Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-36141
|
P.N. v. Seattle School District No. 1
Where claimant is not prevailing party because settlement agreement for underlying IDEA claim lacked judicial imprimatur, he cannot recover attorney fees. |
Civil Procedure |
|
Jan. 29, 2007 | |
D048782
|
Jeld-Wen Inc. v. Superior Court (Marlborough Development Corp.)
Trial courts may not order parties in complex construction defect case to attend and pay for private mediation. |
Civil Procedure |
|
Jan. 25, 2007 | |
S133794
|
Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead)
Privacy interests of customers who lodged complaints with manufacturer about product are not violated by disclosure of their contact information to class action plaintiff. |
Civil Procedure |
|
Jan. 25, 2007 | |
A112880
|
Bettencourt v. City and County of San Francisco
Pursuant to applicable civil action tolling provision, disciplinary charges against officers were timely filed before expiration of one-year limitations period. |
Civil Procedure |
|
Jan. 24, 2007 | |
F049379
|
Sofranek v. Merced County
Where county's course of conduct was inconsistent with treating limitations period as running from specific date, doctrine of estoppel applied. |
Civil Procedure |
|
Jan. 23, 2007 | |
05-30266
|
U.S. v. Jawara
'Same or similar character' basis for joinder cannot join immigration crimes that are unrelated in purpose, timing, location, modus operandi and evidence. |
Civil Procedure |
|
Jan. 23, 2007 | |
05-15238
|
Conlon v. United States
Courts must consider factors set forth in Federal Rule of Civil Procedure 36(b) in deciding motions to grant or amend requests for admissions. |
Civil Procedure |
|
Jan. 19, 2007 | |
04-16920
|
Efaw v. Williams
District court abused its discretion in denying defendant's motion to be dismissed based on plaintiff's failure to comply with FRCP 4(m). |
Civil Procedure |
|
Jan. 19, 2007 | |
04-56470
|
Henrichs v. Valley View Development
In appeal stemming from quiet title action in state courts, declaratory relief claim is barred pursuant to 'Rooker-Feldman' doctrine. |
Civil Procedure |
|
Jan. 19, 2007 | |
05-10478
|
U.S. v. Lee
Conviction for mistreatment of garment factory workers stands where court had jurisdiction and venue was proper. |
Civil Procedure |
|
Jan. 12, 2007 | |
04-35655
|
Huseman v. Icicle Seafoods Inc.
Court's failure to make specific findings of prejudice to support laches bar made its determination that employee's claim was time-barred erroneous. |
Civil Procedure |
|
Jan. 12, 2007 | |
C053780
|
Slayton v. Superior Court (Slayton)
Where personnel records of sheriff's deputy could contain evidence of brutality that may substantiate wife's domestic violence claims, in camera review was warranted. |
Civil Procedure |
|
Jan. 11, 2007 | |
B188106
|
Pfizer Inc. v. Superior Court (Galfano)
In false advertising case, class certification is not proper where class members must have suffered injury in fact. |
Civil Procedure |
|
Jan. 11, 2007 | |
05-16067
|
Aguon-Schulte v. Guam Election Commission
Appellate review of district court's denial of motion to disqualify counsel and order of removal are statutorily prohibited in certain circumstances. |
Civil Procedure |
|
Jan. 10, 2007 | |
C051946
|
People v. Superior Court (Maury)
Defendant need not demonstrate that requested materials actually exist and are in prosecution's possession as prerequisite to obtaining order for discovery. |
Civil Procedure |
|
Jan. 10, 2007 | |
C049794
|
Jacob B. v. County of Shasta
Privacy claim must yield to privilege where letter stating plaintiff molested child was submitted to court. |
Civil Procedure |
|
Jan. 10, 2007 | |
B188278
|
Cable Connection Inc. v. DIRECTV Inc.
Parties subject to binding arbitration agreement may not contractually expand court's jurisdiction to review arbitration award for legal error. |
Civil Procedure |
|
Jan. 10, 2007 | |
B180735
|
Simmons v. Ghaderi
In medical malpractice action, provisions governing mediation confidentiality did not prevent plaintiff from introducing evidence of oral settlement agreement. |
Civil Procedure |
|
Jan. 10, 2007 | |
G036433
|
Kolar v. Donahue, McIntosh & Hammerton
Client's legal malpractice action against attorney did not arise from activity protected under anti-SLAPP statute. |
Civil Procedure |
|
Jan. 9, 2007 | |
B178729
|
Gottlieb v. Kest
Summary judgment based on doctrine of judicial estoppel was not proper where bankruptcy court had not accepted prior position as true. |
Civil Procedure |
|
Jan. 9, 2007 | |
B188984
|
Guseinov v. Burns
Arbitrator has no duty to disclose his prior service as pro bono mediator where there is no basis for disqualification. |
Civil Procedure |
|
Jan. 8, 2007 | |
D047231
|
Kelly v. Haag
Without evidence of defendant's actual financial condition at time of trial, any award of punitive damages is unsupported by substantial evidence and excessive. |
Civil Procedure |
|
Jan. 8, 2007 | |
H029574
|
Sheppard v. Lightpost Museum Fund
Arbitration claims filed only in arbitral forums are not subject to special motion to strike under Code of Civil Procedure Section 425.16. |
Civil Procedure |
|
Jan. 8, 2007 | |
04-35182
|
Baker v. Exxon Mobile Corp.
Where ratio of punitive damages to economic harm was disproportionate, award imposed on oil company was reduced to $2.5 billion to reflect mitigating factors. |
Civil Procedure |
|
Jan. 8, 2007 | |
F049966
|
Wagner Farms Inc. v. Modesto Irrigation District
Party to litigation could not be charged with costs reflecting time spent preparing documents created after disputed project's approval. |
Civil Procedure |
|
Jan. 8, 2007 | |
B188995
|
Sunset Millennium Associates v. LHO Grafton Hotel
Renewed special motion to strike was properly granted pursuant to Code of Civil Procedure Section 425.17(c) which contains exceptions to screening mechanism. |
Civil Procedure |
|
Jan. 8, 2007 | |
D048064
|
Cruz v. Fagor America Inc.
Plaintiff met requirements for effective service of process on foreign corporation and trial court abused its discretion in granting defendant equitable relief. |
Civil Procedure |
|
Jan. 8, 2007 | |
B181246
|
Jogani v. Jogani
Summary judgment based on judicial estoppel is not proper where courts in prior judgment debtor proceedings did not accept testimony as true. |
Civil Procedure |
|
Jan. 8, 2007 | |
A112761
|
Carpenter v. Superior Court (Yamaha Motor Corp.)
Court order must list standardized psychological exams party must undergo, and party is entitled to copy of exam absent evidence of copyright protection. |
Civil Procedure |
|
Jan. 8, 2007 | |
B183033
|
Dutra v. Eagleson
Plaintiff's childhood sexual abuse claim was subject to discovery rule of Code of Civil Procedure Section 340.1 and not its 2003 revival period. |
Civil Procedure |
|
Jan. 2, 2007 |