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Name Category Published
People v. Franklin
Defendant may be committed as sexually violent predator for rape conviction that led to indeterminate sentence. 		Civil Procedure Mar. 28, 2003
Roberts v. Los Angeles County Bar Association
Judicial candidate's lawsuit against bar association that issued negative evaluation of her is SLAPP suit. 		Civil Procedure Mar. 28, 2003
Zolezzi v. Pacificare of California
Healthcare provider that did not comply with state's disclosure requirements cannot compel arbitration of case. 		Civil Procedure Mar. 28, 2003
Elyaoudayan v. Hoffman
Party who agrees to settlement in writing outside presence of court may enforce settlement against party who agreed to it orally before court. 		Civil Procedure Mar. 26, 2003
American States Insurance Co. v. Dastar Corp.
Appeal must be dismissed when parties attempted to manufacture appellate jurisdiction. 		Civil Procedure Mar. 24, 2003
Richard S. v. Dept. of Developmental Services
Plaintiffs who obtained settlement on behalf of developmentally disabled adults are entitled to attorney fees. 		Civil Procedure Mar. 24, 2003
Vess v. Ciba-Geigy Corp.
Patient failed to establish drug company conspired with psychiatric organizations to increase use of Ritalin. 		Civil Procedure Mar. 24, 2003
Molski v. Gleich
Certification of class action was violative of class member's due process and consent decree was inadequate and unfair. 		Civil Procedure Mar. 23, 2003
Botsford v. Blue Cross and Blue Shield of Montana Inc.
Federal jurisdiction is proper where Federal Employees Health Benefits Act pre-empts insured's claim against insurer. 		Civil Procedure Mar. 21, 2003
Johnson v. Henderson
Equitable estoppel and equitable tolling will not preserve sexual harassment claims where claimant failed to exhaust administrative remedies. 		Civil Procedure Mar. 21, 2003
El Pollo Loco Inc. v. Hashim
Discovery rule applies to toll statute of limitations in contract claim where fraudulent misrepresentation is asserted. 		Civil Procedure Mar. 21, 2003
Arai v. American Bryce Ranches Inc.
District court has discretion to deny Rule 4(a)(6) motion even when rule's requirements are met. 		Civil Procedure Mar. 21, 2003
Eminence Capital LLC v. Aspeon Inc.
In dismissing action for failure to state claim, district court failed to overcome presumption in favor of granting leave to amend. 		Civil Procedure Mar. 21, 2003
Dahl v. Rosenfeld
Plaintiffs were not entitled to attorney fees for having malpractice lawsuit remanded to state court. 		Civil Procedure Mar. 21, 2003
Snell v. Cleveland Inc.
Despite defective diversity allegations in closed tort action, district court assigned to new lawsuit may not attack final judgment of closed tort action. 		Civil Procedure Mar. 20, 2003
Southwest Center for biological Diversity v. U.S. Dept. of Agriculture
Exemption from Freedom of Information Act applies to case that was pending when exemption was enacted. 		Civil Procedure Mar. 20, 2003
Tahoe-Sierra Preservation Council Inc. v. Tahoe Regional Planning Agency
Lawsuit challenging environmental regulatory program is barred by doctrine of res judicata. 		Civil Procedure Mar. 11, 2003
Butler v. Superior Court (Terry)
Trial court abused discretion by reopening case despite directions of appellate court. 		Civil Procedure Feb. 28, 2003
DVI Inc. v. Superior Court (Papworth)
Defendant did not have 'minimum contacts' to subject it to state's jurisdiction. 		Civil Procedure Feb. 28, 2003
Yao v. Superior Court(Lovell)
Statute requiring out-of-state plaintiff to file undertaking securing costs and fees doesn't apply to out-of-state defendant who files cross-complaint. 		Civil Procedure Feb. 20, 2003
American Home Assurance Co. v. Societe Commerciale Toutelectric
Foreign corporation waived right to conduct discovery under Hague Convention. 		Civil Procedure Feb. 20, 2003
Conservatorship of McElroy
Nod of head is insufficient to show oral consent of alleged settlement. 		Civil Procedure Feb. 20, 2003
Dieden v. Schmidt
Judgment lien on real property held by tenant in common survives change in title to joint tenancy and death of debtor tenant. 		Civil Procedure Feb. 20, 2003
People v. First Federal Credit Corp.
People were not required to present evidence of defendant's financial condition in order to justify amount of civil penalty imposed. 		Civil Procedure Feb. 20, 2003
Staton v. Boeing Co.
Settlement of class action lawsuit cannot include attorney fees as portion of common fund created for benefit of class. 		Civil Procedure Feb. 18, 2003
Eliceche v. Federal Land Bank Assn. of Yosemite et al.,
Order shortening time to hear motion of discretionary dismissal was properly granted. 		Civil Procedure Feb. 18, 2003
Knisley v. Network Associates
Class action plaintiff who didn't submit claim for loss in order to get share of settlement lacks standing to challenge attorney fees award. 		Civil Procedure Feb. 18, 2003
Commonwealth Utilities Corp. v. Goltens Trading & Exchange PTE Ltd.
Claim for contribution failed to set forth specific facts necessary to create genuine issue for trial. 		Civil Procedure Feb. 18, 2003
Advanced Bionics Corp. v. Medtronic Inc.
Under principles of judicial restraint and comity, temporary restraining order issued against parties in Minnesota proceedings was improper. 		Civil Procedure Feb. 18, 2003
Porter v. Jones
District court erred by applying abstention doctrine in First Amendment case. 		Civil Procedure Feb. 17, 2003
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