FindLaw Opinion Summaries - Civil Procedure

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

Randall v. DiTech Financial, LLC

(California Court of Appeal) - Reversing and remanding the dismissal of an action for violation of the Fair Debt Collection Practices Act and state unfair competition law because the causes of action stated or can be amended to state viable claims in a case involving the foreclosure sale of a home following significant payments.
Posted: May 24, 2018, 8:00 am

Diaz v. Grill Concepts Services, Inc

(California Court of Appeal) - Affirming the trial court's order finding an employer liable for waiting time penalties in a case involving the nonpayment of wages required by law when they fired them because the nonpayment was found to be willful where the employer suspected the required wage had gone up but continued paying the old wage after a halfhearted investigation and later made the unreasonable argument that the wage law was unconstitutionally vague.
Posted: May 24, 2018, 8:00 am

Abed v. Western Dental Services, Inc.

(California Court of Appeal) - Reversing in part and reinstating a California Fair Employment and Housing Act claim in the case of a pregnant woman who was falsely told by a potential employer that they were not hiring because although she never applied for a job she raised triable issues of material fact as to whether she was discriminated against when they made these misstatements.
Posted: May 23, 2018, 8:00 am

Ortiz Rivera v. US

(United States First Circuit) - Vacating and remanding the district court's dismissal of the Federal Tort Claims Act suit for the wrongful death alleging that Immigration and Customs Enforcement negligently shot a man because the notice sent to the Federal Bureau of Investigation and later forwarded to ICE arrived at the agency on the last day of the period, but wasn't accepted until after the period lapsed. On remand the court needed to determine whether this satisfied the law's requirements.
Posted: May 23, 2018, 8:00 am

Huff v. Securitas Security Services USA, Inc.

(California Court of Appeal) - Affirming an order granting a new trial to a man who sought penalties under the Private Attorneys General Act for Labor Code violations, some of which affected him personally, and some of which didn't, because PAGA allows an aggrieved employee affected by at least one Labor Code violation to pursue penalties for all Labor Code violations committed by the employer.
Posted: May 23, 2018, 8:00 am

Bradley v. Sugarbaker

(United States First Circuit) - Affirming a district court judgment in favor of a doctor, the second in his favor in the same suit relating to complications arising from a surgical biopsy, because the admission of entries from the woman's diary under the residual exception to the hearsay rule, the admission of records from another hospital under the business records exception, and the determination that the plaintiffs had waived their medical negligence claim would be harmless errors, if they were indeed in error at all.
Posted: May 23, 2018, 8:00 am

Raines v. Coastal Pacific Food Distributors

(California Court of Appeal) - Reversing the grant of summary adjudication for the defense in a Private Attorney General Act claim, but affirming as to age and disability discrimination claims in a suit following an employee's termination that included allegations that the employer failed to provide and maintain accurate wage statements because the court improperly required a finding of injury in order to proceed with the PAGA claim.
Posted: May 22, 2018, 8:00 am

Ali v. Kipp

(United States Second Circuit) - Affirming the decision not to grant a new trial in a case where a jury found that a police officer used excessive force but no compensatory damages were granted because this decision was not an abuse of discretion under the Federal Rules of Civil Procedure and the court, when harmonizing seemingly inconsistent verdicts, is not limited to the specific theories presented by the parties.
Posted: May 22, 2018, 8:00 am

US v. Walker River Irrigation District

(United States Ninth Circuit) - Reversing a district court order dismissing on res judicata grounds an action brought by the US and a Native American tribe against an irrigation district concerning water rights because the court retained jurisdiction to litigate additional rights under the original 1936 Decree, but erred in finding the counterclaims to be part of a new action and in dismissing the action without first giving the parties an opportunity to be heard on the issue.
Posted: May 22, 2018, 8:00 am

Professional Collection Consultants v. Lujan

(California Court of Appeal) - Affirming the grant of summary judgment on the statute of limitations in an action to collect credit card debt in a case that applied Delaware's three year statute instead of California's four year statute and affirming in part and reversing in part a trial court's grant of summary judgment on a cross complaint that the attempt to collect time barred debt was a violation of state and federal consumer protection laws and affirming the decision not to award damages or attorney fees.
Posted: May 22, 2018, 8:00 am

Sullivan v. Republic of Cuba

(United States First Circuit) - Affirming the denial of a motion to enforce a judgment against the Republic of Cuba for the extrajudicial killing of a covert agent and the dismissal of the suit for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act.
Posted: May 22, 2018, 8:00 am

Irobe v. US Dept. of Agriculture

(United States First Circuit) - Affirming the district court's imposition of the burden of proof on a grocer in a suit challenging the finding by the US Department of Agriculture that they unlawfully trafficked in Supplemental Nutrition Assistance Program benefits and affirming the determination that the grocer failed to meet this burden.
Posted: May 21, 2018, 8:00 am

Morales Melecio v. US

(United States First Circuit) - Affirming a district court determination that a claim under the Federal Tort Claims Act was time barred in a suit where the discovery rule did not toll the statute of limitations during the period between the receipt of a man's death certificate and the receipt of a more thorough medical file relating to his cause of death.
Posted: May 21, 2018, 8:00 am

Doe v. Good Samaritan Hospital

(California Court of Appeal) - Remanding a case in which the trial court granted summary judgment to a hospital where a minor, who had been committed there, was allegedly sodomized by his roommate, because the hospital's expert did not opine specifically as to the standard of care regarding room assignments and, consequently, did not dispose of this theory as a matter of professional negligence.
Posted: May 21, 2018, 8:00 am

In Re the Marriage of Leslie P. and Robert Rodriguez

(California Court of Appeal) - Affirming a child support order finding no reversible error or abuse of discretion in the court's refusal to allow the deduction of asset depreciation in computing business income and its deviation from the child support guidelines.
Posted: May 21, 2018, 8:00 am

In Re Marriage of Linda M. and Bryan Marshall

(California Court of Appeal) - Affirming the judgment that a capital gains tax liability was community debt despite an Internal Revenue Service innocent spouse determination that was supported by substantial evidence and awarding the husband post-separation proceeds of a disability insurance policy as his separate policy because it was intended to replace his earned income rather than as part of a retirement plan.
Posted: May 18, 2018, 8:00 am

Prince v. Invensure Insurance Brokers, Inc.

(California Court of Appeal) - Affirming in part and reversing in part a decision following a jury trial relating to a business dispute because the court erred with respect to the validity of an offer by the plaintiff to compromise under the Code of Civil Procedure and reversing an order denying attorney fees.
Posted: May 18, 2018, 8:00 am

Benaroya v. Willis

(California Court of Appeal) - Reversing a trial court judgment relating to a motion picture company's contract to pay Bruce Willis to perform in a movie because the owner of the company was joined to arbitration despite his not having been named personally in the arbitration agreement relating to the never-produced movie Wake.
Posted: May 17, 2018, 8:00 am

Yeager v. Holt

(California Court of Appeal) - Affirming a trial court determination that a suit between Chuck Yeager and his former attorneys for professional negligence, misappropriation of name, and other claims is not a Strategic Lawsuit Against Public Participation because it does not chill protected expressive conduct or free speech on an issue of public interest.
Posted: May 16, 2018, 8:00 am

Planned Parenthood Federation of America, Inc. v. Center for Medical Progress

(United States Ninth Circuit) - Affirming the denial of a motion to dismiss claims under California's Strategic Lawsuit Against Public Participation in a suit where Planned Parenthood and other plaintiffs alleged that the defendants employed fraudulent means to enter their conferences and gain meetings with staff to make misleading and false videos that were disseminated on the internet because the defendants were unable to show the plaintiffs had no probability of success in their claims.
Posted: May 16, 2018, 8:00 am

Montero v. City of Yonkers

(United States Second Circuit) - Affirming in part, reversing in part, and remanding a decision by the district court, that statements by a police officer, who was also a union official, during union meetings were not made in his capacity as a private citizen and as such his remarks were not protected by the First Amendment and he therefore couldn't state a claim of retaliation because the court concluded that the statements were not made pursuant to his official duties as a police officer, so he spoke as a private citizen for the purpose of the First Amendment, but finding that the defendants are entitled to qualified immunity and no plausible claim for municipal liability was alleged against Yonkers.
Posted: May 16, 2018, 8:00 am

Theriault v. Genesis Healthcare LLC

(United States First Circuit) - Affirming the district court grant of an employer's motion for summary judgment in a retaliation suit applying in a decision that swung on a careful examination of Maine specific procedural law.
Posted: May 16, 2018, 8:00 am

Bryant v. Egan

(United States Second Circuit) - Dismissing an appeal of the order of the district court granting a new trial on claims a police officers unlawfully tased the plaintiff and that his partner failed to intervene because the interlocutory review based on qualified immunity was predicated on disputed facts.
Posted: May 16, 2018, 8:00 am

Kriegre v. Bank of America

(United States Third Circuit) - Reversing a district court grant of Bank of America's motion to dismiss the operative complaint that they violated two consumer protection laws, the Fair Credit Billing Act and the Truth in Lending Act for failure to state a claim because this decision was contrary to the text, regulatory framework and policies of both statutes in a case involving fraudulent charges that were remove, then reapplied to a credit cardholder's account.
Posted: May 16, 2018, 8:00 am

Rotkiske v. Klemm

(United States Third Circuit) - Affirming a district court judgment that the Fair Debt Collection Practices Act's statute of limitations is triggered when a violation occurs, not when the violation is discovered, a decision that departs from Fourth and Ninth Circuit decisions, deciding instead to hold to the strict meaning of the Act's language.
Posted: May 15, 2018, 8:00 am

In Re BigCommerce, Inc.

(United States Federal Circuit) - Granting petitions for writ of mandamus challenging US District Court orders denying motion s to dismiss and transfer a case for improper venue because a domestic corporation incorporated in a state with multiple judicial districts resides only in a single judicial district within the state where they have their principal place of business or the district where its registered office is located and the petitioner does not reside in the district where the patent infringement action was taking place.
Posted: May 15, 2018, 8:00 am

Gordon v. Cgna Corporation

(United States Fourth Circuit) - Affirming the summary judgment to an insurer that paid only half of a life insurance policy following the policy holder's death because the reduced coverage was the result of mistakes made by the employer, not the insurer, so the insurance company did not breach any duty it may have had under the Employee Retirement Income Security Act.
Posted: May 15, 2018, 8:00 am

Albert v. Truck Insurance Exchange

(California Court of Appeal) - Reversing a decision that a property owner's umbrella insurer was not liable for breach of contract and breach of implied covenant of good faith and fair dealing when they refused to cover the suit to remove a neighbor's fence that partially blocked the only road leading to their land because although the fence did not sit upon the landowner's property itself the invasion of a right of private occupancy is ambiguous and can include non physical invasions of rights in real property.
Posted: May 15, 2018, 8:00 am

Fierro v. Landry's Restaurant, Inc.

(California Court of Appeal) - Reversing and remanding a suit claiming violations of California wage and labor laws that proceeded as a class action because although the trial court sustained a demurrer on the basis that a prior class action with identical class claims had been dismissed for failure to bring the case to trial in five years as required by the Code of Civil Procedure the record did not provide the basis of the dismissal in the prior action and could not be final for purposes of res judicata or collateral estoppel, or form a basis for a defense in the present action.
Posted: May 14, 2018, 8:00 am

M-1 Drilling Fluids UK Ltd. v. Dynamic Air Ltda.

(United States Federal Circuit) - Reversing and remanding the suit alleging infringement of five US patents for lack of personal jurisdiction by a UK company with a Texas subsidiary suing a Brazilian company with a Minnesota subsidiary because Federal Rules of Civil Procedure supported the exercise of specific personal jurisdiction.
Posted: May 14, 2018, 8:00 am

Rena C. v. Colonial School District

(United States Third Circuit) - Reversing and remanding a case in which the mother of a student with disabilities filed an administrative due process complaint against a school district to determine an appropriate placement for her daughter. The school extended a 'ten day offer' intended to limit their exposure to attorney fees but the court held that the mother was substantially justified in rejecting the offer, despite its having been better than the ultimate outcome, because it didn't address pendency, attorney's fees, or costs.
Posted: May 14, 2018, 8:00 am

Taswell v. The Regents of the University of California

(California Court of Appeal) - Reversing the grant of summary judgment and summary adjudication in a complaint filed by a doctor of nuclear medicine alleging retaliation for whistleblowing activities regarding patient safety at a brain imaging center during his employment at the University of California because at an administrative hearing he was not required to exhaust his judicial remedies in order to challenge the University's rejection of his claims of retaliation and after exhausting his administrative remedies he would be statutorily authorized to file the civil action and seek damages under statutory whistleblower retaliation claims with no res judicata or collateral estoppel from the administrative decision.
Posted: May 14, 2018, 8:00 am

Webb v. City of Riverside

(California Court of Appeal) - Affirming the dismissal of a verified petition for writ of mandate complaining about a city's transfer of additional revenue from electric utility reserve fund accounts into the general fund without approval from the electorate because the action was subject to the 120 day statute of limitations of the Public Utilities Code and was not a tax increase.
Posted: May 11, 2018, 8:00 am

AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

(United States Federal Circuit) - Affirming the dismissal of a declaratory judgment action filed against the producer of several antiviral drugs used in the treatment of AIDS by an organization providing medical care to AIDS sufferers seeking to have patents declared invalid because the action failed to meet the requirements of the Declaratory Judgment Act.
Posted: May 11, 2018, 8:00 am

Alexander v. Scripps Memorial Hospital La Jolla

(California Court of Appeal) - Affirming a trial court decision sustaining demurrers and granting summary judgment to the defendant hospital and nine doctors who chose not to follow an advance health care directive that requested all efforts possible to prolong life because the doctors felt that such measures would be ineffective and cause her to suffer further harm.
Posted: May 11, 2018, 8:00 am

Ajdler v. Province of Mendoza

(United States Second Circuit) - Reversing the dismissal of a contract action pertaining to the defendant's unpaid bonds, certifying the question to the New York Court of Appeals whether claims for interest on principal continue to accrue after a claim for the principal itself is time barred, and deferring resolution prior to their determination.
Posted: May 11, 2018, 8:00 am

Chamber of Commerce of the United States of America v. City of Seattle

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.
Posted: May 11, 2018, 8:00 am

Caldwell v. City and County of San Francisco

(United States Ninth Circuit) - Reversing the district court grant of summary judgment to a defendant police sergeant accused of manufacturing evidence that resulted in a man spending nearly twenty years in prison for murder and affirming the grant of summary judgment as to police inspectors whose photo lineup was not so coercive that it rose to the level of fabricated evidence.
Posted: May 11, 2018, 8:00 am

Hsieh v. Pederson

(California Court of Appeal) - Reversing the trial court's grant of motion for judgment on the pleadings to the defense in a residential unlawful detainer matter because the court agreed with the plaintiff's contention that they did not prematurely file their complaint because it was filed after a 14 day notice requiring payment or the quit and surrender of premises, despite the fact that the landlord had not yet acted to take possession.
Posted: May 10, 2018, 8:00 am

Huang v. Hanks

(California Court of Appeal) - Affirming the dismissal as frivolous the suit of a man who sued the Dalai Lama, Tom Hanks, Monica Lewinsky, and many others for allegedly attacking him using nano probes, mind control, tooth pain, and other means.
Posted: May 10, 2018, 8:00 am

Adidas America, Inc. v. Sketchers USA, Inc.

(United States Ninth Circuit) - Affirming in part and reversing in part a preliminary injunction prohibiting Sketchers from selling shoes that allegedly infringe and dilute Adidas's Stan Smith trade dress and three stripe mark, affirming that the district court did not abuse its discretion in issuing the preliminary injunction and reversing the portion issuing an injunction as to the Stan Smith trade dress, but reversing the portion relating to the three stripe mark because Adidas failed to establish the irreparable harm element of this particular claim.
Posted: May 10, 2018, 8:00 am

Blue v. California Office of the Inspector General

(California Court of Appeal) - Reversing the portion of a trial court order denying an anti-SLAPP motion with respect to the first and second causes of action in a suit in which the Office of the Inspector General and the Inspector General himself conducted interviews with five correctional officers who previously worked at High Desert State Prison regarding the excessive use of force against inmates and alleging in the first and second causes of action that the Public Safety Officers Procedural Bill of Rights were violated by when officer requests for representation during the interviews were denied.
Posted: May 10, 2018, 8:00 am

Palm v. Los Angeles Department of Water and Power

(United States Ninth Circuit) - Affirming a district court order granting a defense motion to dismiss and denying motions for reconsideration and leave to amend their third amended complaint in a complaint alleging that the Los Angeles Department of Water and Power terminated his employment on a probationary promotional position without due process in violation of the Fourteenth Amendment holding that the plain language of the Los Angeles Charter, Civil Service Rules, and precedent established that they lacked a protected property interest.
Posted: May 10, 2018, 8:00 am

Strategic Concepts, LLC v. Beverly Hills Unified School District

(California Court of Appeal) - Reversing a jury award of millions in damages in a breach of contract suit between a school district employee who formed a Limited Liability Company that eliminated her position as an employee making more than a hundred thousand a year and established her as the sole owner of a company the district paid 1.3 million a year and later persuaded the district to award a $16 million no-bid contract that was later invalidated because the trial court misinterpreted a section of the law relating to competitive building statutes as not applying to independent contractors.
Posted: May 10, 2018, 8:00 am

Blue v. California Office of the Inspector General

(California Court of Appeal) - Reversing the portion of a trial court order denying an anti-SLAPP motion with respect to the first and second causes of action in a suit in which the Office of the Inspector General and the Inspector General himself conducted interviews with five correctional officers who previously worked at High Desert State Prison regarding the excessive use of force against inmates and alleging in the first and second causes of action that the Public Safety Officers Procedural Bill of Rights were violated by when officer requests for representation during the interviews were denied.
Posted: May 10, 2018, 8:00 am

Evanston Insurance Company v. William Kramer & Associates LLC

(United States Second Circuit) - Certifying to the Connecticut Supreme Court questions regarding the scope of the continuing course of conduct doctrine and the reasonableness of a jury verdict in the favor of a plaintiff bringing a negligence action against an insurer's loss adjustment agent for failing to inform the plaintiff successor in interest to an insurer of property of a mortgage on the property, which was damaged by a hurricane.
Posted: May 10, 2018, 8:00 am

In Re HTC Corporation

(United States Federal Circuit) - Denying a petition for writ of mandamus seeking the dismissal of a patent infringement suit against HTC for improper venue because mandamus is a remedy available only in extraordinary circumstances and those presented by HTC did not rise to this standard.
Posted: May 9, 2018, 8:00 am

Contractors' State License Board v. The Superior Court of Contra Costa County

(California Court of Appeal) - Granting a petition by the Contractors' State License Board for a peremptory writ of mandate to prevent the apex deposition of the Board's Registrar of Contractors, a position that makes him the Board's secretary and chief executive officer because the head of a government agency is not generally subject to deposition under California law.
Posted: May 9, 2018, 8:00 am

Choi v. Tower Research Capital, LLC

(United States Second Circuit) - Vacating and remanding the dismissal of a suit brought by Korean citizens transacting on the Korean Exchange's night market who alleged that a New York high frequency trading firm engaged in manipulative spoofing transactions on the market and injured them because the court held that the transactions were arguably domestic under the Commodity Exchange Act and the plaintiffs did not fail to state a claim for unjust enrichment.
Posted: May 9, 2018, 8:00 am

Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangalism

(California Court of Appeal) - Partially affirming and partially reversing the denial of anti-SLAPP motions in a suit whose complaints were partially, but not entirely based upon protected activity in a multiparty suit relating to a long term lease of unimproved real property, a lessee, a sublessee, and various transfers of the property.
Posted: May 9, 2018, 8:00 am