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Lim v. The.TV Corp. International
Plaintiff who won auction to register domain name adequately pleaded case for breach of contract.
Civil Procedure Aug. 8, 2002
Blind-Doan v. Sanders
Plaintiff is entitled to new trial on allegation that prison guard sexually assaulted her.
Civil Procedure Aug. 8, 2002
Lewis v. John Crane Inc.
In asbestos liability case, defendant's credit from plaintiffs' pre-verdict settlements is reduced for economic damages.
Civil Procedure Aug. 8, 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 Aug. 8, 2002
Jacobs v. CBS Broadcasting Inc.
Arbitration proceeding was too informal to have preclusive effect.
Civil Procedure Aug. 8, 2002
Okanogan School District #105 v. Superintendent of Public Instruction for the State of Washington
School districts lack standing to challenge how state spends federal forest funds for schools, roads in forest land counties.
Civil Procedure Aug. 8, 2002
Cox v. Superior Court (Shields)
In medical malpractice case, defendant may not introduce evidence of tax treatment of disability insurance benefits.
Civil Procedure Aug. 7, 2002
American Buildings Co. v. Bay Commercial Construction Inc.
Preliminary notice to collect surety bond is sufficient to collect full amount of payment owed.
Civil Procedure Aug. 7, 2002
Grinham v. Fielder
In subsequent action, third party may assert doctrine of collateral estoppel against party to contract and arbitration.
Civil Procedure Aug. 7, 2002
Robinson v. Chin & Hensolt
Personal injury claims based on construction defects in cable car turnarounds are time-barred by four-year statute of limitations.
Civil Procedure Aug. 7, 2002
Apple Valley Unified School District v. Vavrinek, Trine, Day & Co.
School district's suit against accounting firm for accounting malpractice is barred by two-year statute of limitations.
Civil Procedure Aug. 7, 2002
Brotman v. East Lake Creek Ranch
Owner of land adjacent to school land managed by State Board of Land Commissioners doesn't have standing to enjoin board transaction.
Civil Procedure Aug. 7, 2002
Risam v. County of Los Angeles
Appellant's failure to challenge commission's finding that she didn't present sufficient evidence of FEHA violations by employer bars her subsequent retaliatory demotion lawsuit.
Civil Procedure Aug. 7, 2002
Cairns v. Franklin Mint Co.
Princess Diana's Memorial Fund's post-mortem right of publicity claim fails because Great Britain's law governs and does not recognize such right.
Civil Procedure Aug. 7, 2002
Wilkerson v. Sullivan
Defendant entitled to attorney fees as a 'prevailing party' even though Plaintiffs voluntarily dismissed their appeal.
Civil Procedure Aug. 7, 2002
Zakarian v. Bekov
Medical malpractice dispute sent to arbitration may require joinder of third party who did not sign arbitration agreement.
Civil Procedure Aug. 6, 2002
Kollander Construction Inc. v. Superior Court (Alvarez)
When party is not given opportunity to rebut opposition's 75-page response, motion for reconsideration is proper.
Civil Procedure Aug. 6, 2002
Stewart v. Rice
Trial court may not consider defense juror affidavits that do not address prejudicial information improperly brought to jury's attention or improper outside influence.
Civil Procedure Aug. 6, 2002
People v. Garcia
Appellate court signals future increase of memorandum opinions for unpublished cases.
Civil Procedure Aug. 6, 2002
In re J.A,U., a child
Challenge to paternity judgment on basis of mistake of material fact must be brought within six-month time limit.
Civil Procedure Aug. 6, 2002
McGonnell v. Kaiser Gypsum Co. Inc.
Plaintiffs claiming wrongful death fail to establish exposure to asbestos produced by defendants.
Civil Procedure Aug. 6, 2002
Szetela v. Discover Bank
Credit card's arbitration agreement is unenforceable to extent that it prohibits class treatment of small individual claims.
Civil Procedure Aug. 6, 2002
Burrtec Waste Industries Inc. v. City of Colton (Taormina Industries)
Waste disposal company has standing to challenge city's approval of competitor's conditional use permit which allows competitor to process solid waste.
Civil Procedure Aug. 6, 2002
Keller Cattle Co. v. Allison
Doctrine of laches will not preclude claim when complaining party did not unreasonably delay assertion of claim.
Civil Procedure Aug. 5, 2002
Grange Insurance Association v. Hoehne
Anticipatory declaratory judgment is not available in absence of justiciable controversy.
Civil Procedure Aug. 5, 2002
ESI Ergonomic Solutions LLC v. United Artists Theatre Circuit Inc.
Movie theater chain may be subject to class action for sending unsolicited advertisements through facsimile machines.
Civil Procedure Jul. 29, 2002
Robson Ranch Mountains v. Pinal County
Deadline to file referendum is not tolled while county election official makes challenged ordinance available.
Civil Procedure Jul. 29, 2002
Kittel v. First Union Mortgage Corp.
Federal case is stayed pending resolution of state action.
Civil Procedure Jul. 28, 2002
People v. Superior Court (Ghilotti)
Court must decide whether evaluators used correct standard in examining defendant committed as sexually violent predator.
Civil Procedure Jul. 18, 2002
Holbrook Inc. v. Clark County
County was not required to notify non-resident landowner that property would be designated as forest resource land.
Civil Procedure Jul. 16, 2002