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Prescott v. County of El Dorado
Plaintiffs lack standing to challenge indemnification provision in collective bargaining agreement because there is no causal relationship between agreement and plaintiffs' injuries.
Civil Procedure Sep. 26, 2002
United Computer Systems, Inc. v. AT&T
Motion to compel arbitration pursuant to contract's arbitration clause will not be barred by doctrine of res judicata.
Civil Procedure Sep. 26, 2002
U.S. v. Carpenter
Environmental organizations' motion to intervene in environmental suit was timely.
Civil Procedure Sep. 25, 2002
Wright v. B&L Properties
Plaintiffs who made reasonably diligent efforts to serve defendant personally satisfied substitute service statute by mailing summons and complaint.
Civil Procedure Sep. 25, 2002
Coachella Valley Mosquito and Vector Control District v. City of Indio
Cross-complaints based on action dismissed for lack of jurisdiction must also be dismissed.
Civil Procedure Sep. 24, 2002
Kahn v. Chetcuti
Arbitrator had authority to determine whether prevailing party's act of filing complaint before mediation barred award of attorney fees.
Civil Procedure Sep. 24, 2002
Bay World Trading Ltd. v. Nebraska Beef Inc.
Trial court had authority to amend its statement of decision to award prejudgment interest.
Civil Procedure Sep. 24, 2002
Pfeiffer Venice Properties v. Bernard
Defendants are entitled to ruling on merits of SLAPP motion and attorney fees despite case being previously dismissed.
Civil Procedure Sep. 24, 2002
Smith v. Behr Process Corp.
Trial court properly certified class in lawsuit against corporation that manufactures products for wood treatment.
Civil Procedure Sep. 24, 2002
Macey v. Allstate Property and Casualty Insurance Co.
Nondiverse citizenship of insurance company's agents requires complaint be heard in state court.
Civil Procedure Sep. 24, 2002
Rashedi v. General Board of Church of the Nazarene
Court has subject matter jurisdiction to hear action in tort against church.
Civil Procedure Sep. 24, 2002
Karr v. Williams
Respondent is enjoined from proceeding on any claim without representation of attorney.
Civil Procedure Sep. 23, 2002
City of Longmont v. Henry-Hobbs
Governmental immunity doesn't bar suit against city in wrongful death action where boy drowned in city-built irrigation ditch.
Civil Procedure Sep. 23, 2002
Healthone v. Rodriguez
Because plaintiff wasn't appealing judgment from which he had accepted benefit, his right to this benefit was uncontroverted and he wasn't precluded from appealing.
Civil Procedure Sep. 23, 2002
UIH-SFCC Holdings v. Brigato
Doctrine of 'forum non conveniens' did not support dismissal of Colorado case where plaintiffs were residents of Colorado.
Civil Procedure Sep. 23, 2002
Hernandez v. State of Arizona
Evidence in notice of claim can be used to impeach party's credibility.
Civil Procedure Sep. 23, 2002
Porter v. Triad of Arizona
Statute of limitations for minor's claim for wrongful death of parent is tolled during minority.
Civil Procedure Sep. 23, 2002
San Diego Watercrafts Inc. v. Wells Fargo Bank, N.A.
In granting summary judgment in favor of defendant, court erred in considering evidence first submitted in defendant's reply papers.
Civil Procedure Sep. 22, 2002
Massachusetts Mutual Life Insurance Co. v. Superior Court (Karges)
Individual proof of each class member's reliance on nondisclosure is not required to establish liability under consumer protection laws.
Civil Procedure Sep. 17, 2002
Muao v. Grosvenor Properties
In wrongful termination action, appeal of order compelling arbitration was premature.
Civil Procedure Sep. 17, 2002
Utahns for Better Transportation v. US Dept. of Transportation
Trade association has standing to sue on behalf of members who would have standing to bring same suit.
Civil Procedure Sep. 17, 2002
Rancho Solano Master Association v. Amos & Andrews Inc.
Construction company found liable for landslides waived right to appeal when it satisfied judgment in favor of plaintiffs.
Civil Procedure Sep. 17, 2002
Kanter v. Warner-Lambert Co.
State claim against manufacturer of head lice medicine is pre-empted by federal drug law.
Civil Procedure Sep. 17, 2002
Kukje Hwajae Insurance Co. v. The 'M/V Hyundai Liberty'
Cargo owner's insurer is bound by forum-selection clause in shipper's bill of lading, which was accepted by cargo owner's agent.
Civil Procedure Sep. 17, 2002
Wayne v. DHL Worldwide Express
Federal district court lacked jurisdiction to hear case that alleged air shipment company violated state law.
Civil Procedure Sep. 17, 2002
Integral Development Corp. v. Wissenbach
German citizen had sufficient contacts with California to support assertion of personal jurisdiction over him.
Civil Procedure Sep. 16, 2002
Circuit City Stores Inc. v. Najd
State employment discrimination claim is subject to mandatory arbitration.
Civil Procedure Sep. 16, 2002
Hallmark Industries v. First Systech International, Inc.
Intertwining doctrine does not apply to contract dispute.
Civil Procedure Sep. 16, 2002
Logixx Automation Inc. v. Lawrence Michels Family Trust
Evidence supported jury verdict for breach of covenant not to compete.
Civil Procedure Sep. 16, 2002
Malted Mousse Inc. v. Steinmetz
Arbitrator erred in denying award of attorney fees based on small claims statute.
Civil Procedure Sep. 15, 2002