Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 | |
B188407
|
Marlin v. Aimco Venezia LLC
SLAPP motion is not proper where terminating tenancy is not activity taken in furtherance of rights of petition or free speech. |
Civil Procedure |
|
Aug. 19, 2007 | |
07-55880
|
Babasa v. LensCrafters Inc.
Notice of removal is untimely where mediation letter sent nearly one year earlier clearly showed damages sought exceeded federal jurisdictional amount. |
Civil Procedure |
|
Aug. 16, 2007 | |
D048103
|
McGarry v. University of San Diego
Trial court properly strikes former coach's defamation claims based on university official's statements regarding his abrupt termination in newspaper and parent meeting. |
Civil Procedure |
|
Aug. 15, 2007 | |
B194487
|
Rohde v. Wolf
Attorney's allegedly defamatory messages accusing plaintiff of fraud are protected under anti-SLAPP statute and litigation privilege for purposes of striking plaintiff's complaint. |
Civil Procedure |
|
Aug. 14, 2007 | |
A114467
|
Totten v. Hill
Complete preemption divests trial court of subject matter jurisdiction over state law claim by trustees of employee benefit plan. |
Civil Procedure |
|
Aug. 14, 2007 | |
05-55349
|
AmerisourceBergen Corp. v. Roden
'Younger' abstention is not proper where district court should have stayed federal suit pending completion of California action. |
Civil Procedure |
|
Aug. 13, 2007 | |
05-15189
|
Giles v. General Motors Acceptance Corp.
District court errs in applying Nevada's preclusion law with respect to contract claims by car dealerships against General Motors. |
Civil Procedure |
|
Aug. 12, 2007 | |
05-36047
|
McElmurry v. U.S. Bank National Association
Collateral order exception does not apply where order denying notice to potential plaintiffs is not 'effectively unreviewable on appeal from final judgment.' |
Civil Procedure |
|
Aug. 8, 2007 | |
A112101
|
Smith v. Exxon Mobile Oil Corp.
Collateral estoppel improperly applied where absence of expert testimony in prior action deprived oil company of opportunity to defend against asbestos claim. |
Civil Procedure |
|
Aug. 6, 2007 | |
C051868
|
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 |
|
Aug. 6, 2007 | |
H030624
|
E-Fab Inc. v. Accountants Inc. Services
Trial court errs in finding time-barred plaintiff's claims against staffing agency over accountant who embezzled nearly $1 million. |
Civil Procedure |
|
Aug. 5, 2007 | |
05-15978
|
Payan v. Aramark Management Services LP
Title VII action is time-barred where litigant is presumed to receive notice three days from issuance of right-to-sue letter. |
Civil Procedure |
|
Aug. 2, 2007 | |
D049051
|
Valenzuela v. California State Personnel Board (Dept. of Corrections and Rehabilitation)
Corrections officer's dismissal is not proper where notice prohibiting foreign diet pills was not sufficient for due process purposes. |
Civil Procedure |
|
Aug. 1, 2007 | |
A113318
|
Chosak v. Alameda County Medical Center
Medical malpractice action is properly dismissed where optometry student is deemed 'health care provider' protected by one-year statute of limitations. |
Civil Procedure |
|
Jul. 30, 2007 | |
B190681
|
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. 29, 2007 | |
B190031
|
City of Los Angeles v. Glair
Court lacks jurisdiction to hear time-barred appeal, even if defendant only challenges denial of motion for judgment notwithstanding the verdict. |
Civil Procedure |
|
Jul. 26, 2007 | |
B192862
|
Societe Civile Succession Richard Guino v. Redstar Corp.
California Court erroneously denies enforcement of French judgment for 3 million francs. |
Civil Procedure |
|
Jul. 25, 2007 | |
C054185
|
Arias v. Superior Court (Angelo Dairy)
Individual must bring representative claims as class action pursuant to Unfair Competition Law but not Labor Code Private Attorneys General Act. |
Civil Procedure |
|
Jul. 25, 2007 | |
D050464
|
Wang v. Wal-Mart Real Estate Business Trust
Anti-SLAPP does not apply to Wal-Mart's 'protected' permit activities, which were only incidental to private transaction at heart of seller's complaint. |
Civil Procedure |
|
Jul. 25, 2007 | |
B191812
|
Advantec Group Inc. v. Edwin's Plumbing Co. Inc.
Answer containing general denial of material allegations sufficiently controverts contractor's allegation of licensure, requiring proof by production of verified certificate. |
Civil Procedure |
|
Jul. 24, 2007 |