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Wagner v. City of South Pasadena (Landmark Theatre Corp.)
Summons is deemed served on date written acknowledgment of receipt is executed, not on date of mailing.
Civil Procedure May 16, 2001
Brush Wellman Inc. v. Lee (Stoecker)
Once party has exercised right to a peremptory change of judge, that right is not renewed upon remand after appeal.
Civil Procedure May 16, 2001
TCI Group Life Insurance Plan v. Knoebber
Default judgment is improper where defendant fails to respond to complaint due to extenuating circumstances and public policy favors decision on merits.
Civil Procedure May 16, 2001
Owens v. Kaiser Foundation Health Plan
Res judicata is properly invoked although plaintiffs did not receive 'right to sue' letters until after case had been dismissed with prejudice.
Civil Procedure May 16, 2001
U.S. v. Morrison
Federal statute that provides civil remedy for victims of gender-motivated violence is unconstitutional.
Civil Procedure May 15, 2001
Estrada v. Speno & Cohen
Court does not abuse discretion by ordering default judgment against party that willfully, repeatedly and persistently disobeyed court orders.
Civil Procedure May 15, 2001
Albano v. Norwest Financial Hawaii Inc.
After default judgment of foreclosure is entered, subsequent truth-in-lending claim against mortgagor is barred by res judicata.
Civil Procedure May 15, 2001
Judd v. University of New Mexico
Courts lacks jurisdiction over premature notice of appeal where order is subject to objections.
Civil Procedure May 15, 2001
Rodgers v. Wyoming Attorney General
Certificate of probable cause and of appealability are equivalent to notice of appeal when filed in compliance with federal appellate procedure.
Civil Procedure May 15, 2001
Wolfkill Feed and Fertilizer Corp. v. Martin
When not required by arbitration rules, judge's refusal to recuse himself or impose sanctions is not abuse of discretion.
Civil Procedure May 14, 2001
City of Moses Lake v. Grant County Boundary Review Board
Writ of prohibition only appropriate when state acting outside its jurisdiction and injured party does not have access to adequate legal remedy.
Civil Procedure May 14, 2001
Goggeil v. Okanogan County Mental Health Agency
Complaint against county must be brought in that county or two nearest judicial districts.
Civil Procedure May 14, 2001
Wood v. Lowe
Trial court properly denies request for attorney fees, costs and sanctions for denial of an alleged public records request.
Civil Procedure May 13, 2001
Robertson v. State of Washington Liquor Control Board
Federal Aviation Administration Authorization Act does not pre-empt state cigarette excise tax and seizure laws.
Civil Procedure May 13, 2001
Pederson v. Potter
Confession of judgment is 'final judgment on merits' for purpose of dismissing a claim based on res judicata.
Civil Procedure May 13, 2001
Era Sun River Realty Inc. v. Tri City Association of Realtors Inc.
Realtor waives right to subpoena witnesses by failing to request subpoena, voluntarily electing to proceed without them and stipulating hearing was fair.
Civil Procedure May 13, 2001
Mabe v. The Honorable Richard White
Superior Court does not have authority to adopt Local Writ Practice Rule that is inconsistent with statutory directives.
Civil Procedure May 13, 2001
Robinson v. Avis Rent a Car System
Summary judgment proper when consumers fail to carry their burden at trial to show genuine issue of material fact exists.
Civil Procedure May 13, 2001
Svob v. Bryan (In re Bryan)
Summary judgment erroneous when court faced with genuine issue of material fact as to when complaint placed in drop box.
Civil Procedure May 11, 2001
State of Washington v. Breazeale
Superior court has personal and subject matter jurisdiction in action to compel state patrol to seal criminal records.
Civil Procedure May 11, 2001
Schwartz v. Douglas
Relation-back doctrine applies to amended complaint when plaintiffs are unaware of defendant's death at time of service of original complaint.
Civil Procedure May 10, 2001
State v. Chapman
Foundation testimony isn't required to admit certified copies of driving record or order revoking driver's license.
Civil Procedure May 10, 2001
Rowe v. Vaagen Brothers Lumber Inc.
Defense's ex parte communication with two of plaintiff's expert witnesses warrants new trial.
Civil Procedure May 10, 2001
Giraud v. Quincy Farm and Chemical
Negligence claim against herbicide manufacturer is barred by three-year statute of limitations.
Civil Procedure May 10, 2001
Graham v. The Balcor Co.
Court clarifies earlier judgment to allow plaintiff to pursue state-law claims on their merits in district court.
Civil Procedure May 9, 2001
Nicholas v. Leavitt
Deadline of settlement agreement may be extended because state agency was in substantial non-compliance.
Civil Procedure May 9, 2001
Rodriguez v. IBP, Inc.
Plaintiff may be held in contempt and sanctions may be imposed for failure to comply with continuing duty to disclose.
Civil Procedure May 9, 2001
United National Insurance Co. v. R & D Latex Corp.
Insurance company's reimbursement claim is sufficiently independent under California law to trigger mandatory federal jurisdiction.
Civil Procedure May 9, 2001
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Court may make minor adjustments to injunction while appeal is pending if they preserve status quo.
Civil Procedure May 9, 2001
Oleszko v. State Compensation Insurance Fund
Federal psychotherapist-patient privilege extends to communications with non-licensed counselors employed by Employee Assistance Program.
Civil Procedure May 9, 2001