Corp. v. Global Sign Systems

(California Court of Appeal) - Reversing an order confirming arbitration awards and denying motions to vacate the confirmation of an arbitration award in respect to one defendant and issuing a writ of mandate directing the trial court to vacate orders against other parties for attorney fees because the wrong standards were applied in reviewing the arbitrator's award and the arbitrator exceeded their authority by deciding claims one party hadn't agreed to and adding a party as obligor under the award.
Posted: August 15, 2017, 8:00 am

Jacobs v. Coldwell Banker Residential Brokerage Company

(California Court of Appeal) - Affirming the grant of summary judgment to the defendant in the case of a plaintiff who was injured when, while inspecting a home offered for sale, the diving board he was standing on collapsed and he fell into the property's empty pool, because although the plaintiff claimed that they were also arguing the existence of a dangerous condition this claim was never pled and even if it had been it would have failed because the accident was not reasonably foreseeable.
Posted: August 14, 2017, 8:00 am

Hermes of Paris Inc. v. Swain

(United States Second Circuit) - Affirming the district court's diversity jurisdiction in a discrimination and hostile work environment suit in which a plaintiff argued that the lack of complete diversity in the suit, because the plaintiff and the Hermes employee whose acts gave rise to the suit both resided in the same state, left the court without subject matter jurisdiction to compel arbitration, but the court cited precedent that established that requiring complete diversity would undermine the intent of the Federal Arbitration Act.
Posted: August 14, 2017, 8:00 am

Vera v. The Republic of Cuba

(California Court of Appeal) - Reversing a district court decision in the case of a man suing Cuba for the extrajudicial killing of his father for lack of subject matter jurisdiction because Cuba was not designated as a state sponsor of terrorism at the time of the murder and, as a result, Cuba was entitled to protection under the Foreign Sovereign Immunities Act of 1976.
Posted: August 14, 2017, 8:00 am

Asarco LLC v. Atlantic Richfield Company

(United States Ninth Circuit) - Affirming that a settlement agreement entered into under authority other than the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may give rise to a CERCLA contribution action, and that a corrective measure under a different environmental statute can qualify as a response under CERCLA, but also finding that a company seeking contribution for payments made toward a settlement against another party that contributed to the subject pollution had not resolved its liability, triggering the statute of limitations, until much later than the district court had found, and vacating and remanding the case for this reason.
Posted: August 10, 2017, 8:00 am

Amgen Inc. v. Hospira Inc.

(United States Federal Circuit) - Dismissing an appeal and denying a writ of mandamus in the case of an appeal from a district court order denying the plaintiff's motion to compel discovery in a patent infringement case because there was no jurisdiction over the district court's order under the collateral order doctrine and the plaintiff failed to meet the requirements for a mandamus claim.
Posted: August 10, 2017, 8:00 am

Curci Investments, LLC v. Baldwin

(California Court of Appeal) - Reversing and remanding a case where a judgment creditor sought a reverse veil piercing in order to reach assets held by a judgment debtor because the case upon which the motion for the action was denied was distinguishable, thought the court of appeals left unanswered the question of whether there was sufficient justification to support the piercing.
Posted: August 10, 2017, 8:00 am

Airport Road Associates, LTD v. US

(United States Federal Circuit) - Reversing and remanding a case involving a group of limited partnerships seeking to exit a federal housing program through loan prepayment whose claims against the US were dismissed for lack of subject matter jurisdiction because the statute of limitations did not begin to run when a letter between the parties was determined to be a repudiation rather than a breach.
Posted: August 10, 2017, 8:00 am

In Re Pedro Lopez Munoz

(United States First Circuit) - Affirming the bankruptcy court's decision denying a creditor's motion to appoint a trustee for the bankruptcy estate to replace the debtor in possession of the estate because the petitioner for trusteeship failed to bear the burden of establishing the appointment's necessity, given the facts of the case.
Posted: August 9, 2017, 8:00 am

Jones v. Royal Administration Services, Inc.

(United States Ninth Circuit) - Affirming the district court's grant of summary judgment in favor of the defendant in an action under the Telephone Consumer Protection Act (TCPA) because they could not be held vicariously liable under the TCPA for calls made by telemarketers who were independent contractors and therefore not the defendant's agents as defined by federal common law.
Posted: August 9, 2017, 8:00 am

Surfrider Foundation v. Martins Beach LLC

(California Court of Appeal) - When developers bought some beach and closed off access to the public an organization representing surfers complained that they lacked the permits required to do so and the court issued an injunction requiring public access; the appeals court agreed that the appellant's conduct was development, that the injunction was not a government taking, that constitutional challenge to the permitting requirement was not ripe, and affirming the award of attorney's fees.
Posted: August 9, 2017, 8:00 am

City of Culver City v. Cohen

(California Court of Appeal) - Affirming the superior court's decision denying a petition for writ of mandate and determining that a scheme to successively reduce tax increment revenue to a city as a method of recapturing funds that were part of a wrongful transfer upon dissolution of a redevelopment agency because these methods are not authorized under the Dissolution Law rather than through the reversal of transfers, successive reductions in tax revenue, or mandamus.
Posted: August 7, 2017, 8:00 am

City of Pomona v. SQM North America Corp.

(United States Ninth Circuit) - Vacating a district court judgment that the defendant was not liable for causing perchlorate contamination of a city water system and holding that the court abused its discretion by limiting expert testimony for the city and failed to make sufficient findings before admitting the testimony of one of the plaintiff's experts.
Posted: August 7, 2017, 8:00 am

Ayala v. Dawson

(California Court of Appeal) - Affirming the decision that an action for fraud and other claims relating to allegations that the plaintiff was not a tenant but rather an equitable title holder of a property they occupied pursuant to an oral agreement with the property owner that had previously been the subject of an unlawful detainer action was collaterally estopped from re-litigating the claims in the new case.
Posted: August 4, 2017, 8:00 am

Orange County Water Dist. v. Innovative Plastics US LLC

(California Court of Appeal) - Affirming in part and reversing in part the case of a county water district suing polluters where defendants were the recipients of summary judgment and summary adjudication on all claims but some were improperly dismissed since the Hazardous Substance Account Act includes nonretroactivity provisions that weren't satisfied in some cases and triable issues of fact were raised in relation to others.
Posted: August 4, 2017, 8:00 am

In Re The Marriage of Garcia

(California Court of Appeal) - Affirming the support order issued in connection with a nullity of marriage action because the prior court order in an action for dissolution of marriage dismissed for failure to establish a valid marriage did not trigger the doctrine of res judicata because the actions involve different primary rights and the putative spouse order is not a final order.
Posted: August 4, 2017, 8:00 am

EEOC v. City of Long Branch

(United States Third Circuit) - Vacating and remanding the order of the District Court in the case of an Equal Employment Opportunity Commission subpoena enforcement action against a city seeking documents relating to a discrimination charge because the District Court erroneously treated the motion as a nondispositive matter, while it was truly dispositive and the Magistrate Judge should have sent a report to a District Judge for consideration.
Posted: August 2, 2017, 8:00 am

Esparza v. KS Industries, L.P.

(California Court of Appeal) - Affirming an order denying the motion to compel arbitration insofar as it denies arbitration of the Private Attorneys General Act representative claims seeking civil penalties that are paid to the Labor and Workforce Development Agency and directing additional proceedings to determine the plaintiff's intent regarding their pursuit of other claims in the case of a former employee alleging employment violations.
Posted: August 2, 2017, 8:00 am

Villa v. Maricopa County

(United States Ninth Circuit) - Affirming the dismissal of a putative class action against a county, applying a different analysis than the district court, in a case alleging wiretapping statute violations, because the plaintiff lacked standing for a class action suit and that the law enforcement officials involved were protected from damage judgments because they were acting in good faith.
Posted: August 2, 2017, 8:00 am

Goncalves v. Rady Children's Hospital San Diego

(United States Ninth Circuit) - Reversing a district court order remanding to state court an action that had been removed to federal court under the federal officer removal statute because the probate exception did not apply where there was no will or estate involved and the prior exclusive jurisdiction doctrine did not apply.
Posted: August 2, 2017, 8:00 am

US v. Stone

(United States Fourth Circuit) - Affirming the district court's rulings in the case of a mortgage fraud scheme where the defendant alleged a conflict of interest but the court found that the interest was not significant and the court's judgment would not substantially affect the companies involved and because the sentence and restitution order were not an abuse of discretion.
Posted: August 2, 2017, 8:00 am

Groden v. N&D Transportation Co., Inc.

(United States First Circuit) - Vacating and remanding an ERISA case where the district court dismissed the case and denied a motion for post-judgment relief because subject matter jurisdiction exists for such matters.
Posted: August 2, 2017, 8:00 am

Grimm v. Gloucester County School Board

(United States Fourth Circuit) - Remanding the case of a transgender student fighting school bathroom policies because the plaintiff had graduated during the pendency of the case to determine whether the issue has become moot.
Posted: August 2, 2017, 8:00 am

Alliance for the WIld Rockies v. Pena

(United States Ninth Circuit) - Affirming the district court's denial of a preliminary injunction challenging a forest restoration project because the court did not abuse its discretion where the movant failed to demonstrate serious questions or a likelihood of success with respect to the merits.
Posted: August 1, 2017, 8:00 am

Kaiser Foundation Health Plan, Inc. v. The Superior Court of Los Angeles County

(California Court of Appeal) - Issuing a preemptory writ of mandate directing the trial court to vacate a judgment confirming an arbitration panel's award and entering a new order dismissing a petition to vacate the award because the award was not an award for which the court held jurisdiction to confirm.
Posted: July 31, 2017, 8:00 am

US ex rel Carter v. Halliburton Co.

(United States Fourth Circuit) - Affirming the determination that the 'first to file' provision of The False Claims Act, preventing private individuals from bringing actions while a related action is pending, mandates dismissal of a private individual's claim brought while related actions are pending, even after the related actions have been dismissed and the individual's complaint has been amended.
Posted: July 31, 2017, 8:00 am

Baker v. Italian Maple Holdings, LLC

(California Court of Appeal) - Reversing the trial court's order denying defendant's motion to compel arbitration in the case of a woman entered into a nursing facility who executed an arbitration agreement that included a 30-day cooling off period for rescission during which time she died because the fact of her death did not render the agreements unenforceable.
Posted: July 31, 2017, 8:00 am

Watson v. US

(United States Second Circuit) - Reversing the judgment for the plaintiff on a false imprisonment claim that was untimely and affirming judgments against false imprisonment and negligence claims in the case of a US citizen who was imprisoned by the immigration service for more than three years on the mistaken belief that he was a deportable immigrant.
Posted: July 31, 2017, 8:00 am

Fuller v. Idaho Dept. of Corrections

(United States Ninth Circuit) - Vacating the summary judgment entered in favor of the defendant in a hostile work environment claim filed by a plaintiff who was raped by an Idaho Department of Corrections coworker because she had raised sufficient admissible evidence to avoid summary judgment.
Posted: July 31, 2017, 8:00 am

In Re Mainline Equipment, Inc.

(United States Ninth Circuit) - Affirming a Bankruptcy Appellate Panel affirmation of the bankruptcy court's summary judgment for the debtor in a proceeding to seek the avoidance of tax liens on the debtor's personal property because the county failed to perfect the lien as against a bona fide purchaser.
Posted: July 31, 2017, 8:00 am

Republic of the Marshall Islands v. US

(United States Ninth Circuit) - Affirming the district court's dismissal of a suit by the Republic of the Marshall Islands seeking a declaration that the US was in breach of its treaty obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and seeking a court order to compel the US to engage in good-faith negotiations because the article in question was not self-executing and such provisions are not judicially enforceable and involved political questions.
Posted: July 31, 2017, 8:00 am

Rush v. White Corporation

(California Court of Appeal) - Affirming the trial court's summary judgment against the plaintiffs for noncompliance with court rules in a case involving their purchase of lots and cabins in a proposed development that went bankrupt and in which they alleged fraud and negligence against multiple defendants but improperly cited material facts because the court's decision was not an abuse of discretion.
Posted: July 28, 2017, 8:00 am

Minnick v. Automotive Creations, Inc.

(California Court of Appeal) - Affirming the defendant's demurrer without leave to amend on the second amended complaint in the case of a former employee suing their former employer for vacation policies they said violated state law because the vacation policy provided that employees did not begin to accrue vacation time until after their first year of employment and the plaintiff's employment terminated during their first year and a waiting period for eligibility has been previously approved by the court.
Posted: July 28, 2017, 8:00 am

Conroy v. Wells Fargo Bank

(California Court of Appeal) - Affirming the dismissal of a lawsuit filed by a couple being foreclosed against alleging that there was misrepresentation and negligence associated with their contract with the lender and that the company never designated a single point of contact, as well as other contracts claims, but many of the causes of action were derivative to other causes of action that failed to plead reliance or damages and were not viable.
Posted: July 28, 2017, 8:00 am

Scott v. Chamber of Commerce of the United States of America

(United States Fourth Circuit) - Remanding the grant of a motion to remand to state court for using the wrong legal standard in a putative class action suit where a phone provider defendant alleged a class broader than that defined by the plaintiff in order to establish the number of members and amount in controversy to qualify for federal jurisdiction but did not establish that residents who purchased their phone in Maryland were also domiciled of the state.
Posted: July 28, 2017, 8:00 am

Virginia Properties, LLC v. T-Mobile Northeast, LLC

(United States Second Circuit) - Vacating and remanding a district court's imposition of sanctions because sanctions for bad faith are meant to be limited to the fees the innocent party incurred solely as a result of the misconduct.
Posted: July 28, 2017, 8:00 am

Northrop Grumman Technical Service, Inc. v. DynCorp International LLC

(United States Fourth Circuit) - Affirming the remand of a case involving a dispute between a government contractor and its subcontractor because the party seeking to remove to federal court filed an untimely notice to remove and had waived its right to remove by engaging in substantive defensive action in state court prior to filing a notice of removal by filing counterclaims in state court.
Posted: July 28, 2017, 8:00 am

Taylor v. Trimble

(California Court of Appeal) - Affirming the summary judgment for the defendants in the case of a child who drowned in a pool while under the care of his grandfather while guests at the respondents' home because the grandfather's supervision meant that the hosts were not negligent and owed no duty of care to protect the child and premises liability claims failed to raise a triable issue of fact as to causation.
Posted: July 27, 2017, 8:00 am

Toeppe v. City of San Diego

(California Court of Appeal) - Reversing the final judgment following a motion for summary judgment by the defendant city in the case of an injury that occurred when a tree branch fell on a woman walking through a city park because trail immunity did not apply and a disputed issue of material fact existed as to where the woman was when the tree branch struck her.
Posted: July 27, 2017, 8:00 am

Fabula v. American Medical Response, Inc.

(United States Second Circuit) - Vacating and remanding a qui tam claim alleging that the defendant medical company made false statements and submitted false claims for reimbursement under Medicare and Medicaid and retaliated against the plaintiff for his refusal to falsify a document that was dismissed for failure to allege with specificity and because the lower court felt that the refusal to falsify was not protected activity, holding that the claim was sufficient in the qui tam context and that the refusal to falsify was protected, given the circumstances.
Posted: July 27, 2017, 8:00 am

Crossroads Investors, L.P. v. Federal National Mortgage Association

(California Court of Appeal) - Reversing the trial court's denial of an anti-SLAPP motion filed by the defendant, Fannie Mae, in an action brought against them for wrongful foreclosure, breach of contract, fraud, and other torts because the complaint arose form their exercise of their rights to free speech and petition.
Posted: July 26, 2017, 8:00 am

Mulder v. Kohl's Department Stores, Inc.

(United States First Circuit) - Affirming the dismissal of claims brought against Kohl's by a customer whose items displayed a 'comparison price' that allegedly were not based on former retail prices for a failure to state a claim and affirming that the court's decision not to permit leave to amend the complaint was not an abuse of discretion.
Posted: July 26, 2017, 8:00 am

Shaulis v. Nordstrom, Inc.

(United States First Circuit) - Affirming the dismissal of a case brought by a Nordstrom customer who purchased a fifty dollar sweater whose tag said 'compare at' a price of more than two hundred dollars, alleging that the sweater had never been sold by anyone at that price, agreeing that the plaintiff had failed to state a claim.
Posted: July 26, 2017, 8:00 am

The Estuary Owners Assn. v. Shell Oil Co.

(California Court of Appeal) - Affirming trial court rulings that causes of action for negligence were barred by the three-year statute of limitations but reversing summary judgment ruling as to causes of action for nuisance that were not barred by the 10-year statute of repose in the case brought by condo owners for the allege contamination of soil and groundwater at the site of their homes.
Posted: July 26, 2017, 8:00 am