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Name Category Published
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
California Dept. of Water Resources v. Powerex Corp.
Canadian corporation is entitled to federal bench trial where it falls within definition of 'foreign state.' 		Civil Procedure Jul. 23, 2008
Brinker Restaurant Corp. v. Superior Court (Hohnbaum)
Court that fails to consider elements of plaintiffs' claims in determining susceptibility to class treatment must vacate order granting class certification. 		Civil Procedure Jul. 23, 2008
Siena Court Homeowners Association v. Green Valley Corp.
Party whose joint use and maintenance agreement would only confuse and enlarge issues is properly denied intervention in construction defect action. 		Civil Procedure Jul. 22, 2008
Simmons v. Ghaderi
In wrongful death case, mediation confidentiality statutes apply to prevent introduction of evidence of oral agreement. 		Civil Procedure Jul. 22, 2008
Bandana Trading Co. Inc. v. Quality Infusion Care Inc.
Juror’s applause is not prejudicial misconduct where deliberations were not impacted. 		Civil Procedure Jul. 22, 2008
Herrera v. Hernandez
Plaintiff's challenge for implied bias is precluded where juror was divorced from defendant's nephew and affinity no longer exists. 		Civil Procedure Jul. 21, 2008
Julius Schifaugh IV Consulting Service Inc. v. Avaris Capital Inc.
Where default judgment is void as being beyond what was demanded in complaint, trial court has discretion to allow plaintiff to amend. 		Civil Procedure Jul. 21, 2008
Berglund v. Arthroscopic & Laser Surgery Center
Parties who have not consented to arbitration are entitled to full judicial review of adverse discovery orders made by arbitrators. 		Civil Procedure Jul. 18, 2008
Tracy Press Inc. v. Superior Court (City of Tracy)
Failure to name party with unique interests results in denial of petition for writ of mandate. 		Civil Procedure Jul. 17, 2008
Shapiro v. Clark
Order on relief from default is affirmed where good cause is shown for minor neglect reflected in defendant's default. 		Civil Procedure Jul. 17, 2008
Applied Business Software Inc. v. Pacific Mortgage Exchange Inc.
Subsequent alleged breaches of settlement agreements are not protected activities under anti-SLAPP statute. 		Civil Procedure Jul. 16, 2008
Tendler v. www.jewishsurvivors.blogspot.com
Court errs in granting defendants' motion to strike complaint where plaintiff's request for subpoenas falls outside anti-SLAPP statute. 		Civil Procedure Jul. 9, 2008
Marriage of Falcone
Court properly imposes sanctions on ex-wife who refuses to modify or withdraw frivolous contempt motion. 		Civil Procedure Jul. 9, 2008
Deutsch v. Masonic Homes of California Inc.
Defendants do not have requisite notice under Code of Civil Procedure Section 340.1(c) if plaintiffs only show conduct was 'obvious.' 		Civil Procedure Jul. 8, 2008
Molski v. Arciero Wine Group
Winery is properly awarded attorney fees in state court action where plaintiff seeks injunctive relief for remediated violations of disability access statutes. 		Civil Procedure Jul. 8, 2008
Hearns v. San Bernardino Police Dept.
Plaintiff's complaints alleging race-based discrimination do not warrant dismissal under Federal Rule of Civil Procedure 8. 		Civil Procedure Jul. 2, 2008
Sanders v. Lawson
Trial court improperly awarded trustee fees for his services where fees are not authorized under Elder Abuse Act. 		Civil Procedure Jul. 1, 2008
Farwell v. Sunset Mesa Property Owners Association Inc.
'Death knell' doctrine does not apply where demurrer with leave to amend is sustained and ability to file actions against individuals remains. 		Civil Procedure Jun. 20, 2008
Ford Motor Credit Co. v. Hunsberger
Party cannot recover contractual attorney fees under Civil Code Section 1717 where action is voluntarily dismissed. 		Civil Procedure Jun. 19, 2008
CDF Firefighters v. Maldonado
Labor union seeking damages from its member must establish all elements of its contractual claim, like any other civil litigant must do. 		Civil Procedure Jun. 19, 2008
Guerrero v. Rodan Termite Control Inc.
Whether plaintiff obtained more favorable judgment for purposes of shifting post-offer costs depends on status of litigation when offer was submitted. 		Civil Procedure Jun. 17, 2008
In re Red Light Photo Enforcement Cases
Red light photo enforcement is not wasteful or illegal, and City of West Hollywood has no duty to grant writ relief sought. 		Civil Procedure Jun. 17, 2008
In re BCBG Overtime Cases.
Motion to strike class allegations is properly granted in case where plaintiffs seek overtime compensation. 		Civil Procedure Jun. 17, 2008
Avenue v. Franco
Appeal is dismissed for lack of jurisdiction where noncompliance with statutory notice requirements did not void judgment in trial court. 		Civil Procedure Jun. 13, 2008
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