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Oldcastle Precast Inc. v. Lumbermens Mutual Casualty Co.
Summary judgment against defendant is proper where continuance of hearing is not warranted.
Civil Procedure Jan. 25, 2009
Community Youth Athletic Center v. City of National City
Good cause for relief from noncompliance with publication requirements exists where incorrect date for response was published.
Civil Procedure Jan. 22, 2009
Stearn v. County of San Bernardino (General Outdoor Advertising)
Dismissal is improper where statute of limitations does not apply to third party challenge to rezoning.
Civil Procedure Jan. 22, 2009
Philip Morris USA Inc. v. King Mountain Tobacco Co. Inc.
Tribal court has no colorable claim to jurisdiction over trademark infringement case brought by Philip Morris.
Civil Procedure Jan. 20, 2009
Veyna v. Orange County Nursery Inc.
In dissolution proceeding, filing notice of appeal does not automatically stay judgment requiring party to buy-out shares before certain date.
Civil Procedure Jan. 19, 2009
Musaelian v. Adams
Attorney who represented himself in responding to filing abuse may not recover sanction of attorney fees.
Civil Procedure Jan. 15, 2009
Mossman v. City of Oakdale
Arbitration judgment that does not determine appropriate nature of 'make-whole' remedy is unenforceable.
Civil Procedure Jan. 14, 2009
Nolan v. Heald College
In examining evidence outside of administrative record in ERISA case, district court fails to apply traditional rules of summary judgment.
Civil Procedure Jan. 13, 2009
Ghazaryan v. Diva Limousine Ltd.
Trial court's denial of class certification is improper where it focused on rule against evaluating merits of plaintiff's claim.
Civil Procedure Jan. 12, 2009
Travelers Casualty and Surety Co. of America v. Brenneke
Defendant is properly served where summons and complaint are placed within his physical proximity.
Civil Procedure Jan. 11, 2009
Englert v. MacDonell
Ninth Circuit dismisses appeal from order denying motion to strike under Oregon's 'anti-SLAPP' statute.
Civil Procedure Jan. 8, 2009
C.R. v. Tenet Healthcare Corp.
Demurrer is improper where judicial notice of joint venture does not conclusively disprove allegations in complaint.
Civil Procedure Jan. 7, 2009
Crab Addison Inc. v. Superior Court (Martinez)
Employee plaintiff may obtain contact information to identify potential class members even though employees signed privacy request form.
Civil Procedure Dec. 31, 2008
Schaffer v. City and County of San Francisco
Grant of anti-SLAPP motion to strike is proper where statements were made in connection to issues considered by district attorney.
Civil Procedure Dec. 26, 2008
Hailstone v. Martinez
Motion to strike is properly denied where plaintiff's defamation claim has at least minimal merit.
Civil Procedure Dec. 24, 2008
Harutyunyan v. Superior Court (People)
Commissioner lacked authority to continue contested preliminary hearing absent stipulation of parties.
Civil Procedure Dec. 23, 2008
Perez v. Grajales
Court improperly denies motion to confirm client's arbitration award in fee dispute with attorney.
Civil Procedure Dec. 23, 2008
Williams v. Gerber Products Co.
Court improperly dismisses class action plaintiffs' claim that Gerber deceptively packages and markets Fruit Juice Snacks to mislead reasonable consumer.
Civil Procedure Dec. 23, 2008
Wallis v. PHL Associates Inc.
Court does not abuse discretion by imposing sanctions for attorney's violation of protective order.
Civil Procedure Dec. 22, 2008
Vasquez v. State of California
Plaintiff who obtained stipulated injunction in 'non-catalyst' case did not have to make prelitigation settlement demands to recover attorney fees.
Civil Procedure Dec. 19, 2008
The Termo Co. v. Luther (Hunt Petroleum (AEC) Inc.)
Trial court errs by applying substantial evidence standard in reviewing administrative decision related to fundamental vested right to operate oil wells.
Civil Procedure Dec. 19, 2008
United States v. Community Home and Health Care Services Inc.
Order granting summary judgment is final and appealable, and district court retains jurisdiction over pending claim by relator.
Civil Procedure Dec. 17, 2008
Guevara v. Ventura County Community College District
Supplemental jurisdiction statute tolls statute of limitations applicable to police officer's state action alleging wrongful termination.
Civil Procedure Dec. 17, 2008
Club Members For An Honest Election v. Sierra Club
Exception to anti-SLAPP statute applies only where entire action is brought in public interest.
Civil Procedure Dec. 16, 2008
Travelers Indemnity Co. v. Bailey
Order
Civil Procedure Dec. 16, 2008
Young v. Exxon Mobil Corp.
Attorney fee award of $1 to defendant is proper in frivolous FEHA suit.
Civil Procedure Dec. 15, 2008
American Broadcasting Companies Inc. v. Miller
Court denying attorney fees to prevailing party under Section 1983 must identify 'special circumstances' making award unjust.
Civil Procedure Dec. 15, 2008
The Formula Inc. v. Superior Court (iStar Financial Inc.)
Lis pendens statutes are not applicable to notice of litigation in courts of another state.
Civil Procedure Dec. 12, 2008
Briggs v. Resolution Remedies
Trial court lacks authority to review arbitrator's prehearing order.
Civil Procedure Dec. 11, 2008
Larner v. Los Angeles Doctors Hospital Associates LP
Plaintiff who loses class certification motion and settles overtime hours claim retains no personal stake in litigation, rendering appeal moot.
Civil Procedure Dec. 10, 2008