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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
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
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
Levitz v. The Warlocks
Tentative settlement agreement with open material terms is not binding settlement on parties permitting court to dismiss underlying action. 		Civil Procedure Mar. 13, 2007
Lowdermilk v. United States Bank National Assoc.
Party seeking removal must prove to legal certainty that amount in controversy jurisdictional requirement is satisfied, notwithstanding lower amount stated in complaint. 		Civil Procedure Mar. 9, 2007
Ohel Rachel Synagogue v. United States
Government need not disgorge interest earned on seized currency where it does not initiate judicial forfeiture proceedings. 		Civil Procedure Mar. 9, 2007
Sinaiko Healthcare Consulting Inc. v. Pacific Healthcare Consultants
Service of untimely response to interrogatories does not divest trial court of its authority to hear and grant motion to compel response. 		Civil Procedure Mar. 9, 2007
Kouri v. Superior Court (BDO Seidman)
If auditors' deviations from generally accepted accounting principles raises inference of fraud or recklessness, it also raises triable issue for investors misrepresentation claim. 		Civil Procedure Mar. 9, 2007
Serrano v. 180 Connect Inc.
Where defendants removed case, class action plaintiff seeking remand bears burden of proof as to 'home-state controversy' exception. 		Civil Procedure Mar. 9, 2007
Sinochem International Co. v. Malaysia International Shipping Co.
In dismissing action for forum non conveniens, court may presume, rather than dispositively decide, that it had proper jurisdiction over claim. 		Civil Procedure Mar. 9, 2007
Progressive West Insurance Co. v. Preciado
In case where plaintiff alleges unfair business practices against insurance company, Class Action Fairness Act does not grant federal court removal jurisdiction. 		Civil Procedure Mar. 9, 2007
Hernandez v. City of Pomona
Res judicata did not bar decedent's family from initiating state negligence action after federal excessive force action had been decided. 		Civil Procedure Mar. 8, 2007
McMullen v. Haycock
Mere transfer of fully exempt private retirement plan assets to IRA did not eliminate their full exemption from execution for purposes of satisfying judgment. 		Civil Procedure Mar. 7, 2007
Bonander v. Town of Tiburon
Case involving validation statutes is properly dismissed where plaintiffs failed to comply with publication of notice requirements. 		Civil Procedure Mar. 7, 2007
Holcombe v. Hosmer
Constitutional claim is claim precluded if it could have been raised at earlier proceedings regarding employment claim arising from same set of facts. 		Civil Procedure Mar. 7, 2007
Taus v. Loftus
Appellate court properly found evidence presented by plaintiff is sufficient to establish prima facie case under intrusion-into-private-matters tort. 		Civil Procedure Mar. 7, 2007
Dyer v. Childress
Anti-SLAPP statute does not protect 'Reality Bites' producers where defamation claim based on unflattering portrayal of slacker is not issue of public interest. 		Civil Procedure Mar. 7, 2007
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Employee was required to set aside employer's decision in writ of mandate proceeding as prerequisite to filing civil tort action. 		Civil Procedure Mar. 7, 2007
People v. Vogel
Defendant whose appeal presents new charges and evidence is still barred from relitigating probable cause issue stemming from same arrest. 		Civil Procedure Mar. 7, 2007
Moran v. Murtaugh Miller Meyer & Nelson
In assessing whether vexatious litigant has reasonable probability of success on his claim, trial court may weigh evidence presented on motion. 		Civil Procedure Mar. 7, 2007
Poizner v. Fremont General Corp.
Trial court erred by taking judicial notice of enforceability and proper interpretation of letter agreement and deciding questions in ruling on demurrer. 		Civil Procedure Mar. 1, 2007
Christian Research Institute v. Alnor
For defamation claim to survive anti-SLAPP motion, public figures must demonstrate falsity by preponderance of evidence, and malice by clear and convincing evidence. 		Civil Procedure Mar. 1, 2007
Franklin Capital Corp. v. Wilson
Plaintiff had right to voluntarily dismiss case without prejudice day before OSC hearing. 		Civil Procedure Mar. 1, 2007
Moran v. Murtaugh, Miller, Meyer & Nelson LLP
Trial court may weigh evidence to decide whether to require security of vexatious litigant. 		Civil Procedure Feb. 28, 2007
Thorson v. Palmer
Offender's federal habeas corpus petition fell outside limitations period where state habeas petition was deemed untimely and tolling provision did not apply. 		Civil Procedure Feb. 22, 2007
National Association of Agriculture Employees v. Federal Labor Relations Authority
Court lacks jurisdiction where Federal Labor Relations Authority's professional status finding was component of appropriate collective bargaining unit determination. 		Civil Procedure Feb. 16, 2007
Glatman v. Valverde
Lapse of one week between DUI arrest and certification of defendant's blood test results is too long to satisfy public record hearsay exception. 		Civil Procedure Feb. 16, 2007
Kurwa v. Harrington, Foxx, Dubrow & Canter LLP
Letter sent by physician's attorney to HMO seeking to terminate capitation agreement was not protected speech under anti-SLAPP law. 		Civil Procedure Feb. 16, 2007
Adams v. State of California Dept. of Health Services
In case involving withdrawal of conditional offer of employment, court properly dismisses duplicative complaint filed by plaintiff. 		Civil Procedure Feb. 16, 2007
Kemp Bros. Construction Inc. v. Titan Electric Corp.
Right to attach order is improperly granted where defendant is not precluded from litigating alleged breach of contract issue. 		Civil Procedure Feb. 16, 2007
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