Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-56865
|
Herman Family Revocable Trust v. Teddy Bear
In case where federal district court found it lacked admiralty jurisdiction, it also lacked supplemental jurisdiction over state law claims. |
Civil Procedure |
|
Aug. 24, 2001 | |
00-56216
|
Calhoun v. Stahl
Denial to proceed in forma pauperis is proper where accused parties are immune from suit. |
Civil Procedure |
|
Aug. 24, 2001 | |
00-1028
|
Garrett v. Stratman
Appeals court lacks jurisdiction to review summary judgment on qualified immunity matter decided solely on sufficiency of evidence. |
Civil Procedure |
|
Aug. 24, 2001 | |
00-7039
|
Bowen v. Amoco Pipeline Co.
Among other things, parties may not contract for expanded judicial review of arbitration awards. |
Civil Procedure |
|
Aug. 24, 2001 | |
00-55396
|
City of Los Angeles v. Kaiser International
Court lacks jurisdiction to hear interlocutory appeal when party failed to obtain certification from district court. |
Civil Procedure |
|
Aug. 24, 2001 | |
00-35100
|
S.V. v. Sherwood School District
Tuition-reimbursement claim brought pursuant to Individuals with Disabilities Education Act is governed by two-year statute of limitations. |
Civil Procedure |
|
Aug. 24, 2001 | |
99-56130
|
Breed v. Hughes Aircraft Company
Federal Circuit court has exclusive jurisdiction over complaint that includes patent law claim. |
Civil Procedure |
|
Aug. 23, 2001 | |
00-1302
|
John Roe #2 v. Ogden
Law school graduates who have not yet taken bar exam are entitled to file lawsuit challenging questions on bar application. |
Civil Procedure |
|
Aug. 23, 2001 | |
B129628
|
Los Angeles Unified School District of Los Angeles County v. Wilshire Center Marketplace
Among other things, award of costs on appeal isn't part of judgment and thus doesn't defer entry of final judgment. |
Civil Procedure |
|
Aug. 23, 2001 | |
A092813
|
America Online Inc. v. Superior Court (Mendoza)
Forum selection clause is unenforceable because it waives rights contrary to public policy and selected state provides fewer remedies than California. |
Civil Procedure |
|
Aug. 23, 2001 | |
99-3324
|
Prairie Band of Potawatomi Indians
Because court correctly analyzes four factor test in deciding whether to grant preliminary injunciton, granting injunction was not abuse of discretion. |
Civil Procedure |
|
Aug. 23, 2001 | |
B135352
|
Payne v. National Collection Systems Inc.
Complaint against airline by job seekers is barred by previous lawsuit but may be amended and resubmitted. |
Civil Procedure |
|
Aug. 23, 2001 | |
F032493
|
Lewis C. Nelson & Sons Inc. v. Clovis Unified School District
Civil Code Section 3287, which allows prejudgment interest on unliquidated claims, applies to public entities. |
Civil Procedure |
|
Aug. 23, 2001 | |
B139450
|
Fisher v. Gibson
Civil defendant who could suffer criminal prosecution must present evidence justifying summary judgment opposition beyond the mere possibility of self-incrimination. |
Civil Procedure |
|
Aug. 23, 2001 | |
S087319
|
Foxgate Homeowners Assoc. Inc. v. Bramalea California Inc.
Mediator and participants may not reveal communications made during mediation and mediator may not report to court about participants' conduct during mediation. |
Civil Procedure |
|
Aug. 22, 2001 | |
S086787
|
Styne v. Stevens
Talent Agencies Act's one-year statute of limitations does not bar Act-based defense in breach of contract action. |
Civil Procedure |
|
Aug. 22, 2001 | |
B148105
|
Deauville Restaurant Inc. v. Superior Court (Taylor)
Court errs in denying peremptory challenge when second application for writ of attachment isn't motion for reconsideration, but instead is renewed motion. |
Civil Procedure |
|
Aug. 22, 2001 | |
B145178
|
Porter v. United Services Automobile Association
Order denying arbitration in California but advising arbitration in other state may be appealed. |
Civil Procedure |
|
Aug. 22, 2001 | |
S090791
|
People v. Mitchell
Appellate court has authority to correct clerical error in abstract of judgment. |
Civil Procedure |
|
Aug. 22, 2001 | |
C028694
|
State Farm Fire & Casualty Co. v. Pietak
Party is entitled to relief when failure to file compulsory cross-complaint is due to attorney's reasonable mistake. |
Civil Procedure |
|
Aug. 21, 2001 | |
00-03719
|
Ho v. Ikon Office Solutions Inc.
National corporation seeking federal jurisdiction may use 'nerve center test' where no state contains substantial predominance of corporation's business activities. |
Civil Procedure |
|
Aug. 16, 2001 | |
S082236
|
McCall v. PacifiCare of California Inc.
Exhaustion of administrative remedies under Medicare Act isn't required where state law claims against HMO don't seek payment of Medicare claim. |
Civil Procedure |
|
Aug. 14, 2001 | |
B143841
|
Hightower v. Superior Court (O'Dowd)
Arbitrator's 'partial final award' is proper when impliedly authorized by parties agreement and consistent with broad authority granted arbitrator by applicable rules. |
Civil Procedure |
|
Aug. 14, 2001 | |
B133453
|
Dana Commercial Credit Corp. v. Ferns & Ferns
Court of Appeal has inherent power to impose sanctions for filing frivolous motions on appeal. |
Civil Procedure |
|
Aug. 13, 2001 | |
B140195
|
Barnett v. Penske Truck Leasing
Prevailing party on summary judgment is entitled to sanctions if losing party failed to admit truth of matter ultimately proved genuine. |
Civil Procedure |
|
Aug. 13, 2001 | |
H021901
|
Grant v. Superior Court (In re Jacobs)
Peremptory challenge of judge may not be filed unless there is pending trial or hearing. |
Civil Procedure |
|
Aug. 13, 2001 | |
69753-1
|
To-Ro Trade Shows v. Collins
Business failing to present actual immediate dispute in which it has a direct, substantial interest cannot bring action for declaratory relief. |
Civil Procedure |
|
Aug. 13, 2001 | |
46372-1
|
Foss Maritime Co. v. City of Seattle
Court lacks authority to dismiss case when case is noted for trial before opponent makes motion to dismiss. |
Civil Procedure |
|
Aug. 13, 2001 | |
G028185
|
Neal v. Superior Court (Neal)
Family law dispute should not have been filed in civil court. |
Civil Procedure |
|
Aug. 10, 2001 | |
A088611
|
Guardians of Elk Creek Old Growth v. California Dept. of Forestry and Fire Protection
Petitioner has 90 days from date of filing to request hearing unless court fails to notify parties of change in venue. |
Civil Procedure |
|
Aug. 10, 2001 |