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Airlines Reporting Corp. v. Renda
Motion to vacate not subject to 30-day deadline where defendant attacked sister-state judgment on jurisdictional grounds.
Civil Procedure Aug. 28, 2009
Rodriguez v. Superior Court (Witzling)
Agreement to arbitrate medical malpractice claims is unenforceable where patient died prior to 30-day period for revocation.
Civil Procedure Aug. 27, 2009
D.C. v. Harvard-Westlake School
Arbital expenses may not be imposed against plaintiffs seeking relief under California hate crimes law.
Civil Procedure Aug. 17, 2009
Jhaveri v. Teitelbaum
Claims against cotortfeasors are not reduced by amount in settlement with other cotortfeasor where settlement was not reached prior to verdict.
Civil Procedure Aug. 14, 2009
U-Haul International Inc. v. Lumbermens Mutual Casualty Co.
Computer-generated summaries of payments made on insurance claims are admissible records of regularly conducted business activity.
Civil Procedure Aug. 13, 2009
Williams v. Southern California Gas Co.
Court errs by barring subsequent claim where factual allegations were contrary to judicially noticed facts contained in interrogatories.
Civil Procedure Aug. 12, 2009
Boyd v. City and County of San Francisco
Reversal of defense verdict is not warranted where court erroneously admitted evidence of rap lyrics found during search of decedent's car.
Civil Procedure Aug. 10, 2009
Mangum v. Action Collection Service Inc.
Plaintiff's claim under Fair Debt Collection Practices Act is timely where discovery rule applied to limitations period.
Civil Procedure Aug. 6, 2009
Manson, Iver & York v. Black
Default judgment set aside on equitable grounds where error in defendant name precluded proper notice and opportunity to defend.
Civil Procedure Aug. 4, 2009
Bosack v. Soward
Arbitration award is proper where panel did not redetermine issues previously resolved by final interim award.
Civil Procedure Jul. 24, 2009
People v. Indiana Lumbermens Mutual Insurance Co.
Surety does not forfeit bond where defendant was in custody outside of county within 180 days of forfeiture notice.
Civil Procedure Jul. 23, 2009
BNSF Railway Co. v. O'Dea
Court overturns opinion barring district courts from reviewing state administrative agency decisions based on diversity jurisdiction.
Civil Procedure Jul. 17, 2009
Thomas v. Mundell
County Attorney seeking to bar racially segregated DUI courts lacks standing to sue in federal court.
Civil Procedure Jul. 16, 2009
Turner v. Schultz
Attorney fee award is proper where defendant was 'prevailing party' in action to forestall arbitration.
Civil Procedure Jul. 15, 2009
Branner v. Regents of the University of California
Appeal from order granting special motion to strike is untimely where plaintiff failed to file valid motion to reconsider.
Civil Procedure Jul. 15, 2009
Independent Living Center Of Southern California, Inc. v. Sacramento Family Medical Clinics, Inc.
Rate reduction of medical services properly enjoined where cost data to determine effect on quality and accessibility of care was unavailable.
Civil Procedure Jul. 13, 2009
Jane Doe I v. Wal-Mart Stores, Inc.
Employees of foreign companies claiming to be third-party beneficiaries to supply-contracts fails where no duty was created.
Civil Procedure Jul. 13, 2009
Fontaine v. Superior Court (Cashcall, Inc.)
Statutory venue exception for lawsuits arising from consumer obligations is not limited to actions brought against consumer defendant.
Civil Procedure Jul. 9, 2009
Clark v. American Residential Services LLC
Trial court fails to make informed evaluation of proposed settlement by relying on counsel's assertion that overtime claim had no value.
Civil Procedure Jul. 8, 2009
Vinole v. Countrywide Home Loans Inc.
Defendant's motion to deny class certification is proper even though plaintiffs had not yet filed motion for certification.
Civil Procedure Jul. 8, 2009
Mevorah v. Wells Fargo Home Mortgage
Class certification improper where court relied mainly on employer's uniform exemption policy.
Civil Procedure Jul. 8, 2009
Nelson v. City of Davis
'Sham affidavit' rule does not preclude introduction of witness testimony that contradicts plaintiff's deposition testimony.
Civil Procedure Jul. 8, 2009
Kobayashi v. Superior Court (Han)
Petition to appeal dismissal of case for failure to obtain prefiling order denied where plaintiff was found to be 'vexatious litigant.'
Civil Procedure Jul. 2, 2009
Cadkin v. Loose
Circuit overrules case holding that defendant is prevailing party for attorney's fee award purposes where plaintiff voluntary dismisses without prejudice.
Civil Procedure Jun. 29, 2009
Terry v. SLICO
Service of deposition subpoena on nonparty witness is effective without accompanying affidavit pursuant to Civil Discovery Act.
Civil Procedure Jun. 29, 2009
Carmel Ltd. v. Tavoussi
Defendants substantially comply with requirements for relief from default judgment where counsel's declaration showed neglect and proposed answer was available.
Civil Procedure Jun. 29, 2009
Johnson v. E-Z Insurance Brokerage Inc.
Property transfer through quitclaim deed after filing for bankruptcy is invalid, judgment lien still attached.
Civil Procedure Jun. 24, 2009
Palacio Del Mar Homeowners Association Inc. v. McMahon
Domain name not subject to direct turnover to judgment creditor.
Civil Procedure Jun. 18, 2009
Mollison v. United States of America
United States properly served petition to quash summons within 120-day period after receipt of notice of summons.
Civil Procedure Jun. 16, 2009
Kamm v. ITEX Corp.
Forum selection clause is not 'defect' precluding review of order removing case to federal court.
Civil Procedure Jun. 16, 2009