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Lewis County v. Western Washington Growth Management Hearings Board
Trial court lacks jurisdiction to review final order of hearing board when appellant failed to timely pay filing fee.
Civil Procedure Sep. 15, 2002
Cundiff v. Bell Atlantic Corp.
Public Utilities Commission doesn't have exclusive jurisdiction over suit concerning telephone company's rental charges for telephone equipment.
Civil Procedure Sep. 12, 2002
W.O. Brisben Companies Inc. v. Krystkowiak
Complaint is properly dismissed where it failed to state claim upon which relief could be granted.
Civil Procedure Sep. 9, 2002
King v. United States
Government's cross claim was essentially contract claim for liability and subject to federal six-year statute of limitations.
Civil Procedure Sep. 9, 2002
In re Alliance Construction Solutions, Inc.
Upon satisfaction of four-part test, attorney-client privilege protects documents and communications between governmental entity and its independent contractor.
Civil Procedure Sep. 9, 2002
Mendoza v. Zirkle Fruit Co.
Legally documented agricultural workers have standing to sue their employers, whom they allege depressed their salaries by hiring undocumented workers at below market wages.
Civil Procedure Sep. 8, 2002
Wininger v. SI Management LP
Court had authority to award attorney fees for work done outside confines of litigation before court.
Civil Procedure Sep. 2, 2002
Equilon Enterprises LLC v. Consumer Cause Inc.
Oil companies may not sue consumer group to prevent enforcement of clean water law.
Civil Procedure Aug. 29, 2002
City of Cotati v. Cashman
City that filed lawsuit to vindicate rent-control ordinance did not hinder property owners' free speech rights.
Civil Procedure Aug. 28, 2002
Mayer v. C.W. Driver
Because present action is not 'successor and replacement' of previous action, assignees lack standing under previous assignment.
Civil Procedure Aug. 27, 2002
Laraway v. Pasadena Unified School District
Parties who failed to file timely appeal of final order cannot later appeal judgment with same decision.
Civil Procedure Aug. 27, 2002
Keitel v. Heubel
Bankruptcy filing does not preclude court from imposing sanctions on debtors for frivolous appeal.
Civil Procedure Aug. 27, 2002
Canatella v. State of California
Federal district court may exercise jurisdiction over attorney's lawsuit challenging State Bar statutes and rule of professional conduct.
Civil Procedure Aug. 25, 2002
Sanders v. Kinko's Inc.
State court is authorized to resolve class certification issues before enforcing agreement under Federal Arbitration Act.
Civil Procedure Aug. 20, 2002
Hecker v. Nathanson
Bankruptcy court order issued before confirmation and dismissal of bankruptcy action was properly relied upon for res judicata purpose.
Civil Procedure Aug. 20, 2002
Church of Christ in Hollywood v. Superior Court (Cage-Barile)
Restraining order issued to enjoin former church member from disrupting services would not violate free speech right.
Civil Procedure Aug. 20, 2002
Bainbridge Inc. v. Douglas County Board of Commissioners
Trial court may not award costs related to judgment that was vacated on appeal.
Civil Procedure Aug. 20, 2002
Eichhorn v. Kelley
Attorney fees may not be recovered in a proceeding for punitive contempt.
Civil Procedure Aug. 20, 2002
Delaney v. Dahl
Amendment to arbitration award prior to judicial confirmation was timely and proper.
Civil Procedure Aug. 20, 2002
Bridgestone Corp. v. Superior Court (T & T Truck & Crane Service Inc.)
Jurisdiction is proper in products liability action against foreign tire manufacturer who sold tires to Bridgestone Corporation.
Civil Procedure Aug. 20, 2002
Heidary v. Yadollahi
Default judgment is improperly based on failure to appear when defendants were not given notice.
Civil Procedure Aug. 20, 2002
Gentry v. eBay Inc.
Purchasers of forged collectibles cannot bring action against eBay because eBay isn't seller but rather venue for sale.
Civil Procedure Aug. 20, 2002
Antonio Garcia, a Minor v. Rehrig International Inc.
Because trial court erroneously denied defendant's earlier motion for nonsuit, any irregularity in closing argument was harmless.
Civil Procedure Aug. 20, 2002
State Farm General Insurance Co. v. Majorino
Insurance company's declaratory relief lawsuit to resolve coverage issues is not SLAPP suit.
Civil Procedure Aug. 20, 2002
Lay v. Hass
Motion for nominal damages and attorney fees accompanied by memorandum provided sufficient notice to adverse party.
Civil Procedure Aug. 19, 2002
In re Albrecht
Released prisoner cannot be committed as sexually violent predator unless recent overt act has been committed.
Civil Procedure Aug. 16, 2002
In re Surface Water of Yakima Drainage Basin
Plaintiff is barred from seeking water rights because claim did not appear in 1921 water decree.
Civil Procedure Aug. 9, 2002
U.S. v. City of Las Cruces
Court did not abuse its discretion when refusing to exercise jurisdiction over federal action involving water rights.
Civil Procedure Aug. 8, 2002
Phillips v. General Motors Corp.
'Good cause analysis' is required to determine validity of protective order.
Civil Procedure Aug. 8, 2002
Hollander v. Sandoz Pharmaceuticals Corp.
Deficiencies in case reports relied upon by expert witnesses fail to satisfy "Daubert" analysis.
Civil Procedure Aug. 8, 2002