Please be advised, non-published California State Court Appellate Opinions that are not certified for publication or ordered published cannot be cited or relied on by a court or a party in any other action. California Rule of Court 8.1115. Similarly, pre-2007 unpublished Ninth Circuit dispositions and orders cannot be cited. Local Ninth Circuit Rule 36-3. Although post-2007 unpublished Ninth Circuit dispositions and orders can be cited in accordance with Federal Rule of Appellate Procedure 32.1, unpublished dispositions and orders are not precedent.
Universal Trading & Investment Company, Inc. v. Kiritchenko
Ninth Circuit Court of Appeals affirmed district court's order concluding assignment of claims belonging to the Ukraine was invalid under Ukrainian law.
Lyman Gardens Apartment, LLC v. Coudert Brothers, LLP
California Court of Appeal reversed $2.5 million jury verdict for lack of substantial evidence to support jury's finding of causation.
Pavlik v. Parker
California Court of Appeal concluded cumulative effect of misconduct during trial did not deprive the other party of a fair trial.
Becerra v. Contra Costa County
California Court of Appeal concluded medical expert declaration was sufficient to support summary judgment and trial court did not abuse its discretion in denying request for continuance of the summary judgment motion.
Rutan v. Scoville
California Court of Appeal affirmed trial court ruling which allowed police officer who did not witness incident to testify there had been no collision.
Kwon v. Hong
California Court of Appeal reversed trial court order setting aside judgment on the grounds of extrinsic fraud and void judgment.
Miraglia v. California Department of Corrections
California Court of Appeal affirmed summary judgment because Plaintiffs admitted they had not suffered any adverse personnel action.
Minehart Surgery Center v. Prisma Construction Company
California Court of Appeal affirmed orders declaring mistrial and dismissing lawsuit after party failed to appear at trial.
Rocha v. Raygosa
Court of Appeal affirmed judgment after jury verdict.
Sandore v. Ferguson
Court of Appeal affirmed trial court's rulings ordering partition by sale of commercial property and determining party had been ousted from the property.
La Donna Corporation v. Qantas Airways Limited
Court of Appeal affirmed order dismissing case because corporation's absence of counsel prejudiced other party's efforts to prepare for trial.
Zurich Specialties London Limited v. Century Surety Company
California Court of Appeal concluded "other insurance" clause did not extinguish liability to contribute on an equitable basis to the defense and indemnity expenses of other primary insurers in defending a claim involving continuous or progressive damages.
Brighton Collectibles, Inc. v. Renaissance Group International
Ninth Circuit concluded that (1) manufacturer's use of decorative heart on purses was entitled to copyright protection even though the copyright was originally registered for a watch, (2) injunction was warranted based on trademark and trade dress infringement, and (3) automatic bankruptcy stay did not preclude district court from issuing rulings in infringement litigation.
LeCuyer v. Johansen
California Court of Appeal affirmed order enforcing settlement agreement and denying new trial.
Sitrick v. Northwestern Pacific Indemnity Company
Ninth Circuit affirmed district court order denying motion for new trial on jury misconduct.
Weaver v. Ormco Corporation
Court of Appeal reversed verdict because jury was not instructed a private plaintiff must be subjected to actionable sexual harassment to prevail on a cause of action against an employer for failing to prevent sexual harassment.
Smolker v. Pacific Villas Homeowners Association
California Court of Appeal affirmed dismissal order for failure to state cause of action for breach of contract or bad faith.
McAteer v. Martin Brothers/Marcowall, Inc.
California Court of Appeal affirmed order to set aside based on excusable extrinsic mistake.
Cordier v. Tkatch
California Court of Appeal reversed judgment against one partner for legal fees and costs.
Blackwolf v. J.H. Management Company, LLC
California Court of Appeal reversed summary judgment due to triable issues of fact as to whether sidewalk presented a substantial danger to pedestrians exercising ordinary care.
Odening v. Evans
California Court of Appeal dismissed untimely appeal of interlocutory judgment for partition.
Paragon Homes, Inc. v. Insurance Company of State of Pennsylvania
California Court of Appeal affirmed summary judgment because there was no coverage under the insurance policy.
O Hill Properties v. 9441 Wilshire Blvd., L.P.
Court of Appeal affirmed special jury verdicts finding both parties performed and seller did not breach contract's covenant of good faith and fair dealing.
Hufnagel v. Lehrer-Graiwer
California Court of Appeal reversed default judgment because statement of damages was served after default had been entered.
Farmers & Merchants Trust Company v. Superior Court
California Court of Appeal concluded trial court erred in granting motion to disqualify counsel.
Goldberg v. State Farm Fire & Casualty Company
Ninth Circuit concluded insurance policy terms governing appraisal are substantially equivalent to California Insurance Code section 2071, which requires that any dispute over the calculation of losses be settled by appraisal.
Tire Distributors, Inc. v. Superior Court
California Court of Appeal granted writ and directed trial court to issue order granting motion to enforce settlement agreement and enter judgment under California Code of Civil Procedure, section 664.6.
Heckenlively v. Storey
California Court of Appeal reversed order denying application for a preliminary injunction with directions to enter an order directing defendant (1) not to commit waste or take any other action that would cause damage to the property, (2) to allow plaintiff access to property, and (3) to allow plaintiff's agents access to the property for the purposes of making repairs and improvements.
Golden Eagle Insurance Company v. Century Surety Company
California Court of Appeal concluded "other insurance" clause did not extinguish liability to contribute on an equitable basis to the defense and indemnity expenses of other primary insurers.
Yan v. Memrad Medical Group, Inc.
California Court of Appeal affirmed summary judgment on gender discrimination claim.
Fuerst v. Tuccinardi
California Court of Appeal affirmed civil jury defense verdict in wrongful death case.
Blake v. 621-623 Lido Park Drive Condominium Association
California Court of Appeal dismissed appeal as moot.
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