California Case Summaries

Civil Procedure

Secondary practice area

Ninth Circuit Court of Appeals, Business Transactions, Civil Procedure, Litigation

Devas Multimedia v. Antrix — Foreign Sovereign Cannot Avoid Arbitral Award on Forum Grounds

The Ninth Circuit held that the FSIA arbitration exception supplied subject-matter jurisdiction and that exercising personal jurisdiction was reasonable even assuming Antrix could invoke Fifth Amendment protections. It also held that forum non conveniens does not defeat an action to confirm a Convention award because contracting nations must recognize covered awards and a foreign court cannot attach assets in the United States.

4th District Court of Appeal, Civil Procedure, Criminal Law

Sua v. Superior Court — Prosecution Cannot Compel Mental Exam for Defendants Seeking Mental Health Diversion

The Fourth District Court of Appeal held that California's criminal discovery statute (Penal Code § 1054.3(b)(1)) does not authorize a trial court to compel a defendant seeking pretrial mental health diversion to undergo a prosecution mental examination, because the diversion hearing is not a trial at which the defendant has placed mental state in issue through expert testimony.

California Supreme Court, Civil Procedure, Litigation

Maniago v. Desert Cardiology Consultants — Voluntary Dismissal Forfeits Right to Appeal Adverse Pretrial Rulings

The California Supreme Court held that when plaintiffs voluntarily dismiss their action before any of their claims have been finally resolved by the trial court, the dismissal terminates the action and forfeits the right to appeal — it does not create an appealable judgment even if the stated purpose was to expedite review of adverse pretrial rulings.

Ninth Circuit Court of Appeals, Banking & Finance, Civil Procedure, Litigation

Relator LLC v. Erskine — Ninth Circuit Revives PPP Fraud Whistleblower Suit, Holds Mortgage Company’s Own Website Is Not “News Media” Under False Claims Act

The Ninth Circuit reversed dismissal of a False Claims Act qui tam suit alleging PPP fraud by a California mortgage company, holding that a NAICS industry code alone does not publicly disclose fraud and that a company's own website does not qualify as 'news media' for purposes of the Act's public disclosure bar.

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