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United Steel, Paper & Forestry, Rubber Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Shell Oil Co.
Class action with multiple defendants is improperly remanded to state court where one defendant's timely removal effected removal of entire action.
Civil Procedure Dec. 10, 2008
Robinson v. Woods
Trial court errs by shortening statutorily required minimum notice period for summary judgment hearing.
Civil Procedure Dec. 8, 2008
Huschke v. Slater
Unreasonable delay in notifying court of settlement warranted monetary sanctions.
Civil Procedure Dec. 4, 2008
Java Oil Ltd. v. Sullivan
Foreign judgment awarding attorney fees is deemed enforceable.
Civil Procedure Dec. 4, 2008
Davies v. Sallie Mae Inc.
Grant of demurrer appropriate where complaint failed to state cause of action against student loan holder.
Civil Procedure Dec. 3, 2008
Agri-Systems Inc. v. Foster Poultry Farms
Arbitrator is not required to disclose representation of third party where reasonable person would not doubt arbitrator’s impartiality.
Civil Procedure Dec. 3, 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. 1, 2008
Paiva v. Nichols
Motions to strike are improperly denied where defendants were granted preliminary injunction in their prior suit for trespass.
Civil Procedure Dec. 1, 2008
Wade v. Schrader
Application of settlement credit is not modification of arbitration award.
Civil Procedure Dec. 1, 2008
Vondjidis v. Hewlett Packard Corp.
Summary judgment is improperly granted to employer who transfered former employee's unclaimed shares to state.
Civil Procedure Nov. 28, 2008
Wallis v. PHL Associates Inc.
Court does not abuse discretion by imposing sanctions for attorney's violation of protective order.
Civil Procedure Nov. 26, 2008
Lee v. An
Appellant's motion to set aside voidable default judgment is untimely.
Civil Procedure Nov. 21, 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 Nov. 21, 2008
Consumer Advocacy Group Inc. v. ExxonMobil Corp.
Doctrine of res judicata does not apply where claims related to lead contamination were not resolved by first judgment.
Civil Procedure Nov. 21, 2008
McDonald v. Sun Oil Co.
CERCLA grafts discovery rule onto Oregon's statute of repose for negligence claims arising from failure to warn buyer of pollutant.
Civil Procedure Nov. 20, 2008
Romoland School District v. Inland Empire Energy Center
Dismissal order is deemed final judgment for purposes of appeal using 'pragmatic evaluation of finality' approach.
Civil Procedure Nov. 19, 2008
Goldstein v. Superior Court (Grand Jury)
Court does not have inherent power to order disclosure of grand jury materials to private litigants.
Civil Procedure Nov. 18, 2008
Manco Contracting Co. v. Bezdikian
California court recognizes foreign money judgment that is final, conclusive, and enforceable where rendered.
Civil Procedure Nov. 18, 2008
Leung v. Verdugo Hills Hospital
Present value of judgment against defendant is used to calculate undertaking required to stay judgment under Code of Civil Procedure Section 917.1.
Civil Procedure Nov. 17, 2008
OCM Principal Opportunities Fund v. CIBC World Markets Corp.
Court properly denies motion to vacate renewed judgment awarding compound interest on total amount of judgment 'as last renewed.'
Civil Procedure Nov. 17, 2008
Cook v. Avi Casino Enterprises Inc.
Despite diversity jurisdiction over offending casino, tribal sovereign immunity protects casino employees who served drinks to drunk driver.
Civil Procedure Nov. 17, 2008
Kullar v. Foot Locker Retail Inc.
In class action against Foot Locker, court must determine fairness of settlement agreement to members based on non-privileged information exchanged during mediation.
Civil Procedure Nov. 11, 2008
Sullivan v. Oracle Corp.
California's Labor Code and Unfair Competition Law apply to work performed by nonresidents in California.
Civil Procedure Nov. 7, 2008
Payne v. Rader
Plaintiff's Section 663 motion is deemed invalid, precluding extension to file untimely notice of appeal.
Civil Procedure Nov. 6, 2008
Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara County Association of Governments
Anti-SLAPP motion is granted where government entity promoted ballot measure at public meetings as authorized by statute.
Civil Procedure Nov. 5, 2008
Tri Counties Bank v. Superior Court (Amaya-Guenon)
Disqualification claim made against judge is untimely where petitioner does not act at 'earliest practicable opportunity.'
Civil Procedure Oct. 30, 2008
Hines v. Lukes
Order failing to accurately show parties' agreement by omitting settlement's material terms is insufficient under Code of Civil Procedure Section 664.6.
Civil Procedure Oct. 29, 2008
Williams v. Russ
Legal malpractice action is properly dismissed where plaintiff intentionally destroyed client file evidence.
Civil Procedure Oct. 29, 2008
Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara County Association of Governments
Anti-SLAPP motion is granted where government entity promoted ballot measure at public meetings as authorized by statute.
Civil Procedure Oct. 29, 2008
Citizens for Civic Accountability v. Town of Danville (Homes)
In complex litigation case, statutory 60-day appeal period is not triggered by e-mail from court clerk.
Civil Procedure Oct. 28, 2008