Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C052564
|
Shepard v. Edward Mackay Enterprises Inc.
Federal Arbitration Act pre-empts state law permitting plaintiff to avoid arbitration if dispute arose from transaction involving interstate commerce. |
Civil Procedure |
|
Mar. 23, 2007 | |
D045557
|
Bivens v. Gallery Corp.
Proposition 64 negates plaintiff's standing to pursue his claims under California's Unfair Competition Law and False Advertising Act. |
Civil Procedure |
|
Mar. 22, 2007 | |
D043407
|
Bivens v. Corel Corp.
Proposition 64 extinguished plaintiff's right to bring his claims on behalf of general public. |
Civil Procedure |
|
Mar. 22, 2007 | |
D042401
|
Lytwyn v. Fry's Electronics Inc.
Proposition 64 requires judgment on pleadings in favor of defendant regarding plaintiff's representative claims on behalf on general public. |
Civil Procedure |
|
Mar. 22, 2007 | |
B158840
|
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Member organization comprised of individually owned hotels may not be held liable for alleged Proposition 65 violations by members. |
Civil Procedure |
|
Mar. 22, 2007 | |
B188076
|
Van Horn v. Watson
Summary judgment is not appropriate where disputed facts exist as to friend's negligence and whether emergency 'rescue' increased passenger's risk of harm. |
Civil Procedure |
|
Mar. 22, 2007 | |
B188527
|
Mays v. City of Los Angeles
Police sergeant may not be officially reprimanded after one year of discovery of alleged misconduct. |
Civil Procedure |
|
Mar. 21, 2007 | |
H028994
|
Katz v. Campbell Union High School District
Where party's published summons did not specify concrete date for response and good cause was not demonstrated, matter was properly dismissed. |
Civil Procedure |
|
Mar. 21, 2007 | |
D047650
|
Day v. Collingwood
Court erred in determining that motion for sanctions was moot because it was filed postjudgment. |
Civil Procedure |
|
Mar. 21, 2007 | |
G036766
|
People v. Alvarado
Pursuant to Penal Code Section 786, in stolen property case, venue was proper in Orange County where property was stolen. |
Civil Procedure |
|
Mar. 21, 2007 | |
B163115
|
Oakland Raiders v. National Football League
Where new trial order does not specify juror misconduct on which it is premised, appellate court must independently review motion. |
Civil Procedure |
|
Mar. 21, 2007 | |
F050003
|
D.D., a Minor
Where court did not appoint guardian ad litem for minor father, termination of reunification services is not proper. |
Civil Procedure |
|
Mar. 21, 2007 | |
B185846
|
County of Los Angeles v. Harco National Insurance Co.
In bail forfeiture case, surety who failed to file timely notice of appeal was not entitled to collaterally attack judgment. |
Civil Procedure |
|
Mar. 21, 2007 | |
06-10234
|
U.S. v. Sadler
FRAP 4(b) is nonjurisdictional claim-processing rule whose untimely invocation forfeits criminal defendant's right to appeal. |
Civil Procedure |
|
Mar. 20, 2007 | |
D046702
|
Colony Hill v. Ghamaty
Appellate court lacks jurisdiction to review award of fees, unless order was separately appealed or entitlement to fees was included in judgment. |
Civil Procedure |
|
Mar. 20, 2007 | |
B185398
|
Collins v. Hertz Corp.
Summary judgment may be granted if opposing party fails to prepare papers that comply with applicable procedural rules. |
Civil Procedure |
|
Mar. 20, 2007 | |
D047369
|
Graciano v. Robinson Ford Sales Inc.
Reduction of prevailing party's award for attorney fees, base lodestar amount and counsel's hourly rate was abuse of discretion. |
Civil Procedure |
|
Mar. 20, 2007 | |
B182477
|
Aguiar v. Cintas Corporation No. 2
Potential conflict of interest between proposed class members may not defeat class certification if class may be divided into sub-classes. |
Civil Procedure |
|
Mar. 20, 2007 | |
B182088
|
SC Manufactured Homes Inc. v. Canyon View Estates Inc.
Defendants were not entitled to attorney fees under provision of Mobilehome Residency Law where case did not arise out of that law. |
Civil Procedure |
|
Mar. 20, 2007 | |
04-16688
|
Dukes v. Wal-Mart Inc.
Class certification is proper in sexual discrimination case brought by female employees of Wal-Mart. |
Civil Procedure |
|
Mar. 20, 2007 | |
S137238
|
Alan v. American Honda Motor Co. Inc.
Single, self-sufficient document, either entitled 'Notice of Entry' or file-stamped minute order is required to trigger 60-day appeal period. |
Civil Procedure |
|
Mar. 19, 2007 | |
B182088A
|
SC Manufactured Homes Inc. v. Canyon View Estates Inc.
Prevailing parties are properly denied attorney fees where case does not arise out of Mobilehome Residency Law. |
Civil Procedure |
|
Mar. 19, 2007 | |
G037194
|
Vasquez de Mercado v. Superior Court (McClung)
Fraud claim against veterinarian, seeking punitive damages for economic injury suffered by animal's owner, is not covered by Medical Injury Compensation Reform Act. |
Civil Procedure |
|
Mar. 19, 2007 | |
06-15886
|
In re Napster Inc. Copyright Litigation
Party seeking disclosure of attorney-client communications under crime-fraud exception must establish its applicability, and party asserting privilege has right to introduce countervailing evidence. |
Civil Procedure |
|
Mar. 16, 2007 | |
B165756
|
Alan v. American Honda Motor Co. Inc.
Appeal of order denying motion for class certification was not timely filed. |
Civil Procedure |
|
Mar. 15, 2007 | |
B187489
|
Luckett v. Keylee
Under vexatious litigant statutes, defendants are erroneously awarded attorney fees in amount of unposted bond. |
Civil Procedure |
|
Mar. 14, 2007 | |
05-8820
|
Lawrence v. Florida
Federal habeas application is untimely where tolling of limitations period during pendency of petition for certiorari is not permitted. |
Civil Procedure |
|
Mar. 14, 2007 | |
04-16917
|
Operating Engineers Local Union No. 3 v. Newmont Mining Corp.
Parties contracted to arbitrate significant question of fact regarding incident that may have taken place before collective bargaining agreement expired. |
Civil Procedure |
|
Mar. 14, 2007 | |
B188972
|
Shah v. McMahon
Challenging order awarding attorney fees to prevailing party on motion to expunge requires petition for writ of mandate, not appeal. |
Civil Procedure |
|
Mar. 13, 2007 | |
D048963
|
Aquila Inc. v. Superior Court (City and County of San Francisco)
Exercise of jurisdiction over foreign parent company is improper if parent lacks sufficient minimum contacts within state, and representative services doctrine is inapplicable. |
Civil Procedure |
|
Mar. 13, 2007 |