Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co.

A Court of Appeals lacks appellate jurisdiction over a order remanding a case that was removed based on federal question jurisdictional grounds, rather than on diversity grounds under CAFA.  28 USC 1453(c) permits appeals from remand orders, in the Court of Appeal’s discretion, in class action cases removed under “this section.”  This decision holds that…

McNair v. Superior Court

A party may file a second § 170.6 challenge against the trial judge if the same judge is assigned to hear a retrial of the case after a reversal on appeal, but only if the appeal was from a final judgment rather than an interlocutory order.  Under CCP 170.6(a)(2), a party may file a second…

Beach Break Equities, LLC v. Lowell

Upon reversal on appeal, the appellant is entitled, in the trial court’s discretion, to restitution of amounts paid or other value lost under the reversed judgment, and may seek this restitution via motion without any need for a separate cross-complaint.  Upon reversal on appeal, the appellant is entitled, in the trial court’s discretion, to restitution…

Ozenne v. Chase Manhattan Bank (In re Ozene)

Debtor who failed to appeal within the 14-day bankruptcy appeal deadline from an order denying his third motion to reconsider denial of motion for sanctions for violation of the automatic stay, could not cure the untimeliness of the appeal by use of a petition for writ of mandate.  A petition for writ of mandate cannot…

Southern California Gas Co. v. Flannery

A general denial to an interpleader complaint is insufficient to raise any issue for trial as to defendant’s claimed interest in the interpleaded funds; rather, a factually pleaded cross-complaint is required instead.  A second appeal in this interpleader action results in an affirmance of the trial court’s division of the interpleaded funds.  The opinion holds…

Schellinger Brothers v. Cotter

Failure to recite all the evidence on an issue waives a substantial evidence attack on appeal.  This decision repeats and elaborates on the rule that failure to recite all the evidence on an issue waives a substantial evidence attack on appeal. California Court of Appeal, First District, Division 2 (Richman, J.); August 26, 2016; 2016…

Randall v. Mousseau

Trial court erred in denying appellant’s motion for a settled statement of unrecorded oral proceedings, but appellant failed to properly preserve that issue for appeal, so judgment had to be affirmed for lack of an adequate record to review.  A trial court has an obligation to assist an appellant in preparing a settled statement if…

La Mirada Ave. Neighborhood Ass’n of Hollywood v. City of Los Angeles

Ordinarily, when an appeal is mooted, the appellate court simply dismisses the appeal, but it can also vacate judgment and remand to allow the trial court to dismiss the case if legislative or administrative action has mooted the entire case; here, however, the appellant itself mooted its own appeal so it should not be allowed…

Swift Transportation Co. Inc. v. US District Court

In this wage and hour dispute, defendant was not entitled to a writ of mandate to overturn a district court scheduling order setting trial on the issue of whether plaintiff’s contracts were employment agreements in interstate commerce and thus exempt from the Federal Arbitration Act, since defendant has an adequate remedy on appeal from any…

Elena S. v. Kroutik

Defendant was unable to challenge domestic violence protective order on the ground that he had not consented to have a court commissioner decide the issue, because he impliedly consented to have the commissioner decide the matter by participating in the hearing and couldn’t produce an oral record of the proceedings proving he had withheld consent…

In re Orange, S.A.

Mandate was denied because it was not clear that the contractual forum selection clause applied to the claims plaintiff alleged and because the only harm petitioner would suffer by raising the issue on a normal post-judgment appeal was the cost of the trial proceedings.  This decision denies a writ of mandate to defendant finding it…