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Gamble v. Department of Water and Power
Motion by public entities to recover costs should be filed at earliest practical time and prior to entry of judgment.
Civil Procedure May 15, 2002
Aerojet-General Corp. v. American Excess Insurance Co.
Plaintiff's coverage claims are encompassed within scope of prior judgment.
Civil Procedure May 15, 2002
Peterson v. Groves
Plaintiff is barred from collecting on promissory notes because he did not pursue claim with due diligence.
Civil Procedure May 14, 2002
Brooks Trust v. Pacific Media LLC
Trial court properly considered arbitration matter settled when party accepted payment of award.
Civil Procedure May 14, 2002
Kleven v. City of Des Moines
Person may sue under public disclosure act even though his counsel made actual request for records.
Civil Procedure May 14, 2002
John L. Livingston and Westland Marketing Inc. v. U.S. Bank N.A.
Where individual issues predominated, trial court did not err in refusing to certify class action.
Civil Procedure May 14, 2002
Moen v. Spokane City Police Dept.
Owner who successfully challenges forfeiture of automobile may recover reasonable attorney fees.
Civil Procedure May 7, 2002
Asarco Inc. v. Dept. of Ecology
Judicial review is not available for preemptive challenge to enforcement action of state department of ecology.
Civil Procedure May 7, 2002
International Association of Fire Fighters v. City of Everett
Labor union that successfully recovers wages for members during arbitration is entitled to attorney fees.
Civil Procedure May 7, 2002
Hecker v. Cortinas
Sufficient evidence supported issuance of domestic violence protection order.
Civil Procedure May 7, 2002
In re Peterson
State has burden to establish probable cause to detain prisoner as sexually violent predator.
Civil Procedure May 7, 2002
Lane v. The City of Tempe
Defendant, through deposition, interrogatories and attorney participation, makes adequate appearance at arbitration proceeding and doesn't waive right to appeal plaintiff's award.
Civil Procedure May 7, 2002
Walk v. Ring
Plaintiff was not on notice as matter of law that her dentist performed in a negligent manner.
Civil Procedure May 7, 2002
Wenger v. Munroe
Retired colonel's challenge of military personnel decisions are non-justicable under 'Mindes' factors.
Civil Procedure Apr. 30, 2002
Nguyen v. Southwest Leasing and Rental Inc.
Oral notice of entry of judgment satisfies Federal Rule of Appellate Procedure 4(a)(6) if it is specific, reliable and unequivocal.
Civil Procedure Apr. 30, 2002
Orr v. Bank of America
Evidence offered in opposition to summary judgment motion is inadmissible as hearsay and lack of proper authentication.
Civil Procedure Apr. 30, 2002
Community Dental Services v. Tani
Client whose attorney was grossly negligent deserves relief from default judgment.
Civil Procedure Apr. 30, 2002
Zambrano v. INS
Dismissed action may not be reviewed for jurisdiction to determine party's eligibility under Equal Access to Justice Act.
Civil Procedure Apr. 30, 2002
Harris v. Sandro
Arbitration award is not subject to judicial review and sanctions are imposed for filing frivolous appeal.
Civil Procedure Apr. 29, 2002
McBride Cotton and Cattle Corp. v. Veneman
Exhaustion statute, 7 U.S.C. Section 6912(e), is not jurisdictional because it is merely codification of exhaustion requirement.
Civil Procedure Apr. 29, 2002
Trabuco Highlands Community Assn. v. Head
Trial court inadequately addressed whether arbitration was binding.
Civil Procedure Apr. 29, 2002
James v. Price Stern Sloan Inc.
Appellate jurisdiction exists where plaintiff dismisses remaining claims without prejudice, with approval of district court, in order to make judgment appealable.
Civil Procedure Apr. 26, 2002
Fischer v. Vantive Corp. (In re Vantive Corp. Litigation)
Class action failed to assert particularized reasons why alleged statements are misleading under Private Securities Litigation Reform Act.
Civil Procedure Apr. 26, 2002
Transmission Agency of Northern California v. Sierra Pacific Power Co.
Ninth Circuit no longer had jurisdiction over federal claims and state claims were pre-empted by federal law.
Civil Procedure Apr. 22, 2002
Keefe v. Kirschenbaum
Colorado resident and New York law firm's continuing obligations are sufficient to satisfy requirements for exercise of specific jurisdiction by Colorado.
Civil Procedure Apr. 22, 2002
U.S. v. Buck
Claim of fraud upon court was improperly pleaded in quiet title action against United States.
Civil Procedure Apr. 17, 2002
California Dept. of Forestry and Fire Protection v. LeBrock
Health & Safety Code statutes do not create a contract establishing a right to attorney fees for prevailing party.
Civil Procedure Apr. 17, 2002
Richter v. Aetna Life Insurance & Annuity Co.
Under new court rule, notice of cross-appeal was timely filed.
Civil Procedure Apr. 16, 2002
Flood Control District of Maricopa County v. Gaines (Paloma Investment Limited Partnership)
Law barring actions against state not brought within one year of when cause of action accrues governs inverse condemnation action.
Civil Procedure Apr. 9, 2002
Kajima Engineering and Construction Inc. v. City of Los Angeles
Party fails to meet its threshold burden to show that alleged acts were subject to anti-SLAPP statute.
Civil Procedure Apr. 8, 2002