PGA West Residential Assn., Inc. v. Hulven International, Inc.

A suit to cancel a deed of trust defendant gave his wholly-owned corporation to avoid paying his debts was barred by the California Uniform Fraudulent Transfer Act’s a 7-year statute of repose on fraudulent transfer claims.  This decision holds that Civ. Code 3439.09(c)’s seven year limit is a statute of repose, not a statute of…

Mendoza v. Nordstrom, Inc.

Suits under the Private Attorney Act are unlike class actions in that plaintiffs cannot belatedly add new plaintiffs to carry on the suit in place of the original named plaintiffs, if it turns out the original plaintiffs’ claims fail.  After receiving the California Supreme Court’s answers to certified questions, the Ninth Circuit dismisses this day-of-rest…

Ayala v. Dawson

On his motion to quash service of summons in an unlawful detainer action against him, plaintiff fully litigated his claim that he was fraudulently induced to sign a lease rather than a loan agreement, so the unlawful detainer judgment collaterally estopped him from pursuing his parallel civil action.  The holder of record title, Dawson, sued…

United States v. Sierra Pacific Industries, Inc.

Defendant could not get a settlement agreement invalidated by claiming plaintiff United States had committed fraud on the court, since the later-discovered information on which defendant relied either didn’t show fraud at all or only filled in details of fraud that defendant suspected before it settled.  The district court did not abuse its discretion in…

SJJC Aviation Services, LLC v. City of San Jose

A plaintiff that submitted a non-responsive bid lacked standing to challenge the award of a public contract to a different bidder.  An unsuccessful bidder on a public contract lacked standing to bring a writ of mandate to challenge the award of the contract to another bidder because the plaintiff’s bid was undeniably non-responsive to the…

The Rossdale Group, LLC v. Walton

Plaintiff could sue and the court had subject matter jurisdiction of its suit even though plaintiff was a dissolved limited liability company.  Emphasizing that California courts have never adopted federal concepts of standing as a necessary part of subject matter jurisdiction, this decision holds that the fact that the plaintiff is a dissolved limited liability…

United States ex rel. Hoggett v. University of Phoenix

It is the substance of a post-trial motion, not its title, that controls its effect on the appeal period; so a motion for stay disguised as a Rule 59 motion to alter or amend the judgment does not toll the appeal period though a true Rule 59 motion would do so.  This decision dismisses plaintiff’s…

Ewald v. Nationstar Mortgage, LLC

The judgment was affirmed due to the inadequacy of the appellant’s opening brief.  This decision affirms the judgment based on the inadequacy of appellant’s opening brief which did not cite the standard of review or any authority for the principal arguments on appeal. California Court of Appeal, Third District (Duarte, J.); July 28, 2017; 2017…

Rush v. White Corp.

The trial court did not err in granting defendant summary judgment based on plaintiff’s failure to submit a proper statement of undisputed facts even after having been warned and given a second chance to file a proper statement.  The trial court did not abuse its discretion in granting defendant summary judgment due to plaintiff’s failure…

Cassirer v. Thyssen-Bornemisza Collection Foundation

Under Spanish law, the prescriptive period for claims to possession of a Pisarro painting stolen from a German Jewish citizen by the Nazis and later sold to a Spanish museum, may not have expired if the museum had acquired the painting knowing all along that it was stolen.  In a return of this case on…

Ayco Farms, Inc. v. Ochoa

Dismissal on forum non conveniens grounds affirmed in suit by Florida corporation against to residents of Mexico over contract to raise crops in Mexico; neither party was a California resident and Mexico had a greater interest in adjudicating the dispute.  The district court did not abuse its discretion in dismissing this action by a Florida…

Seneca Ins. Co. v. Strange Land, Inc.

A district court may abstain under the Colorado River doctrine only in extraordinary circumstances, not in an ordinary diversity action seeking damages and rescission under settled principles of state law.  The district court erred in granting a motion for Colorado River abstention in this case which an insurer had filed in federal court seeking rescission…