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Middleton v. Hartman
State employees do not enjoy sovereign immunity when they are sued in their individual capacities.
Civil Procedure Jul. 12, 2002
Dougherty v. Department of Labor & Industries
Injured worker challenging decision by Board of Industrial Insurance Appeals should have filed appeal in county where injury occurred.
Civil Procedure Jul. 12, 2002
In re Spink
Defendant cannot be committed as sexually violent predator unless jury finds he lacks control.
Civil Procedure Jul. 12, 2002
Salomon Smith Barney v. Schroeder
Default judgment inappropriate where secondary defendant's liability dependent on liability of primary defendant.
Civil Procedure Jul. 12, 2002
Marriage of Talbott
Fifteen-day period for review of order of magistrate begins to run on date of mailing of order.
Civil Procedure Jul. 12, 2002
Farmers Insurance Exchange v. Taylor
Arbitration award exceeding policy limits upheld where insurer failed to introduce evidence of limits.
Civil Procedure Jul. 12, 2002
United States v. City of Los Angeles
Court erred in denying Police League intervention as matter of right because it had protectable interest in merits of action.
Civil Procedure Jul. 12, 2002
Zamora v. Clayborn Contracting Group, Inc.
Court does not abuse discretion in applying Code of Civil Procedure Section 473 to vacate judgment entered pursuant to offer to compromise.
Civil Procedure Jul. 11, 2002
Oregon Bureau of Labor and Industries v. U.S. West Communications Inc.
Employment discrimination case should not have been removed from state labor board to district court.
Civil Procedure Jul. 11, 2002
Buckner v. Tamarin
Deceased patient could not bind adult children to arbitrate claim for wrongful death.
Civil Procedure Jul. 9, 2002
Fine v. Superior Court (Flores)
Commissioner had authority to issue contempt order against attorney, and order was supported by substantial evidence.
Civil Procedure Jul. 9, 2002
Groth Bros. Oldsmobile Inc. v. Gallagher
If plaintiff voluntarily dismisses after learning of court's tentative adverse ruling, court has jurisdiction to vacate dismissal and sustain defendant's demurrer.
Civil Procedure Jul. 8, 2002
Schoendorf v. U.D. Registry Inc.
Plaintiff makes sufficient showing that consumer reporting agency should have modified her report.
Civil Procedure Jul. 8, 2002
Schroeder v. City Council of City of Irvine
Plaintiff fails to make prima facie showing that vote program is unlawful expenditure of city funds.
Civil Procedure Jul. 8, 2002
National Technical Systems v. Superior Court (United Pacific Insurance Co.)
Evidence of prior judgment against general contractor was properly excluded in subsequent action against surety.
Civil Procedure Jul. 8, 2002
Wackeen v. Malis
Without specific request, court does not retain jurisdiction to enforce settlement agreement after case is dismissed.
Civil Procedure Jul. 8, 2002
People v. Mello
Defendant is entitled to new trial because trial court erred by instructing prospective jurors to lie under oath during voir dire.
Civil Procedure Jul. 8, 2002
Carwash of America-PO LLC v. Windswept Ventures No. 1
Prevailing party may not recover expert witness fees unless they are separately pleaded and proven.
Civil Procedure Jul. 8, 2002
Club Telluride Owners Association v. Mitchell
Summary judgment is improper where genuine issues of material fact were in dispute.
Civil Procedure Jul. 8, 2002
Gergel v. High View Homes
Interlocutory order requiring parties to arbitrate claims is not appealable.
Civil Procedure Jul. 8, 2002
Ochoa v. J.B. Martin and Sons Farms Inc.
Migrant farm workers can assert personal jurisdiction in state of their residence over a nonresident farm employer.
Civil Procedure Jul. 8, 2002
Johnson v. Special Education Hearing Office
Court was not required automatically to grant disabled child's request for injunction to maintain educational status quo.
Civil Procedure Jul. 8, 2002
People v. Willis
With assent of complaining party, trial court has discretion to impose remedies or sanctions short of dismissing entire jury venire.
Civil Procedure Jul. 3, 2002
Medix Ambulance Service Inc. v. Superior Court (Collado)
Trial court should have heard oral argument for demurrer before posting ruling on internet.
Civil Procedure Jul. 3, 2002
H.D. Arnaiz Ltd. v. City of San Joaquin
Motion to vacate voluntary dismissal of action was properly granted where party was under mistaken belief.
Civil Procedure Jul. 2, 2002
Paul v. Friedman
Investigative activity, not 'in connection with issue under consideration' in official proceeding, does not fall within protection of anti-SLAPP statute.
Civil Procedure Jul. 2, 2002
Kalaba v. Gray
In order for treating physician to be called as 'expert' witness, proponent must properly designate despite reservation.
Civil Procedure Jun. 26, 2002
San Diego Unified Port District v. Douglas E. Barnhart Inc.
Court abused its discretion by ordering defendants to pay for destructive testing as discovery they did not want to pursue.
Civil Procedure Jun. 26, 2002
Reese v. Allstate Insurance Co.
Non-parties to class action must intervene and file motion to vacate judgment to obtain appellate standing to oppose settlement of class.
Civil Procedure Jun. 25, 2002
People ex rel. Dept of Transportation v. Clauser Wells Partnership
Opinion testimony of valuation expert determined by following legal instructions of client was improperly excluded for lack of foundation.
Civil Procedure Jun. 20, 2002