§Why CasetextPricing

HERNANDEZ v. RESTORATION HARDWARE, INC.

Appellant’s Request for Judicial Notice

116 Cited authorities

  1. Cohen v. Beneficial Loan Corp.

    337 U.S. 541 (1949)   Cited 7,651 times   7 Legal Analyses
    Holding that § 1291 permits appeals from certain decisions "collateral to rights asserted in the action," even when there's no final judgment

  2. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,052 times   16 Legal Analyses
    Holding that " common nucleus of facts and potential legal remedies dominate[d]" over "idiosyncratic differences between state consumer protection laws" where a nationwide class of minivan buyers’ claims turned on "questions of [the manufacturer’s] prior knowledge of the [vehicle’s] deficiency, the design defect, and a damages remedy"

  3. Staton v. Boeing Co.

    327 F.3d 938 (9th Cir. 2003)   Cited 1,927 times   6 Legal Analyses
    Holding that "named plaintiffs ... are eligible for reasonable incentive payments" in addition to reimbursement "for their substantiated litigation expenses, and identifiable services rendered to the class directly under the supervision of class counsel"

  4. Devlin v. Scardelletti

    536 U.S. 1 (2002)   Cited 453 times   10 Legal Analyses
    Holding that "nonnamed class members . . . who have objected in a timely manner" before the district court "have the power to bring an appeal without first intervening"

  5. In re L.Y.L.

    101 Cal.App.4th 942 (Cal. Ct. App. 2002)   Cited 1,624 times
    Holding that we "affirm the order if supported by substantial evidence even if other evidence supports a contrary conclusion"

  6. Carson v. American Brands, Inc.

    450 U.S. 79 (1981)   Cited 660 times   2 Legal Analyses
    Holding that an interlocutory order is immediately appealable when appellant can show that the order might have a "serious, perhaps irreparable consequence, and that the order can be effectually challenged only by immediate appeal"

  7. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 698 times   145 Legal Analyses
    Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act

  8. Auto Equity Sales, Inc. v. Superior Court

    57 Cal.2d 450 (Cal. 1962)   Cited 5,921 times   8 Legal Analyses
    Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"

  9. Arias v. Superior Court (Angelo Dairy)

    46 Cal.4th 969 (Cal. 2009)   Cited 582 times   13 Legal Analyses
    Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties

  10. Rosenthal v. Great W. Fin. Secs. Corp.

    14 Cal.4th 394 (Cal. 1996)   Cited 772 times   3 Legal Analyses
    Holding fraud in the inducement "occurs when the promisor knows what he is signing but his consent is induced by fraud"

  11. Section 452 - Matters permitting judicial notice

    Cal. Evid. Code § 452   Cited 7,924 times   1 Legal Analyses
    Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"

  12. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,846 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  13. Rule 8.276 - Sanctions

    Cal. R. 8.276   Cited 933 times

    (a)Grounds for sanctions On motion of a party or its own motion, a Court of Appeal may impose sanctions, including the award or denial of costs under rule 8.278, on a party or an attorney for: (1) Taking a frivolous appeal or appealing solely to cause delay; (2) Including in the record any matter not reasonably material to the appeal's determination; (3) Filing a frivolous motion; or (4) Committing any other unreasonable violation of these rules. (Subd (a) amended and relettered effective January

  14. Rule 8.252 - Judicial notice; findings and evidence on appeal

    Cal. R. 8.252   Cited 594 times

    (a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice

  15. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  16. Rule 3.1306 - Evidence at hearing

    Cal. R. 3.1306   Cited 118 times

    (a) Restrictions on oral testimony Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown. (b) Request to present oral testimony A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement. stating the