Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B180062
|
Seever v. Copley Press Inc.
Where employer prevailed in discrimination action against it, award for costs of preparing unused trial exhibits was not proper. |
Civil Procedure |
|
Nov. 2, 2006 | |
05-56664
|
Reddam v. KPMG
District court erred when it remanded case after finding arbitration agreement became unenforceable because NASD arbitrator had declined jurisdiction. |
Civil Procedure |
|
Nov. 1, 2006 | |
04-16389
|
AMERCO v. NLRB
In case involving NLRB, district court did not err in dismissing employer's request for injunctive relief based on lack of subject matter jurisdiction. |
Civil Procedure |
|
Nov. 1, 2006 | |
B187011
|
Hawks v. Hawks
Trial court's reliance on Code of Civil Procedure Section 583.410(a) for dismissal was improper. |
Civil Procedure |
|
Nov. 1, 2006 | |
B175530
|
Armenta ex. rel. City of Burbank v. Mueller Co.
Court abused its discretion when it conditioned party's ability to file second amended complaint on compliance with detailed discovery demand. |
Civil Procedure |
|
Nov. 1, 2006 | |
A112311
|
California Correctional Peace Officers Assoc. v. State
Existence of potentially dispositive statutory issue will not prevent enforcement of arbitration agreement, and arbitrator is authorized to interpret statute at arbitration. |
Civil Procedure |
|
Nov. 1, 2006 | |
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 |
|
Nov. 1, 2006 | |
04-15577
|
Peeble Beach Co. v. Caddy
Because defendant did not aim conduct at California or United States, district court properly determined that it lacked personal jurisdiction. |
Civil Procedure |
|
Oct. 26, 2006 | |
G034755
|
People ex rel. Lockyer v. Brar
Motion to set aside default was properly denied against attorney who filed shakedown lawsuits against small businesses. |
Civil Procedure |
|
Oct. 25, 2006 | |
B185841
|
Burkle v. Burkle
Based on inspection rights of Corporations Code Section 17453 provided to members of foreign companies, plaintiff is entitled to discovery of financial records. |
Civil Procedure |
|
Oct. 25, 2006 | |
A108572
|
Klussman v. Cross Country Bank
In credit cardholder agreement, waiver of right to bring class-wide arbitration was unenforceable under California law. |
Civil Procedure |
|
Oct. 24, 2006 | |
04-55096
|
Brother Records Inc. v. Jardine
There is no abuse of discretion where federal district court followed state court's ruling in regard to res judicata. |
Civil Procedure |
|
Oct. 24, 2006 | |
C049470
|
Kreeger v. Wanland
Denial of special motion to strike is proper where plaintiffs had right to pursue malicious prosecution claim. |
Civil Procedure |
|
Oct. 23, 2006 | |
S126715
|
Soukup v. Law Offices of Herbert Hafif
In case involving malicious prosecution action under SLAPPback statute, plaintiff has shown probability of prevailing on her claim. |
Civil Procedure |
|
Oct. 23, 2006 | |
S128429
|
Flatley v. Mauro
Party whose petitioning activity was illegal and unprotected by guarantee of free speech could not use anti-SLAPP statute to strike complaint. |
Civil Procedure |
|
Oct. 23, 2006 | |
S127513
|
S.B. Beach Properties v. Berti
Defendants who did not file anti-SLAPP motion before plaintiffs' voluntary dismissal may not recover attorney fees and costs under anti-SLAPP statute. |
Civil Procedure |
|
Oct. 23, 2006 | |
C049472
|
Witte v. Kaufman
Anti-SLAPP statute does not award attorney fees to attorney representing himself, however cost of retaining outside counsel to assist may be compensated. |
Civil Procedure |
|
Oct. 23, 2006 | |
A111153
|
Dunbar v. Albertson's Inc.
In case against grocery store chain, denial of class certification is proper where it is necessary to evaluate liability on individual basis. |
Civil Procedure |
|
Oct. 22, 2006 | |
A109303
|
Mendoza v. Brodeur
Unlicensed roofer, not entitled to workers' compensation, may still pursue tort claim because employer did not provide workers' compensation insurance. |
Civil Procedure |
|
Oct. 22, 2006 | |
A112661
|
Ray v. Goodman
In personal injury case, post-judgment order is not proper where court awarded pre-judgment interest from date of second settlement offer. |
Civil Procedure |
|
Oct. 22, 2006 | |
B183709
|
Fininen v. Barlow
Where mediator was involved in party's earlier case, judgment upholding arbitration award is proper. |
Civil Procedure |
|
Oct. 22, 2006 | |
A112311
|
California Correctional Peace Officers Assoc. v. State
Existence of potentially dispositive statutory issue will not prevent enforcement of arbitration agreement, and arbitrator is authorized to interpret statute at arbitration. |
Civil Procedure |
|
Oct. 22, 2006 | |
G035605
|
Moghaddam v. Bone
Where notice of motion to set aside default and default judgment were wrongly addressed, party lacked proper notice and order was void. |
Civil Procedure |
|
Oct. 22, 2006 | |
A112273
|
Okoro v. City of Oakland
Where entry of judgment was not directed against unnamed defendants, action remained pending through time for filing appeal from final order. |
Civil Procedure |
|
Oct. 22, 2006 | |
C049936
|
Service Employees International Union Local 1000 v. Dept. of Personnel Administration
If collective bargaining agreement provides process for dispute settlement, party alleging constitutional violation must first exhaust this process before filing lawsuit. |
Civil Procedure |
|
Oct. 22, 2006 | |
S131641
|
Kibler v. Northern Inyo County Local Hospital District
SLAPP procedure is available in suit brought by physician and arising out of disciplinary recommendation by hospital's peer review committee. |
Civil Procedure |
|
Oct. 20, 2006 | |
S131798
|
Californians for Disability Rights v. Mervyn's
Amended standing provisions of Proposition 64 apply to pending cases. |
Civil Procedure |
|
Oct. 20, 2006 | |
S132433
|
Branick v. Downey Savings and Loan Association
Amended standing provisions of Proposition 64, applying to pending cases, do not expressly or implicitly forbid amendment of complaints to substitute new plaintiffs. |
Civil Procedure |
|
Oct. 20, 2006 | |
04-35592
|
Johnson v. Columbia Properties Anchorage LP
For diversity purposes, limited liability company was citizen of every state of which its owners/members were citizens. |
Civil Procedure |
|
Oct. 19, 2006 | |
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 |
|
Oct. 19, 2006 |