Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
07-371
|
Taylor v. Sturgell
Theory of preclusion by 'virtual representation' is disapproved as exception to rule disallowing nonparties from being bound by earlier judgments. |
Civil Procedure |
|
Jun. 13, 2008 | |
06-1204
|
Republic of Philippines v. Pimentel
Appellate court fails to give sufficient weight to likely prejudice to parties who were dismissed based on sovereign immunity. |
Civil Procedure |
|
Jun. 13, 2008 | |
G039037
|
The Cadle Company II Inc. v. Fiscus
Personal jurisdiction is established over Arizona resident having no ties to California in revival action where original judgment provides necessary minimum contacts. |
Civil Procedure |
|
Jun. 13, 2008 | |
C053289
|
Liberty Mutual Fire Insurance Co. v. LcL Administrators Inc.
Trial court properly grants terminating sanctions after defendant willfully fails to comply with discovery by giving evasive and worthless responses. |
Civil Procedure |
|
Jun. 11, 2008 | |
06-15970
|
Fulfillment Services Inc. v. UPS Inc.
Plaintiff must allege actual damages arising from violations of Motor Carrier Act in order to state claim successfully. |
Civil Procedure |
|
Jun. 10, 2008 | |
G037991
|
Whitehead v. Habig
Default judgment is proper against lessees who refused to tender purchase price after stating their intent to exercise option to purchase property. |
Civil Procedure |
|
Jun. 6, 2008 | |
D050975
|
Shufelt v. Hall
'Prison-delivery' rule applies not only to criminal appeals, but also to civil appeals filed by incarcerated pro per litigant. |
Civil Procedure |
|
Jun. 6, 2008 | |
H030444
|
Simpson Strong-Tie Co. Inc. v. Gore
In manufacturer's action for defamation and trade libel, attorney's statements in advertisement do not fall within statutory exclusion of anti-SLAPP law. |
Civil Procedure |
|
Jun. 2, 2008 | |
A117110
|
Lien v. Lucky United Properties Investment Inc.
Defendant's contention that courts are required to issue statement of decision in support of order granting anti-SLAPP motion is rejected. |
Civil Procedure |
|
Jun. 2, 2008 | |
B195889
|
Premier Medical Management Systems Inc. v. California Insurance Guarantee Association
Mandatory award of attorney fees under anti-SLAPP statute is affirmed where no evidence of inefficient or duplicative efforts appear. |
Civil Procedure |
|
Jun. 1, 2008 | |
B201147
|
Guardado v. Superior Court (Mariposa Gardens)
Judge does not err in accepting petitioner's peremptory challenge deemed to be timely and proper. |
Civil Procedure |
|
May 23, 2008 | |
B194219
|
Santillan v. Roman Catholic Bishop of Fresno
Summary judgment is overturned where triable issues exist as to whether parish housekeeper is agent under duty to disclose suspicions of sexual abuse. |
Civil Procedure |
|
May 22, 2008 | |
06-15596
|
United States v. Carpenter
Approval of settlement must be vacated where district court disregards mandate allowing intervenors to participate in settlement review proceedings. |
Civil Procedure |
|
May 21, 2008 | |
06-56808
|
Duarte v. Bardales
District court abused its discretion by denying plaintiff's motion to alter or amend judgment. |
Civil Procedure |
|
May 21, 2008 | |
G037749
|
Unruh-Haxton v. Regents of the University of California
Media coverage of doctors stealing genetic material from fertility patients does not impute knowledge of harm triggering statute of limitations. |
Civil Procedure |
|
May 19, 2008 | |
A118143
|
Bufil v. Dollar Financial Group Inc.
Collateral estoppel does not bar new class action alleging labor law violations where plaintiff corrects flaws and narrows class previously denied certification. |
Civil Procedure |
|
May 15, 2008 | |
G039767
|
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 |
|
May 14, 2008 | |
06-35660
|
Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage Leasehold and Easement in the Colverly Subterranean Geological Formation
Incomplete certificate of public convenience and necessity causes grant of motion to dismiss based on failure to state claim. |
Civil Procedure |
|
May 12, 2008 | |
D051011
|
Royal Indemnity Co. v. United Enterprises, Inc.
Third party who is not contractual party with insurer and is not insured lacks standing to sue insurer to resolve coverage questions. |
Civil Procedure |
|
May 9, 2008 | |
B193502
|
Serrano v. Stefan Merli Plastering Co. Inc.
Court has authority to require deposition reporter to provide non-noticing party with copy of deposition transcript in pending action for reasonable fee. |
Civil Procedure |
|
May 8, 2008 | |
B190437
|
People v. Bhakta
Motel enjoined from facilitating prostitution under Red Light law is not entitled to jury trial in action to abate public nuisance. |
Civil Procedure |
|
May 7, 2008 | |
F050279
|
Brawley v. J.C. Interiors Inc.
Although both sides breached contract, court is directed to award no damages under Code of Civil Procedure Section 877. |
Civil Procedure |
|
May 2, 2008 | |
H030444
|
Simpson Strong-Tie Co. Inc. v. Gore
In manufacturer's action for defamation and trade libel, attorney's statements in advertisement do not fall within statutory exclusion of anti-SLAPP law. |
Civil Procedure |
|
May 2, 2008 | |
B194372
|
EnPalm v. Teitler Family Trust
Trial court properly applied equitable principles to reduce attorney fee award after defendants were awarded judgment in fraud and breach of contract action. |
Civil Procedure |
|
May 2, 2008 | |
E042838
|
Roman v. Liberty University Inc.
California court does not err in quashing service of summons for lack of personal jurisdiction over Virginia based university. |
Civil Procedure |
|
May 1, 2008 | |
07-55794
|
Clark v. Time Warner Cable
Court’s referral of ‘anti-slamming’ claim to FCC is proper under primary jurisdiction doctrine because it presents novel question of federal telecommunications policy. |
Civil Procedure |
|
May 1, 2008 | |
D049788
|
Luce, Forward, Hamilton & Scripps v. Koch
Arbitrator need not disqualify himself where disclosure of information is not legally required. |
Civil Procedure |
|
May 1, 2008 | |
B186044
|
Woods v. Union Pacific Railroad Co.
Directed verdict for railroad is proper where its use of handholds in compliance with federal safety regulations undermines plaintiff's negligence claim. |
Civil Procedure |
|
Apr. 30, 2008 | |
B197692
|
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm. |
Civil Procedure |
|
Apr. 30, 2008 | |
07-55505
|
Negrete v. Allianz Life Insurance Co. of North America
Anti-Injunction Act precludes district court from enjoining insurance corporation's resolution of similar class action claims in any other court. |
Civil Procedure |
|
Apr. 30, 2008 |