| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-597
|
Unitherm Food Systems Inc. v. Swift-Eckrich Inc.
Federal Court of Appeals cannot grant new trial where party failed to renew its motion for judgment as matter of law. |
Civil Procedure |
|
Jan. 27, 2006 | |
|
B179321
|
Bhatt v. State Dept. of Health Services
Reports prepared by fiscal intermediary on behalf of government agency qualify as official record. |
Civil Procedure |
|
Jan. 25, 2006 | |
|
A110564
|
Bricker v. Superior Court (Stunich)
Court's dismissal of appeal from judgment without hearing violated claimant's due process rights. |
Civil Procedure |
|
Jan. 25, 2006 | |
|
A104481
|
Peregrine Funding Inc. v. Sheppard Mullin Richter & Hampton
Litigation tactics utilized by firm concerned protected 'petitioning activity' for purposes of anti-SLAPP statute. |
Civil Procedure |
|
Jan. 25, 2006 | |
|
B179978
|
Ovitz v. Schulman
Federal Arbitration Act standard for vacating award due to lack of disclosure by arbitrator does not preempt California standard. |
Civil Procedure |
|
Jan. 25, 2006 | |
|
A108117
|
Him v. City and County of San Francisco
City's evidence of proofs of mailing claim rejection notices is sufficient to bar plaintiffs' lawsuit as untimely. |
Civil Procedure |
|
Jan. 24, 2006 | |
|
B175005
|
Bennett v. Regents of the University of California
Simultaneous incineration of bodies of Willed Body Program donors by university is not actionable wrong. |
Civil Procedure |
|
Jan. 24, 2006 | |
|
B181881
|
Shapell Industries Inc. v. Superior Court (Stark)
Voluntary dismissal of named representative plaintiff of class did not divest court of subject matter jurisdiction. |
Civil Procedure |
|
Jan. 24, 2006 | |
|
03-35058
|
Sandpiper Village Condominium Association Inc. v. Louisiana-Pacific Corp.
District court may not enjoin entry of judgment in state action against defendant in resolved class action over which it retained jurisdiction. |
Civil Procedure |
|
Jan. 18, 2006 | |
|
G034912
|
Ruiz v. Harbor View Community Association
Allegedly libelous letters sent to homeowner by homeowner's association were protected speech under anti-SLAPP statute. |
Civil Procedure |
|
Jan. 17, 2006 | |
|
03-55548
|
Hawthorne Savings F.S.B. v. Reliance Insurance Co. of Illinois
District court's refusal to abstain in case involving state law contract dispute was not abuse of discretion. |
Civil Procedure |
|
Jan. 13, 2006 | |
|
G034912
|
Ruiz v. Harbor View Community Association
Allegedly libelous letters sent to homeowner by homeowner's association were protected speech under anti-SLAPP statute. |
Civil Procedure |
|
Jan. 12, 2006 | |
|
C049391
|
Kaufman & Broad Communities Inc. v. Performance Plastering Inc.
Court may take judicial notice of official committee and bill reports that constitute legislative history of tax code. |
Civil Procedure |
|
Dec. 29, 2005 | |
|
B183034
|
Burdusis v. Superior Court (Rent-A-Center Inc.)
Where proceeding did not address merits, there is no basis for filing peremptory challenge. |
Civil Procedure |
|
Dec. 29, 2005 | |
|
04-712
|
Lincoln Property Co. v. Roche
Defendants may remove action on diversity basis if complete diversity between plaintiffs and defendants exists and no defendant is forum state citizen. |
Civil Procedure |
|
Dec. 28, 2005 | |
|
A106879
|
Robertson v. Health Net of California Inc.
Arbitration clause that was not immediately above signature line of contract or prominently displayed was unenforceable. |
Civil Procedure |
|
Dec. 28, 2005 | |
|
B176461
|
The Foundation For Taxpayer and Consumer Rights v. Garamendi
Award of attorney fees was proper after intervenor's anti-SLAPP motion was deemed frivolous. |
Civil Procedure |
|
Dec. 28, 2005 | |
|
B179588
|
Doe 2 v. Superior Court (Calkins)
Court must determine whether church member's statements to pastor were privileged as penitential communications before granting discovery requests. |
Civil Procedure |
|
Dec. 28, 2005 | |
|
04-55044
|
Dwyer v. Duffy (In re Dwyer)
Friday after Thanksgiving is considered 'legal holiday' in California under federal bankruptcy provision. |
Civil Procedure |
|
Dec. 15, 2005 | |
|
B176381
|
Consumer Cause Inc. v. Johnson & Johnson
Consent judgment that prohibits exonerated defendants from committing future violations must be vacated. |
Civil Procedure |
|
Dec. 14, 2005 | |
|
05-55995
|
Bush v. Cheaptickets
Class action commenced when it was filed, not removed, for purposes of Class Action Fairness Act. |
Civil Procedure |
|
Dec. 14, 2005 | |
|
04-35115
|
Harris v. Bankers Life and Casualty Co.
Notice of removability is determined through examination of four corners of applicable pleading. |
Civil Procedure |
|
Dec. 14, 2005 | |
|
D045017
|
CPF Agency Corp. v. R&S Towing Service
State regulation regarding vehicle storage fees for nonconsensual towing services is not preempted by federal law. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
D044894
|
CPF Agency Corp. v. Sevel's 24 Hour Towing Service
State regulations regarding vehicle storage fees are not pre-empted by Federal Aviation Administration Authorization Act. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
B181881
|
Shapell Industries Inc. v. Superior Court (Stark)
Voluntary dismissal of named representative plaintiff of class did not divest court of subject matter jurisdiction. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
B174036
|
Doheny Park Terrace Homeowners Association Inc. v. Truck Insurance Exchange
One-year insurance claim revival period does not preclude application of equitable estoppel. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
04-35539
|
Tillison v. Gregoire
Washington state law restricting nonconsensual towing of vehicles is not preempted by federal law. |
Civil Procedure |
|
Dec. 11, 2005 | |
|
03-57064
|
McSherry v. City of Long Beach
Court order granting city's motion for judgment as matter of law was improper prior to presentation of evidence. |
Civil Procedure |
|
Dec. 6, 2005 | |
|
B161508
|
Godinez v. Schwarzenegger
Court may award private attorney general fees for meritorious suit that was catalyst for defendant's changed behavior. |
Civil Procedure |
|
Nov. 30, 2005 | |
|
D044941
|
Wal-Mart Real Estate Business Trust v. City Council of the City of San Marcos (Drake)
Citizens who successfully opposed Wal-Mart petition are entitled to attorney fees. |
Civil Procedure |
|
Nov. 29, 2005 |
