Cases: Quashing/Lack of Jurisdiction

Quashing/Lack of Jurisdiction: 2/2 DCA Decides That Parties Quashing Service In California Case Based On Florida Forum Selection Clause Not Entitled To Contractual Fees

Cases: Quashing/Lack of Jurisdiction

  We Now Have A Firm Split—2/2 And 6th DCAs Are At Odds With 4/3 DCA In This Area.     Fault line.  Aerial view of the San Andreas Fault.  Carol M. Highsmith, photographer.  2013.  Library of Congress.      DisputeSuite.com, LLC v. Scoreinc.com, Case No. B248694 (2d Dist., Div. 2 April 14, 2015) (published) may be […]

Section 1717 And Prevailing Party: Fourth District, Division 3 Extends Profit Concepts Holding to Forum Non Conveniens Dismissal

Cases: Quashing/Lack of Jurisdiction, Cases: Section 1717

Personal Jurisdiction Quash Grounds Not Seen Different From Forum Dismissal.      I guess we can wax nostalgic, but why or why not? The great thing about our blog is we report on continuing jurisprudence which, like a river, continues on and on each day.      In our first post going back to May 11, 2008,

CCP Section 998: Making A 998 Offer After Filing A Motion To Quash For Lack of Jurisdiction Does Not Constitute A “General Appearance”

Cases: Quashing/Lack of Jurisdiction, Cases: Section 998

Fourth District, Division 1 Construes the Type of “Acts” Which Will Waive Jurisdictional Challenges.      For our purposes, the Fourth District, Division 1 has decided that Italian defendants’ making of a pretrial offer under Code of Civil Procedure section 998 does not waive motion to quash jurisdictional challenges, if the 998 offer was made after

Supplemental Jurisdiction Dismissal: Attorney’s Fees Not Allowable Because Dismissed Claims Could Be Refiled And No Alteration In Legal Relationship Between The Parties

Cases: Quashing/Lack of Jurisdiction

  Ninth Circuit Refrains from Deciding One Issue, Finds No Fee Entitlement After Without Prejudice Dismissal, and Cites Federal Case That May Vary From California State Law on an Inconvenient Forum Dismissal.      Avery v. First Resolution Management Corp., Case No. 07-35726 (9th Cir. Apr. 2, 2009) (for publication) presented several thorny issues on whether

Trial Court Retains Jurisdiction To Award Attorney’s Fees to Prevailing Defendant After Granting A Motion To Quash Based Upon Lack of Personal Jurisdiction

Cases: Consumer Statutes, Cases: Quashing/Lack of Jurisdiction

Sixth District Affirms Grant of $34,492 in Attorney’s Fees.             Our first post was on May 11, 2008, surveying Profit Concepts Mgt., Inc. v. Griffith, 162 Cal.App.4th 950, 955-956 (2008).  In that case, Justice Fybel of our local Santa Ana-based Court of Appeal affirmed an award of attorney’s fees to a defendant

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