| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E041294
|
De Santiago v. D and G Plumbing Inc.
'Impracticability exception' for court congestion does not toll five-year limitations period where intervenor fails to exercise reasonable diligence in prosecuting case. |
Civil Procedure |
|
Sep. 20, 2007 | |
|
G037612
|
Marcario v. County of Orange
Arbitration of employee's labor grievance could not be given binding effect with regard to statutory claims not explicitly noted in MOU. |
Civil Procedure |
|
Sep. 20, 2007 | |
|
04-76044
|
Yetiv v. U.S. Dept. of Housing and Urban Development
HUD had jurisdiction to impose penalties for failure to provide audits even though owner prepaid HUD-insured loan prior to final adjudication of ALJ. |
Civil Procedure |
|
Sep. 20, 2007 | |
|
05-16467
|
Menken v. Emm
Court has personal jurisdiction over defendant in tort case involving civil extortion and interference with contractual relations. |
Civil Procedure |
|
Sep. 19, 2007 | |
|
05-55406
|
Equity Lifestyle Properties Inc. v. County of San Luis Obispo
District court properly dismissed complaint where there was no claim upon which relief could be granted and as-applied takings claim was unripe. |
Civil Procedure |
|
Sep. 17, 2007 | |
|
05-36210
|
Corrie v. Caterpillar Inc.
Plaintiffs' claims present nonjusticiable political questions that deprive district court of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). |
Civil Procedure |
|
Sep. 17, 2007 | |
|
B184689
|
Chrisman v. City of Los Angeles
Police department could not punish officer for misuse of department computers that predated department’s administrative complaint by more than two years. |
Civil Procedure |
|
Sep. 13, 2007 | |
|
F049069
|
Chabak v. Monroy
Underage patient's privileged statements to police and parents preclude physical therapist's recovery of damages for victim's allegedly false reports of child abuse. |
Civil Procedure |
|
Sep. 11, 2007 | |
|
B190441
|
Lee v. Blue Shield of California
Physician's declaratory relief claim should be treated as petition for writ of mandate to reinstate service plan's hearing to terminate provider status. |
Civil Procedure |
|
Sep. 10, 2007 | |
|
05-55739
|
Comedy Club Inc. v. Improv West Associates
Court lacks jurisdiction to review untimely appeal from order compelling arbitration, but confirms arbitrator's authority to resolve disputes arising from trademark agreement. |
Civil Procedure |
|
Sep. 9, 2007 | |
|
06-15474
|
Inouye v. Kemina
In case involving religious coercion, parole officer does not have qualified immunity. |
Civil Procedure |
|
Sep. 9, 2007 | |
|
B194891
|
Dept. of Fair Employment and Housing v. 1105 Alta Loma Road Apartments
Where gravamen of complaint alleged disability discrimination and did not attack protected petitioning or speech activity, defendant's anti-SLAPP motion was properly denied. |
Civil Procedure |
|
Sep. 6, 2007 | |
|
B173829
|
El Escorial Owners' Association v. DLC Plastering Inc.
In multi-party construction defect case, trial court may use 'rough categories' to initially determine good faith settlement allocations for various types of defects. |
Civil Procedure |
|
Sep. 6, 2007 | |
|
05-55224
|
New Regency Productions Inc. v. Nippon Herald Films Inc.
Arbitration award is properly vacated where arbitrator fails to disclose facts that show reasonable impression of partiality. |
Civil Procedure |
|
Sep. 5, 2007 | |
|
H029830
|
Baron v. Fire Insurance Exchange
Insurance company forfeits its challenge to validity of appointment of receiver where issue was not raised in trial court. |
Civil Procedure |
|
Sep. 5, 2007 | |
|
05-56452
|
Molski v. Evergreen Dynasty Corp.
Plaintiff's strategy to harass ethnic restaurants into cash settlements supports order requiring vexatious litigant to obtain court leave before filing disability claims. |
Civil Procedure |
|
Sep. 4, 2007 | |
|
G037727
|
Bookout v. Nielsen
Protective orders issued under Elder Abuse Act are reviewed for abuse of discretion and factual findings are reviewed for substantial evidence. |
Civil Procedure |
|
Sep. 4, 2007 | |
|
G037335
|
Philipson & Simon v. Gulsvig
Trial court errs denying anti-SLAPP motion where law firm fails to demonstrate probability of success on claims of fraud and negligent misrepresentation. |
Civil Procedure |
|
Aug. 30, 2007 | |
|
05-56642
|
The Paul Revere Insurance Group v. United States
District court errs by enforcing government judgment lien where federal law did not preempt state law regarding property exempt from enforcement. |
Civil Procedure |
|
Aug. 30, 2007 | |
|
S141502
|
Gentry v. Superior Court (Circuit City Stores Inc.)
Class arbitration waiver is erroneously upheld where employee seeks overtime pay in class action suit filed against Circuit City. |
Civil Procedure |
|
Aug. 30, 2007 | |
|
D048583
|
Freeman v. Schack
Anti-SLAPP statute does not apply to attorney's activity where class action settlement was merely incidental to breach arising from his adverse representation. |
Civil Procedure |
|
Aug. 29, 2007 | |
|
B186238
|
Mileikowsky v. West Hills Hospital Medical Center
Hearing officer cannot prematurely terminate hearing on hospital's extension of staff privileges as sanction for physician's failure to produce requested documents. |
Civil Procedure |
|
Aug. 29, 2007 | |
|
S134545
|
Catholic Mutual Relief Society v. Superior Court (Roman Catholic Archdiocese of San Diego)
Church's nonparty liability insurer is not required to provide discovery of reinsurance agreements in childhood abuse case. |
Civil Procedure |
|
Aug. 28, 2007 | |
|
A114667
|
Butler-Rupp v. Lourdeaux
Trial court retains jurisdiction to award attorney fees incurred on appeal even when appellate court orders parties to bear their own costs. |
Civil Procedure |
|
Aug. 28, 2007 | |
|
A115079
|
Peterson v. John Crane Inc.
Expert witness fees are properly awarded to prevailing party who presented valid settlement offer to single plaintiff in her multiple legal capacities. |
Civil Procedure |
|
Aug. 27, 2007 | |
|
D049679
|
The Cadle Co. II Inc. v. Sundance Financial Inc.
Lawsuit is barred by statute of limitations where it is filed more than ten years after entry of stipulated judgment. |
Civil Procedure |
|
Aug. 27, 2007 | |
|
05-15847
|
Azizian v. Federated Dept. Stores Inc.
Appellant is not required to secure appellate attorney fees where appellees are not entitled to recover such fees if successful on appeal. |
Civil Procedure |
|
Aug. 24, 2007 | |
|
05-56346
|
Dependable Highway Express Inc. v. Navigators Ins. Co.
District court's stay order is abuse of discretion where it is unclear whether company agreed to arbitrate dispute in England. |
Civil Procedure |
|
Aug. 23, 2007 | |
|
D048371
|
Vasquez v. State of California
Plaintiff is excused from any prelitigation settlement requirement under futility principles. |
Civil Procedure |
|
Aug. 23, 2007 | |
|
G037335
|
Philipson & Simon v. Gulsvig
Trial court errs denying anti-SLAPP motion where law firm fails to demonstrate probability of success on claims of fraud and negligent misrepresentation. |
Civil Procedure |
|
Aug. 22, 2007 |
