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Reed v. Mutual Service Corp.
Arbitration panel did not exceed authority when dismissing claim in pre-hearing.
Civil Procedure May 21, 2003
Harris Rutsky & Co. Insurance Services Inc. v. Bell & Clements Limited
England-based corporation's activities demonstrate it availed itself to privileges of conducting business in California sufficient to confer personal jurisdiction of court.
Civil Procedure May 20, 2003
Ingle v. Circuit City Stores, Inc.
Unconscionable nature of employer's arbitration agreement renders it unenforceable under California contract law.
Civil Procedure May 20, 2003
Swiderski v. Milberg, Weiss, Bershad, Hynes & Lerach
Mere initiation of prearbitration procedures does not satisfy requirement to exhaust arbitration remedy and do not support granting motion for new trial.
Civil Procedure May 20, 2003
Breuer v. Jim's Concrete of Brevard Inc.
Lawsuit under FLSA filed in state court may be removed to federal court.
Civil Procedure May 19, 2003
Lowry v. Barnhart
In matter of alleged bias, writ of mandamus is not available to disqualify administrative law judge from presiding over attorney's cases.
Civil Procedure May 16, 2003
Greenfield v. Superior Court (Blanks)
Claim alleging violation of Talent Agencies Act must first be filed with Labor Commissioner.
Civil Procedure May 14, 2003
Nobel Farms Inc. v. Pasero
Non-resident consented to personal jurisdiction in state by filing lawsuit arising from same transaction in state.
Civil Procedure May 13, 2003
Franchise Tax Board of California v. Hyatt
Nevada is not required to give full faith and credit to California's statutes providing its tax agency with immunity.
Civil Procedure May 6, 2003
Roell v. Withrow
Consent to civil jurisdiction of magistrate may be implied by conduct of parties during litigation.
Civil Procedure May 6, 2003
PacifiCare Health Systems Inc. v. Book
Arbitration is compelled for claims arising under Racketeer Influenced and Corrupt Organizations Act.
Civil Procedure May 2, 2003
Dole Food Co. v. Patrickson
Foreign state must directly own majority of corporation's shares to be considered instrumentality of state under Foreign Sovereign Immunities Act.
Civil Procedure May 2, 2003
Jinks v. Richland County
Tolling of limitations period for supplemental state law claims pursuant to 28 U.S.C. Section 1367 is constitutional.
Civil Procedure May 2, 2003
Jinks v. Richland County
Federal tolling provision interferes with state's sovereignty to establish conditions upon which tort actions may be maintained against it.
Civil Procedure Apr. 23, 2003
Patrickson v. Dole Food Co.
Federal court lacks authority to hear lawsuit filed by Latin American banana workers alleging pesticide poisoning.
Civil Procedure Apr. 22, 2003
Cruz v. Pacificare Health Systems Inc.
Despite express arbitration clause, class action suit seeking restitution and injunctive relief is not arbitrable.
Civil Procedure Apr. 22, 2003
Dee v. Vintage Petroleum Inc.
Court should have granted continuance to present additional evidence before granting motion for summary judgment.
Civil Procedure Apr. 10, 2003
McMahon v. Superior Court (American Equity Insurance Co.)
Court lacks authority to shorten notice period for summary judgment hearing.
Civil Procedure Apr. 10, 2003
U.S. v. Chavez
Wife is barred from preventing forfeiture of husband's lottery winnings.
Civil Procedure Apr. 9, 2003
Korea Supply Co. v. Lockheed Martin Corp.
Seller who lost competitive bid to sell arms to foreign government may sue for intentional inference with prospective advantage and unfair competition.
Civil Procedure Apr. 8, 2003
Decker v. The U.D. Registry Inc.
Special motions to strike were properly denied because they were noticed for hearing more than 30 days after they were served.
Civil Procedure Apr. 8, 2003
Dodge, Warren & Peters Insurance Services Inc. v. Riley
Court did not abuse its discretion by ordering injunction for preservation of electronic evidence.
Civil Procedure Apr. 8, 2003
Otto v. Los Angeles Unified School District
Public safety officer who won right to challenge placement of memorandum in personnel file is entitled to attorney fees.
Civil Procedure Apr. 2, 2003
Kerns v. CSE Insurance Group
Trial court was jurisdictionally barred from considering party's renewed motion for summary judgment.
Civil Procedure Apr. 2, 2003
DiRuzza v. County of Tehama
California trial court's holding has collateral estoppel effect in federal court despite state appellate court's decision to affirm on different grounds.
Civil Procedure Apr. 1, 2003
Martinez v. Stanford
Court cannot grant summary judgment motion as penalty for failure to file opposition.
Civil Procedure Apr. 1, 2003
JumpSport Inc. v. Jumpking Inc.
Document that is not prepared or obtained for litigation is not protected under work product doctrine.
Civil Procedure Apr. 1, 2003
Pratt v. Vencor Inc.
Court must rule on judgment notwithstanding verdict within 60-days of mailing or service of written notice of entry of judgment.
Civil Procedure Mar. 31, 2003
Rivero v. American Federation of State, County and Municipal Employees
Allegations that custodial supervisor engaged in theft, extortion and favoritism does not amount to 'public issue' within meaning of anti-SLAPP statute.
Civil Procedure Mar. 31, 2003
Kinsmith Financial Corp. v. Gilroy
Time for renewing judgment begins to run from date of deficiency judgment as opposed to date of foreclosure decree.
Civil Procedure Mar. 28, 2003