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Premier Medical Management Systems Inc. v. California Insurance Guarantee Association
Mandatory award of attorney fees under anti-SLAPP statute is affirmed where no evidence of inefficient or duplicative efforts appear.
Civil Procedure Jun. 1, 2008
Guardado v. Superior Court (Mariposa Gardens)
Judge does not err in accepting petitioner's peremptory challenge deemed to be timely and proper.
Civil Procedure May 23, 2008
Santillan v. Roman Catholic Bishop of Fresno
Summary judgment is overturned where triable issues exist as to whether parish housekeeper is agent under duty to disclose suspicions of sexual abuse.
Civil Procedure May 22, 2008
United States v. Carpenter
Approval of settlement must be vacated where district court disregards mandate allowing intervenors to participate in settlement review proceedings.
Civil Procedure May 21, 2008
Duarte v. Bardales
District court abused its discretion by denying plaintiff's motion to alter or amend judgment.
Civil Procedure May 21, 2008
Unruh-Haxton v. Regents of the University of California
Media coverage of doctors stealing genetic material from fertility patients does not impute knowledge of harm triggering statute of limitations.
Civil Procedure May 19, 2008
Bufil v. Dollar Financial Group Inc.
Collateral estoppel does not bar new class action alleging labor law violations where plaintiff corrects flaws and narrows class previously denied certification.
Civil Procedure May 15, 2008
Avenue v. Franco
Appeal is dismissed for lack of jurisdiction where noncompliance with statutory notice requirements did not void judgment in trial court.
Civil Procedure May 14, 2008
Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage Leasehold and Easement in the Colverly Subterranean Geological Formation
Incomplete certificate of public convenience and necessity causes grant of motion to dismiss based on failure to state claim.
Civil Procedure May 12, 2008
Royal Indemnity Co. v. United Enterprises, Inc.
Third party who is not contractual party with insurer and is not insured lacks standing to sue insurer to resolve coverage questions.
Civil Procedure May 9, 2008
Serrano v. Stefan Merli Plastering Co. Inc.
Court has authority to require deposition reporter to provide non-noticing party with copy of deposition transcript in pending action for reasonable fee.
Civil Procedure May 8, 2008
People v. Bhakta
Motel enjoined from facilitating prostitution under Red Light law is not entitled to jury trial in action to abate public nuisance.
Civil Procedure May 7, 2008
Brawley v. J.C. Interiors Inc.
Although both sides breached contract, court is directed to award no damages under Code of Civil Procedure Section 877.
Civil Procedure May 2, 2008
Simpson Strong-Tie Co. Inc. v. Gore
In manufacturer's action for defamation and trade libel, attorney's statements in advertisement do not fall within statutory exclusion of anti-SLAPP law.
Civil Procedure May 2, 2008
EnPalm v. Teitler Family Trust
Trial court properly applied equitable principles to reduce attorney fee award after defendants were awarded judgment in fraud and breach of contract action.
Civil Procedure May 2, 2008
Roman v. Liberty University Inc.
California court does not err in quashing service of summons for lack of personal jurisdiction over Virginia based university.
Civil Procedure May 1, 2008
Clark v. Time Warner Cable
Court’s referral of ‘anti-slamming’ claim to FCC is proper under primary jurisdiction doctrine because it presents novel question of federal telecommunications policy.
Civil Procedure May 1, 2008
Luce, Forward, Hamilton & Scripps v. Koch
Arbitrator need not disqualify himself where disclosure of information is not legally required.
Civil Procedure May 1, 2008
Woods v. Union Pacific Railroad Co.
Directed verdict for railroad is proper where its use of handholds in compliance with federal safety regulations undermines plaintiff's negligence claim.
Civil Procedure Apr. 30, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm.
Civil Procedure Apr. 30, 2008
Negrete v. Allianz Life Insurance Co. of North America
Anti-Injunction Act precludes district court from enjoining insurance corporation's resolution of similar class action claims in any other court.
Civil Procedure Apr. 30, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm.
Civil Procedure Apr. 30, 2008
Loeb v. Record
Plaintiff failed to follow proper procedure to prevent arbitration award from becoming binding.
Civil Procedure Apr. 28, 2008
Unruh-Haxton v. Regents of the University of California
Media coverage of doctors stealing genetic material from fertility patients does not impute knowledge of harm triggering statute of limitations.
Civil Procedure Apr. 25, 2008
Van Keulen v. Cathay Pacific Airways Ltd.
Trial court has discretionary authority to dismiss for failure to diligently prosecute action stayed on forum non conveniens grounds.
Civil Procedure Apr. 24, 2008
San Joaquin Local Agency Formation Commission v. Superior Court (South San Joaquin Irrigation District)
Protective order motion to preclude taking of local agency commissioners' depositions is granted in its entirety.
Civil Procedure Apr. 24, 2008
Daybreak Group Inc. v. Three Creeks Ranch
There is no authority for contention that firm, as opposed to individual attorney, must be admitted 'pro ha vice' in California courts.
Civil Procedure Apr. 23, 2008
Camacho v. Bridgeport Financial Inc.
Court fails to provide authority to support flat award in lieu of 'lodestar' method.
Civil Procedure Apr. 23, 2008
Zanone v. The City of Whittier
When information does not fall within Penal Code Section 832.8's definition of officer’s ‘personnel records,' information is not subject to 'Pitchess' procedure.
Civil Procedure Apr. 23, 2008
Capitol Racing LLC v. California Horse Eacing Bd. (Rodriguez)
Judgment is reversed where petition brought by plaintiff is time-barred under Business and Professions Code Section 19463.
Civil Procedure Apr. 23, 2008