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Metropolitan Transit System v. Superior Court (Balfour Beatty/Ortiz Enterprises Inc.)
All cross-defendants, including non-resident plaintiff subject to local agency's compulsory cross-complaint, may move to change venue to neutral county.
Civil Procedure Jul. 15, 2007
Lyles v. State of California
Inverse condemnation and nuisance claims are time-barred where property owners do not investigate source of storm damage causing offensive condition.
Civil Procedure Jul. 15, 2007
People ex rel. Brown v. Powerex Corp.
Filed rate doctrine bars Attorney General’s claims challenging energy wholesaler’s malicious conduct during California energy crisis.
Civil Procedure Jul. 12, 2007
Britton v. Dallas Airmotive Inc.
Trial court properly stays California action involving helicopter crash, in favor of litigation in Idaho.
Civil Procedure Jul. 11, 2007
Fisher v. NOS Communications
'Filed rate doctrine' precludes customers' federal and state law claims challenging carriers' approved terms or rates charged under federally filed tariffs.
Civil Procedure Jul. 10, 2007
Berryman v. Merit Property Management Inc.
Trial court properly sustains demurrer without leave to amend, in dispute between homeowners and homeowner association management company over fees.
Civil Procedure Jul. 9, 2007
Brandenburg v. Eureka Redevelopment Agency
Claim for violation of Government Code Sections 1090 and 1092 compels forfeiture and must be filed within one year of public breach.
Civil Procedure Jul. 4, 2007
People v. Whaley
Supplemental jury instruction suggesting jurors try role-playing and role-reversal is valid under ‘People v. Gainer.'
Civil Procedure Jul. 2, 2007
Oakland Raiders v. National Football League
Trial court’s failure to specify its underlying reasons in motion for new trial is subject to independent review standard on appeal.
Civil Procedure Jul. 2, 2007
Miller-Leigh LLC v. Henson
Court erroneously finds it lacked subject matter jurisdiction over case involving lease with choice-of-forum clause requiring suit be brought in Arizona.
Civil Procedure Jul. 1, 2007
McOwen v. Grossman
Medical malpractice action is not time-barred where amputee was ignorant of facts and theory of liability when he filed complaint.
Civil Procedure Jul. 1, 2007
Miller-Leigh LLC v. Henson
Court erroneously finds it lacked subject matter jurisdiction over case involving lease with choice-of-forum clause requiring suit be brought in Arizona.
Civil Procedure Jul. 1, 2007
Akkerman v. Mecta Corp. Inc.
Class certification is properly denied in tort liability case where each claim would be too complicated and impractical for class action format.
Civil Procedure Jun. 28, 2007
Contemporary Services Corp. v. Staff Pro Inc.
Anti-SLAPP motion is properly granted where statements critical of business competitor do not fall within commercial speech exception.
Civil Procedure Jun. 28, 2007
McAdams v. Monier Inc.
Class treatment is appropriate mechanism in case where plaintiff alleged failure to disclose defective roof tiles.
Civil Procedure Jun. 27, 2007
Gallanis-Politis v. Medina
Trial court improperly denies special motion to strike retaliation claim under anti-SLAPP statute, in discrimination case against County and County officials.
Civil Procedure Jun. 27, 2007
Alliance Payment Systems Inc. v. Walczer
Trial court properly orders new trial in dispute between ex-lovers over settlement agreement that divided their business.
Civil Procedure Jun. 26, 2007
Powerex Corp. v. Reliant Energy Services Inc.
28 U.S.C. Section 1447(d) precludes appellate review of district court's remand for lack of subject matter jurisdiction.
Civil Procedure Jun. 24, 2007
Humane Society of the United States v. State Board of Equalization
State Board of Equalization prevails in tax exemption case concerning poultry producers and alleged improper use of cages for keeping hens.
Civil Procedure Jun. 24, 2007
Riverside Sheriff's Assn. v. County of Riverside
Trial court properly awards attorney fees under Code of Civil Procedure rather than Government Code, in dispute between Sheriff's Association and County.
Civil Procedure Jun. 24, 2007
Powerex Corp. v. Reliant Energy Services Inc.
28 U.S.C. Section 1447(d) precludes appellate review of district court's remand for lack of subject matter jurisdiction.
Civil Procedure Jun. 22, 2007
Humane Society of the United States v. State Board of Equalization
State Board of Equalization prevails in tax exemption case concerning poultry producers and alleged improper use of cages for keeping hens.
Civil Procedure Jun. 22, 2007
Riverside Sheriff's Assn. v. County of Riverside
Trial court properly awards attorney fees under Code of Civil Procedure rather than Government Code, in dispute between Sheriff's Association and County.
Civil Procedure Jun. 22, 2007
Eternity Investments Inc. v. Brown
$36,575 arbitration award in dispute over home improvement contract must stand, as homeowners fail to bring timely petition to challenge the award.
Civil Procedure Jun. 21, 2007
Eternity Investments Inc. v. Brown
$36,575 arbitration award in dispute over home improvement contract must stand, as homeowners fail to bring timely petition to challenge the award.
Civil Procedure Jun. 21, 2007
Linear Technology Corp. v. Applied Materials Inc.
State court has jurisdiction over buyer's contract-related claims alleging seller's failure to indemnify against third party infringement actions.
Civil Procedure Jun. 19, 2007
Wimsatt v. Superior Court (Kausch)
Mediation briefs and e-mails referencing the briefs are made in course of mediation and are protected communications under mediation confidentiality statutes.
Civil Procedure Jun. 19, 2007
Linear Technology Corp. v. Applied Materials Inc.
State court has jurisdiction over buyer's contract-related claims alleging seller's failure to indemnify against third party infringement actions.
Civil Procedure Jun. 19, 2007
Wimsatt v. Superior Court (Kausch)
Mediation briefs and e-mails referencing the briefs are made in course of mediation and are protected communications under mediation confidentiality statutes.
Civil Procedure Jun. 19, 2007
Maciel v. Commissioner of Internal Revenue
Issue preclusion is improper where issue was not crucial to previous proceedings and was not fully and fairly litigated in previous action.
Civil Procedure Jun. 15, 2007