FindLaw Opinion Summaries - Civil Procedure

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

Best Auto Repair Shop, Inc. v. Universal Insurance Group

(United States First Circuit) - Affirming the district court's grant of summary judgment dismissing the plaintiff's claims in the case alleging that insurance companies had unlawfully interfered with the plaintiff's right to make or enforce existing and prospective contracts with their insureds or third party claimants by excluding a repair shop and because the owner is black and Dominican because issues were waived or improperly pleaded.
Posted: November 16, 2017, 8:00 am

Cornell v. City and County of San Francisco

(California Court of Appeal) - Affirming the jury verdict for tortious interference with economic advantage, Civil Code violations, attorney fees, and costs in the case of a police officer trainee who was wrongly arrested and held while taking a morning run because there was sufficient evidence to support the decisions, damages awards, and verdict.
Posted: November 16, 2017, 8:00 am

In Re: Micron Technology, Inc.

(United States Federal Circuit) - Granting a petition for writ of mandamus to set aside the district court denial of a company's motion to dismiss or transfer the case for improper venue in a patent infringement lawsuit between Harvard and Micron because the district court misapplied the Federal Rule of Civil Procedure in finding that Micron had waived its venue objection.
Posted: November 15, 2017, 8:00 am

Whitehall v. County of San Bernadino

(California Court of Appeal) - Affirming the trial court's denial of a special motion to strike the complaint made by a County being sued by an ex-employee who was terminated for releasing information that she had been submitting false information to the juvenile court at the behest of her superiors because the plaintiff met her burden in showing her likelihood of success.
Posted: November 15, 2017, 8:00 am

Central Laborers Pension Fund v. McAfee, Inc.

(California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants
Posted: November 15, 2017, 8:00 am

Ralphs Grocery Company v. Victory Consultants, Inc.

(California Court of Appeal) - Reversing the superior court's order that the plaintiff grocery stores had failed to demonstrate a probability of succeeding on the merits of their cause of action in trespass against a consultancy that placed agents seeking signatures on petitions on their sidewalk because the acts constituting trespass are not themselves protected activities and the appellants carried the minimum burden of showing a probability of succeeding on the merits.
Posted: November 15, 2017, 8:00 am

Amoah v. McKinney

(United States First Circuit) - Affirming the district court's decision to grant the defendant's motion to strike the plaintiff's statement of facts and granting summary judgment on the remaining record in a case where a tractor trailer rear-ended the plaintiff's passenger vehicle because expert opinions that were necessary to prevail hadn't been filed by the plaintiff until months after the deadline for expert disclosures had passed.
Posted: November 13, 2017, 8:00 am

Promega Corp. v. Life Tech

(United States Federal Circuit) - Affirming the district court decisions in motions for judgment as a matter of law to the defense where the plaintiff failed to prove its infringement case and the denial of the plaintiff's motion for a new trail on damages and infringement when decisions formerly reversing these motions were overturned by the Supreme Court and returned to the appellate division for reconsideration of a patent infringement case.
Posted: November 13, 2017, 8:00 am

M. v. Falmouth School Department

(United States First Circuit) - Affirming the district court's denial of a motion to amend the complaint following the return of a case to district court because the appeals court's decision had ended the dispute and become the law of the case prior to the plaintiff's attempt to amend.
Posted: November 13, 2017, 8:00 am

Allco Renewable Energy Ltd. v. Massachusetts Electric Company

(United States First Circuit) - Affirming the dismissal of an action by a private energy company against the utility companies because the Public Utility Regulatory Policies Act does not provide a private right of action against utility companies and affirming the denial of a motion for additional relief against various Massachusetts Department of Public Utilities officials because the court did not abuse its discretion in doing so.
Posted: November 13, 2017, 8:00 am

Vasilenko v. Grace Family Church

(Supreme Court of California) - Holding that a church did not owe its invitees a duty to prevent injuries that resulted from crossing a public street between the church's overflow parking lot and the church itself because the street's dangers were not obscured or magnified by any condition on the landowner's premises or any action taken by them.
Posted: November 13, 2017, 8:00 am

Medley Capital Corporation v. Security National Guaranty, Inc.

(California Court of Appeal) - Affirming the denial of an anti-SLAPP motion to dismiss a suit for malicious prosecution filed by a company that had no involvement in the transaction at the center of a previous lawsuit where the plaintiff in the malicious prosecution suit had advised the other parties who had refused to settle the case because the plaintiff was able to demonstrate that it had demonstrated the probability of success on its claim as required by the anti-SLAPP analysis.
Posted: November 13, 2017, 8:00 am

Arias v. Gutman, Mintz, Baker and Sonnenfeldt LLP.

(United States Second Circuit) - Vacating and remanding the district court's dismissal of a lawsuit in which a man claimed that a law firm violated the Fair Debt Collection Practices Act by filing a false, deceptive, and misleading affirmation in New York state court and by maintaining a restraint on his bank account in bad faith because the plaintiff's complaint successfully stated a claim.
Posted: November 13, 2017, 8:00 am

Yelp, Inc. v. Superior Court of Orange County

(California Court of Appeal) - Affirming the trial court's ruling that Yelp lacked standing to assert the First Amendment rights of an anonymous reviewer whose identity was sought in connection with a defamation claim, finding no error in the determination that the plaintiff made a prima facie showing that the comments made by this person were defamatory, and concluding that this finding was sufficient to support the court order compelling the production of subpeonaed documents, for which reason the petition for writ of mandate was denied, but also finding the opposition to the motion to compel was substantially justified and reversing the order of sanctions against Yelp.
Posted: November 13, 2017, 8:00 am

Williams v. King

(United States Ninth Circuit) - Vacating a magistrate judge's dismissal of an action brought by a civil detainee that was dismissed prior to the service of process for failure to state a claim because the consent of all plaintiffs and defendants named in the complaint, irrespective of service of process, is required before jurisdiction vests in the magistrate judge.
Posted: November 9, 2017, 8:00 am

San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego

(California Court of Appeal) - Reversing the trial court's dismissal of a plaintiff's complaint because plaintiff taxpayers had standing under Government Code section 1092 to challenge a municipal ordinance authorizing the issuance of bonds to refinance the defendant's obligations with respect to the construction of a baseball park on the grounds that participants in the proposed transaction violated conflict of interest provisions of the law.
Posted: November 9, 2017, 8:00 am

Padron v. Watchtower Bible and Tract Society of New York, Inc.

(California Court of Appeal) - Affirming the superior court's imposition of monetary sanctions against the defense for their failure to produce discovery pursuant to a court order because the court has considerable discretion to manage discovery and the party willfully refused to comply with the courts orders.
Posted: November 9, 2017, 8:00 am

Estate of Victor Reed

(California Court of Appeal) - Rejecting the appeal of a trial court decision removing a man as the personal representative of a probate estate because the court had stated its decision to remove him and expressly reserved jurisdiction to issue a further statement of its reasons and the order, meaning that the appeal, filed before the issuance of that statement, was untimely because the order was not yet final.
Posted: November 8, 2017, 8:00 am

In Re: Grand Jury Subpoena

(United States Ninth Circuit) - Affirming the district court denial of a motion to quash the grand jury subpoena duces tecum that would require Glassdoor, a company that provides anonymous reviews, to provide identifying information for eight users who posted anonymous reviews of a company on their website because the good-faith test of Branzburg v. Hayes showed that the subpoena did not violate the users First Amendment rights.
Posted: November 8, 2017, 8:00 am

Oregon State University v. The Superior Court of San Diego County

(California Court of Appeal) - Granting a petition for peremptory writ of mandate and directing the superior court to vacate an order overruling Oregon State's demurrer to a plaintiff's first amended complaint because the Oregon Tort Claims Act's claims notice provision is entitled to full faith and credit in California and does not conflict with or violate California's public policy, but also granting the plaintiff leave to amend their complaint to plead facts showing compliance with the provision.
Posted: November 8, 2017, 8:00 am

Hamer v. Neighborhood Housing Services of Chicago

(United States Supreme Court) - Vacating and remanding a case in which the Court of Appeals held that it lacked jurisdiction over a tardy appeal because it had misinterpreted the Federal Rule of Appellate Procedure, Rule 4(a)(5)(C) as a jurisdictional time proscription when it is, in fact, a court-made mandatory claim-processing rule that may be waived or forfeited.
Posted: November 8, 2017, 8:00 am

Diaz v. Professional Community Management, Inc.

(California Court of Appeal) - Concluding that a defendant and their counsel unilaterally created an appeal-able order by making a motion in bad faith with the intention of creating a series of appeals that would forestall and damage the ability to proceed to trial and affirmed the denial of a motion to compel arbitration filed 11 days before the scheduled trial on its merits and imposing monetary sanctions on the defense an counsel for bringing a frivolous appeal.
Posted: November 8, 2017, 8:00 am

Maine Uniform Rental, Inc. v. Nova Star

(United States First Circuit) - Affirming the district court's judgment limiting the in rem maritime lien claim of a Maine linen company that supplied linens for a cruise line that ended with a pile of unpaid invoices because such maritime liens can only apply to 'necessaries' and linens ceased to be necessary at the termination of the underlying agreement and inventory remaining in the linen company's warehouse was not 'delivered' in a manner as to create a maritime lien for its replacement cost.
Posted: November 7, 2017, 8:00 am

Mendia v.Garcia

(United States Ninth Circuit) - In a civil procedure action, arising from a Bivens claim brought against ICE agents and the U.S. Department of Homeland Security, the court held that a limited remand under Federal Rule of Appellate Procedure 12.1(b) is permissible without first moving for a targeted indicative ruling under FRCP 62.1 when, as here, a pending interlocutory appeal on a claim deprives the district court of jurisdiction over it.
Posted: November 3, 2017, 8:00 am

Axiom Foods, Inc. v. Acerchem Int'l

(United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California.
Posted: November 1, 2017, 8:00 am

Bascunan v. Elsaca

(United States Second Circuit) - In a civil RICO action, alleging defendant stole millions of dollars from plaintiff, his cousin, while holding power of attorney through several fraudulent financial schemes, the district court's order granting defendant's motion to dismiss is reversed where: 1) some of plaintiff's alleged injuries to property in the United States meet the domestic injury requirement for civil RICO liability under RJR Nabisco v. European Community, 136 S. Ct. 2090 (2016); and 2) defendant's alleged transfer of stolen funds to the United States fails to transform an otherwise foreign injury into a domestic one.
Posted: October 31, 2017, 8:00 am

Keane v. HSBC Bank USA

(United States First Circuit) - In a civil procedure action, the district court's dismissal of plaintiff's case after his attorney failed to appear at a scheduled motion hearing is reversed for abuse of discretion where there was no suggestion of intentional failure to appear, no prior neglect by counsel to appear, the district court gave no notice that failure to appear would result in dismissal with prejudice, and plaintiff's claims would be left without a single merits determination.
Posted: October 31, 2017, 8:00 am

Denton v. City and County of San Francisco

(California Court of Appeal) - In an employment discrimination action, the trial court's grant of defendant's motion for summary judgment is reversed where defendant's ex parte application to set aside an agreed settlement that plaintiff had no meaningful opportunity to oppose was an abuse of discretion.
Posted: October 30, 2017, 8:00 am

Dufort v. City of New York

(United States Second Circuit) - Affirming that the due process claims of a man involved in a bar brawl that resulted in a death who was later found not-guilty at trial failed as a matter of law, but vacating and remanding the grant of summary judgment as to false arrest and malicious prosecution claims because there were disputed questions of material fact relating to key aspects of the investigation and prosecution that precluded the grant of qualified immunity at summary judgment.
Posted: October 27, 2017, 8:00 am

Butenschoen v. Flaker

(California Court of Appeal) - Reversing a judgment of default in a case involving defendants who refused to leave a property because the denial of a motion to quash an unlawful detainer summons in trial court may not restrict a defendant's responsive pleading to an answer, as was the case here.
Posted: October 26, 2017, 8:00 am

City of West Hollywood v. Kihagi

(California Court of Appeal) - Affirming the trial court's determination that the defendant violated their settlement agreement with the City that permanently enjoined her from terminating tenancies at a location but because the permanent injunction issued was unenforceable it was reversed, as well as an associated attorney fee award.
Posted: October 26, 2017, 8:00 am

M.F. v. Pacific Pearl Hotel Management, LLC

(California Court of Appeal) - Reversing and remanding the superior court's dismissal of a claim under the California Fair Employment and Housing Act brought by a housekeeping employee who was raped by a drunk non-employee trespasser that the employer knew or should have known was on the premises and had aggressively propositioned other employees prior to the attack because the claims were sufficient under the statute to survive the employer's demurrer.
Posted: October 26, 2017, 8:00 am

YDM Management Co., Inc. v. Sharp Community Medical Group, Inc.

(California Court of Appeal) - Affirming the grant of summary judgment to the defendant in a case involving a management company against a medical group seeking reimbursement for emergency medical services provided to its members that were required by regulation but not required under the contract between the companies because the claims submitted by the management company lacked the Current Procedural Technology codes that identified the services provided as emergency services.
Posted: October 25, 2017, 8:00 am

Foltz v. Johnson

(California Court of Appeal) - Affirming the grant of summary judgment in an action alleging negligence by a woman's former fiance when a dirt bike ride resulted in her being thrown from the vehicle and suffering a paralyzing spinal injury because her agreement to go dirt biking resulted in a primary assumption of risk and there were no triable issues of fact regarding whether the defendant engaged in reckless conduct totally outside the range of activity involved in off-road dirt biking.
Posted: October 25, 2017, 8:00 am

Midbrook Flowerbulbs Holland B.V. v. Holland America Bulb Farms

(United States Ninth Circuit) - Affirming the district court's order grant of summary judgment in favor of the plaintiff and denying the defense's discovery request in a diversity action seeking recognition of a Dutch court judgment under Washington's Uniform Foreign-Country Money Judgments Recognition Act (UFCMJRA) because, although the foreign proceedings were quite different procedurally than they might have been stateside, the legal standard governing the UFCMJRA only requires that the foreign proceedings did not deny the party fundamental fairness.
Posted: October 25, 2017, 8:00 am

In Re Pursuit Capital Management, LLC.

(United States Third Circuit) - Affirming the district court's dismissal as moot a claim filed challenging a bankruptcy trustee's ability to sell certain property because the complaining party had failed to obtain a stay of the court's approval of the sale in a prior action.
Posted: October 24, 2017, 8:00 am

Curtis Engineering Corporation v. The Superior Court of San Diego County

(California Court of Appeal) - Granting the petition for writ of mandate in a case involving professional negligence in which the attorney for a plaintiff failed to file a certificate declaring that a consultation and opinion from an expert in the field had been acquired in support of the action until after the expiration of the statute of limitation and more than 60 days after the filing of the complaint because such notices are required on or before the date of service of the complaint and no adequate excuse for not doing so had been proffered.
Posted: October 23, 2017, 8:00 am

Andrews v. Target Pharmacy

(United States First Circuit) - Affirming the entry of an order of summary judgment against the defendant in a case where there were multiple deadline extensions granted to submit the documentation necessary to admit expert testimony that the defendant failed to meet because it was not an abuse of discretion to refuse to reopen discovery after the defense's repeated failure to comply with deadlines and submit the necessary documentation.
Posted: October 23, 2017, 8:00 am

P. v. Shine

(California Court of Appeal) - Reversing and remanding a trial court grant of a trustee's petition for advanced fees from the trust to defend their continuing control of the trust in a case where the Attorney General was petitioning for their removal for mismanagement because the probate court applied an incorrect legal standard in coming to its decision.
Posted: October 23, 2017, 8:00 am

Kendall v. Scripps Health

(California Court of Appeal) - Affirming the denial of a motion to certify a proposed class of self-pay patients in a case involving uninsured emergency room visits where the plaintiff complained that services were charged to the uninsured at a higher rate than they are compensated through insurer reimbursement because the trial court correctly concluded that there was not substantial evidence of predominant common issues of law and fact and hadn't proposed feasible methods of identifying members of the class.
Posted: October 23, 2017, 8:00 am

Morrill v. Scott Financial Corporation

(United States Ninth Circuit) - Affirming the district court's dismissal of an action brought by an attorney and his law firm in Arizona alleging abuse of process and wrongful institution of civil proceedings by a North Dakota corporation for lack of personal jurisdiction in a case where the lawyers claimed that the defendants had engaged in a campaign to harm them during prior litigation in Nevada in which they represented adverse parties because the defendants all resided out of state and did not have contacts in Arizona sufficient to establish specific personal jurisdiction over them.
Posted: October 23, 2017, 8:00 am

In Re Aiden L.

(California Court of Appeal) - Vacating an order terminating parental rights and remanding a case where the Los Angeles juvenile court properly exercised temporary emergency jurisdiction over a child whose home state was Arizona because the court failed to contact Arizona and allow that state to assert its jurisdiction over the child prior to the entry of the order terminating parental rights or otherwise rule on their jurisdiction over the child.
Posted: October 23, 2017, 8:00 am

Insurance Brokers West, Inc. v. Liquid Outcome, LLC

(United States First Circuit) - Affirming the district court dismissal of a claim for breach of contract because the courts agreed that there was no chance that the plaintiff would recover more than $75,000 if they prevailed in the action and, as such, the claim did not meet the amount-in-controversy requirement for diversity jurisdiction.
Posted: October 23, 2017, 8:00 am

Yu v. Hasaki Restaurant, Inc.

(United States Second Circuit) - Granting leave to file a petition and granting that petition upon determining that a timely filed notice of appeal is sufficient to invoke appellate jurisdiction over a Section 1292(b) petition in the case of a dispute between a sushi chef and the restaurant where they worked.
Posted: October 23, 2017, 8:00 am

Harrington v. City of Davis

(California Court of Appeal) - Affirming the denial of a petition for administrative writ of mandate asking the trial court to set aside a conditional use permit granted to therapists allowing them to operate a professional space in a residential-zoned property filed by the space's neighbor because the petition speculated as to future potential violations that hadn't occurred and the City Counsel's findings supporting the grant of the use permit were legally sufficient and supported by substantial evidence.
Posted: October 20, 2017, 8:00 am

In Re MPM SIlicones, LLC

(United States Second Circuit) - Largely affirming the lower court's support of a Chapter 11 reorganization plan despite creditor complaints that it eliminated or reduced the value of notes that they held because it comported with the Chapter 11 requirements, but remanding to address a deficiency relating to the determination of the proper interest rate under the cramdown provision of Chapter 11.
Posted: October 20, 2017, 8:00 am

Comerica Bank v. Runyon

(California Court of Appeal) - Reversing, as to the husband, the denial of a motion for contribution contending that he paid more than his proportional share in the liquidation of community property to satisfy a joint and several judgment for breach of guaranty against him and other defendants when formerly community property severally held by his ex wife was sold to satisfy the debt judgment because the trial court incorrectly denied the motion as untimely when it misinterpreted the date upon which the judgment became satisfied in full.
Posted: October 20, 2017, 8:00 am

Brinkley v. Monterey Financial Services, Inc.

(United States Ninth Circuit) - Vacating the district court's order granting the plaintiff's motion to remand a putative class action to the California state court in a case alleging that Monterey Financial Services Company recorded or monitored its telephone conversations without giving notice of that fact because although the district court felt that the high percentage of those affected were Californians, meriting removal to state court, the panel held that the plaintiff could not remand an otherwise valid Class Action Fairness Act case to state court because the size of the entire class was unknown and the plaintiff failed to prove that two thirds of the class members were California citizens.
Posted: October 20, 2017, 8:00 am

Davidson v. Kimberly-Clark Corporation

(United States Ninth Circuit) - Reversing the district court's dismissal of a Class Action Fairness Act claim brought in state court and removed to federal court involving false advertising relating to flush-able cleansing wipes because the district court erred in dismissing the complaint on the ground that the plaintiff failed to allege facts showing how she came to believe the wipes were not flush-able because no authority requires a plaintiff to allege how they came to believe a wrongdoing occurred when bringing a consumer fraud claim.
Posted: October 20, 2017, 8:00 am

Lyons v. Colgate-Palmolive Company

(California Court of Appeal) - Reversing the trial court's grant of summary judgment to the defendant Colgate-Palmolive in a product liability claim relating to a woman's allegation that she developed mesothelioma from the use of a cosmetic talcum powder containing asbestos because the record contained substantial evidence creating a triable issue as to whether the talc contained asbestos that could be found to have been a substantial cause of the plaintiff's illness.
Posted: October 19, 2017, 8:00 am