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Hoffman v. Construction Protective Services Inc.
Failure to disclose damage calculations under FRCP Rule 26 results in exclusion of evidence as sanction.
Civil Procedure Sep. 5, 2008
Oscar v. Alaska Dept. of Education and Early Development
Dismissal without prejudice does not confer prevailing party status upon defendant for purposes of awarding attorney fees.
Civil Procedure Sep. 4, 2008
Nationwide Life Insurance Co. v. Richards
Where wife seeks murdered husband's life insurance proceeds, court properly draws adverse inference from her assertion of Fifth Amendment privilege.
Civil Procedure Aug. 29, 2008
Barba v. Perez
Code of Civil Procedure Section 998 offer of settlement is deemed reasonable where offeror ultimately receives judgment exceeding offer.
Civil Procedure Aug. 29, 2008
Winfred D. v. Michelin North America Inc.
Evidence of injured plaintiff's illicit affairs should have been excluded in personal injury action against tire manufacturer.
Civil Procedure Aug. 28, 2008
Gogri v. Jack in the Box Inc.
Plaintiff's voluntary dismissal is timely where filed before trial court's tentative ruling granting summary judgment to defendant.
Civil Procedure Aug. 27, 2008
Freedman v. Superior Court (Charbonneau)
Plaintiff is barred from asserting punitive damages claim based on medical malpractice where motion for leave to amend is made after deadline.
Civil Procedure Aug. 26, 2008
Chinn v. KMR Property Management
Settlement proceeds from defendant in exchange for dismissal is not 'net monetary recovery' for purposes of Code of Civil Procedure Section 998.
Civil Procedure Aug. 26, 2008
Mark v. Spencer
Failure to disclose fee-splitting agreement to court prior to approval of class action settlement bars future enforcement of agreement.
Civil Procedure Aug. 26, 2008
State of California v. Altus Finance S.A.
Court errs in issuing post-verdict order prohibiting Insurance Commissioner from proffering evidence on his principal damages theory.
Civil Procedure Aug. 26, 2008
Medrazo v. Honda of North Hollywood
Court improperly denied class action certification where it relied on merits of case.
Civil Procedure Aug. 25, 2008
Boschetto v. Hansing
Sale of automobile over eBay does not provide sufficient minimum contacts to support personal jurisdiction over non-resident defendant in buyer's forum state.
Civil Procedure Aug. 20, 2008
Koninklijke Philips Electronics N.V. v. KXD Technology Inc.
Appeal is dismissed where district court's contempt order against defendants is plainly civil.
Civil Procedure Aug. 20, 2008
Mahdavi v. Superior Court (Portofino Beach Inn)
Defendant previously declared vexatious litigant may file appeal without permission from presiding judge.
Civil Procedure Aug. 20, 2008
Pelton-Shepherd Industries Inc. v. Delta Packaging Products Inc.
Trial court prejudicially abuses its discretion in granting motion to compel documents after discovery cutoff date absent motion to reopen discovery.
Civil Procedure Aug. 19, 2008
Alch v. Superior Court (Time Warner Entertainment Co.)
Trial court improperly sustains objections to disclosure on privacy grounds where subpoenaed information was essential to resolution of writers' age discrimination claims.
Civil Procedure Aug. 17, 2008
Costco Wholesale Corp. v. Hoen
Innocent intervenor that materially assisted defendants is not liable for attorney fees under 42 U.S.C. Section 1988(b).
Civil Procedure Aug. 17, 2008
Bertelsen v. Harris
Attorney misconduct involving breach of professional conduct rules does not require disgorgement of reasonable attorney fees.
Civil Procedure Aug. 13, 2008
Kempton v. City of Los Angeles
Leave to amend complaint is granted where it may reasonably be amended to allege valid cause of action.
Civil Procedure Aug. 13, 2008
Winfred D. v. Michelin North American Inc.
Evidence of injured plaintiff's illicit affairs should have been excluded in personal injury action against tire manufacturer.
Civil Procedure Aug. 8, 2008
Melbostad v. Fisher
Notice of appeal must be filed 60 days after court grants defendant's motion to strike and dismisses entire complaint with prejudice.
Civil Procedure Aug. 6, 2008
Anglo Irish Bank Corp. v. Superior Court (Brar)
Foreign corporation is subject to specific personal jurisdiction where employees solicited investors in California regardless of alter ego requirements.
Civil Procedure Aug. 6, 2008
Jogani v. Superior Court of Los Angeles County (Jogani)
Right to jury trial is determined where quantum meruit is deemed action at law as form of common law action of assumpsit.
Civil Procedure Aug. 5, 2008
Hilao v. Estate of Ferdinand Marcos
Court improperly extends judgment where request to extend was not made within 10 years of original judgment.
Civil Procedure Aug. 1, 2008
Great American Insurance Companies v. Gordon Trucking Inc.
In case where car belonging to plaintiff's insureds is damaged in fire, summary judgment for defendant is vacated.
Civil Procedure Jul. 31, 2008
Parra v. Bashas' Inc.
Court erroneously finds lack of commonality in original class definition where plaintiffs allege pay discrimination.
Civil Procedure Jul. 30, 2008
Moreno v. City of Sacramento
District court abuses discretion in reducing attorney fee award in civil rights case.
Civil Procedure Jul. 29, 2008
Clark v. Optical Coating Laboratory Inc.
Court lacks inherent power and statutory authority to award attorney fees against plaintiffs' counsel for violation of in limine order.
Civil Procedure Jul. 28, 2008
Cox v. Ocean View Hotel Corp.
Grant of partial summary judgment in favor of plaintiff is reversed where he fails to properly initiate arbitration under terms of agreement.
Civil Procedure Jul. 24, 2008
Smith v. Selma Community Hospital
Hospital's governing board may not rely on results of peer review proceedings at other hospitals due to errors on questions of law.
Civil Procedure Jul. 23, 2008