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Wakefield v. Bohlin
Plaintiff qualifying as prevailing party under Code of Civil Procedure Section 1032 was entitled to award of costs as matter of right. 		Civil Procedure Dec. 20, 2006
Matera v. McLeod
Where trial court vacated ruling upon reconsideration and effectively reinstated judgment, time to appeal judgment began to run when judgment was reinstated. 		Civil Procedure Dec. 20, 2006
Levine v. Smith
Court properly set aside default judgment as void because it was greater than amount demanded in first amended complaint. 		Civil Procedure Dec. 20, 2006
Britts v. Superior Court (Berg & Berg Enterprises)
All discovery motions, including those pending when special motion to strike is filed, are 'discovery proceedings' for purposes of anti-SLAPP statute. 		Civil Procedure Dec. 20, 2006
Sony Electronics Inc. v. Superior Court (Hapner)
Class membership based on ultimate issue of liability is not ascertainable because class definition must be based on objective criteria. 		Civil Procedure Dec. 20, 2006
Boonyarit v. Payless Shoesource Inc.
Defendant who is voluntarily dismissed from complaint must secure entry of order or judgment of dismissal to be prevailing party and recover costs. 		Civil Procedure Dec. 20, 2006
Goold v. Superior Court (Goold)
Upon first finding of contempt, court must sentence contemner to community service or imprisonment, and may award complainant attorney fees as well. 		Civil Procedure Dec. 20, 2006
Tu v. National Transportation Safety Board
FAA denied pilot due process when it failed to provide him with notice reasonably calculated to inform him of suspension. 		Civil Procedure Dec. 15, 2006
Delfino v. Agilent Technologies Inc.
Employer that provides its employees with Internet access is immune from liability under Communications Decency Act for messages sent by employee. 		Civil Procedure Dec. 15, 2006
Fair v. Bakhtiari
Arbitration clause in memorandum recording settlement terms fails to satisfy 'enforceable' or 'binding' standard of Evidence Code Section 1123(b). 		Civil Procedure Dec. 15, 2006
S.J. v. Issaquah School District No. 411
Federal court borrowing state's time period for filing suit brought under federal law should not also borrow state's time limits for serving complaint. 		Civil Procedure Dec. 15, 2006
Ross v. Kish
Special motion to strike is properly denied where attorney shows probability of prevailing on malicious prosecution claim against former client. 		Civil Procedure Dec. 13, 2006
Fair v. Bakhtiari
Agreement that all disputes are subject to arbitration is admissible to show that parties intended to be bound by it. 		Civil Procedure Dec. 11, 2006
Noya v. A.W. Coulter Trucking
Insurer may not challenge insured's settlement agreement after it failed to tender defense for insured to avoid liability for settlement amount. 		Civil Procedure Dec. 8, 2006
Nagrampa v. MailCoups Inc.
In dispute regarding arbitration provision in franchise agreement, district court failed to properly apply California law regarding unconscionability. 		Civil Procedure Dec. 7, 2006
Williams v. Costco Wholesale Corp.
If amended complaint changes grounds for federal jurisdiction, but jurisdiction exists, party who properly removed case need not file second removal notice. 		Civil Procedure Dec. 7, 2006
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 Dec. 7, 2006
Barratt American Inc. v. City of Encinitas
Court erroneously applied 120-day limitations period to claim that city improperly increased building permit fees without proper approval. 		Civil Procedure Dec. 7, 2006
AmerUS Life Insurance Co. v. Bank of America
In case regarding issuance of fraudulent insurance policies, three-year statute of limitations bars insurer's conversion claim against bank. 		Civil Procedure Dec. 7, 2006
O'Donnell v. Vencor Inc.
Statute of limitations for claims brought under Equal Pay Act may be subject to equitable tolling. 		Civil Procedure Dec. 7, 2006
County of Colusa v. California Wildlife Conservation Board
Where county was successful party with respect to procedural claim against state agencies, it was entitled to award of attorney fees. 		Civil Procedure Dec. 6, 2006
Vedanta Society of Southern California v. California Quartet Ltd.
Environmental group is not entitled to attorney fees for successfully halting housing development project. 		Civil Procedure Dec. 6, 2006
Zavala v. Scott Brothers Dairy Inc.
Denial of petition to compel arbitration is proper where plaintiffs' claims do not arise under collective bargaining agreement. 		Civil Procedure Dec. 6, 2006
Huynh v. Chase Manhattan Bank
Applying appropriate choice-of-law rules, claims of Vietnamese bank depositors seeking to recover lost funds made in foreign banks were time-barred. 		Civil Procedure Dec. 6, 2006
Merrill Lynch, Pierce, Fenner and Smith v. ENC Corp.
In interpleader action, Republic of the Philippines is not indispensable party under Federal Rule of Civil Procedure 19(b). 		Civil Procedure Dec. 5, 2006
Leon v. IDX Systems Corp.
Dismissal with prejudice of plaintiff's claims was proper after district court determined plaintiff despoiled evidence by deleting files from employer-issued computer. 		Civil Procedure Dec. 5, 2006
Curl v. Superior Court (People)
Offender seeking post-conviction discovery did not carry burden to show prosecution failed to present discovery materials it was obligated to produce. 		Civil Procedure Nov. 28, 2006
Summers v. McClanahan
Plaintiff improperly served defendant under Code of Civil Procedure Section 416.90 when plaintiff served summons and complaint on defendant's personal manager. 		Civil Procedure Nov. 28, 2006
Cooley v. Superior Court (Greenstein)
Motion to enforce deposition subpoena duces tecum against DA's office was improperly granted where DA's office is not custodian of records. 		Civil Procedure Nov. 28, 2006
The Newport Beach Country Club Inc. v. Founding Members of the Newport Beach Country Club
Where court decides case on two alternate grounds, judgment is binding under principle of res judicata only on ground addressed by appellate court 		Civil Procedure Nov. 28, 2006
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