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Advantage Medical Services LLC v. Hoffman
Arbitrator’s interim award in favor of plaintiffs was properly vacated when arbitrator failed to disclose his connection to plaintiffs and plaintiff’s insurer.
Civil Procedure Mar. 5, 2008
Marine Forests Society v. California Coastal Commission
Attorney fees are not awarded to plaintiff when Legislature, not defendant, changes its behavior as result of lawsuit.
Civil Procedure Mar. 5, 2008
Heritage Marketing and Insurance Services Inc. v. Chrustawka
Where interstate commerce is affected, Code of Civil Procedure Section 351, which tolls limitations period, cannot apply to defendants who are Texas residents.
Civil Procedure Mar. 4, 2008
Adaimy v. Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion.
Civil Procedure Mar. 3, 2008
McCann v. Wheeler
California law applies where state's interest in providing remedy for resident asbestos victim is more significantly impaired by application of Oklahoma statute.
Civil Procedure Mar. 3, 2008
Ticconi v. Blue Shield of California Life & Health Insurance Co.
Unclean hands defense cannot defeat class certification in UCL action where insurer rescinds policy based on alleged misrepresentations in unattached application.
Civil Procedure Feb. 29, 2008
Olson v. Automobile Club of Southern California
Prevailing plaintiff may not recover award of expert witness fees in addition to attorney fees under Code of Civil Procedure Section 1021.5.
Civil Procedure Feb. 29, 2008
Adajar v. RWR Homes Inc.
If arbitration terms are incorporated by reference to another document, that document must clearly state terms for court to compel arbitration.
Civil Procedure Feb. 29, 2008
Jakks Pacific Inc. v. Superior Court (THQ Inc.)
Arbitrator's disclosure obligations are not triggered until he is notified of selection to serve as neutral arbitrator.
Civil Procedure Feb. 29, 2008
Noble v. Draper
Plaintiffs’ fraud and unfair business practice claims against defendants are not precluded by prior administrative hearing concerning their wage claims.
Civil Procedure Feb. 26, 2008
Sprint/United Management Co. v. Mendelsohn
Because district court's reasoning in excluding testimony in age discrimination case was ambiguous, case should have been remanded.
Civil Procedure Feb. 26, 2008
Quihuis v. City of Los Angeles
Before discharging police officer, city must provide notice of proposed disciplinary action in personnel complaint within one year of alleged misconduct.
Civil Procedure Feb. 26, 2008
Taheri Law Group v. Evans
Attorney fees are improperly awarded under anti-SLAPP statute to lawyer who represented himself.
Civil Procedure Feb. 26, 2008
The Rite Site Coalition v. Los Angeles Unified School District
Case involving preliminary injunction sought against school construction project is remanded because trial court declined to consider likelihood of success on merits.
Civil Procedure Feb. 25, 2008
Goldman v. Simpson
State court retains jurisdiction to enter renewal of civil judgment against O.J. Simpson despite Simpson’s move to Florida.
Civil Procedure Feb. 20, 2008
Animal Legal Defense Fund v. Mendes
Causes of action based on alleged violation of state anti-cruelty laws may not be pursued by private parties in civil court.
Civil Procedure Feb. 19, 2008
Burdette v. Carrier Corp.
Claim and issue preclusion bar plaintiff’s slander claims where plaintiff’s same slander claims have already been resolved against him in prior federal action.
Civil Procedure Feb. 19, 2008
Pilkington v. Cardinal Health Inc.
District court must review binding class action settlement in breach of fiduciary duty case before entering summary judgment in defendants' favor.
Civil Procedure Feb. 19, 2008
Amtower v. Photon Dynamics Inc.
Court should afford litigant protections provided by trial or statutory process rather than utilize motion in limine to adjudicate litigant's claim.
Civil Procedure Feb. 18, 2008
Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists
Where punitive damages award was meaningfully ascertained as of original judgment, plaintiffs are entitled to post-judgment interest from that date.
Civil Procedure Feb. 12, 2008
Boeken v. Philip Morris USA Inc.
Res judicata bars widow's wrongful death action against tobacco company to recover for same injury alleged in prior loss of consortium claim.
Civil Procedure Feb. 12, 2008
Goodman v. Lozano
Defendants who pay nothing despite adverse judgment are properly named ‘prevailing party’ for purposes of awarding costs and attorney fees.
Civil Procedure Feb. 11, 2008
Roybal v. Governing Board of the Salinas City Elementary School District
Attorney fees are not warranted where evidence does not support plaintiffs' award of 'private attorney general' fees.
Civil Procedure Feb. 8, 2008
Nygård Inc. v. Uusi-Kerttula
Employer’s claims arising from statements made by former employee are properly stricken pursuant to anti-SLAPP motion.
Civil Procedure Feb. 5, 2008
Noble v. Draper
Plaintiffs’ fraud and unfair business practice claims against defendants are not precluded by prior administrative hearing concerning their wage claims.
Civil Procedure Feb. 4, 2008
Murphy v. Check 'N Go of California Inc.
In wage and hour case, class action waiver compelling arbitration of misclassified employee's right to overtime pay is exculpatory and unconscionable.
Civil Procedure Jan. 30, 2008
Doe v. Salesian Society
Plaintiffs’ presentation of limited evidence is insufficient to raise inference that defendant entity had notice of its employee’s unlawful sexual conduct.
Civil Procedure Jan. 30, 2008
Saxena v. Goffney
Physician is entitled to judgment notwithstanding the verdict where special verdict form did not require jury to determine whether he committed battery.
Civil Procedure Jan. 28, 2008
CashCall Inc. v. Superior Court (Cole)
Trial court properly orders precertification discovery in class action for purpose of identifying class members.
Civil Procedure Jan. 25, 2008
Contractors Equipment Maintenance Co. Inc. v. Bechtel Hanford Inc.
Supersedeas bond does not encompass judgment against two parties where bond agreement indicates only one party as principal.
Civil Procedure Jan. 25, 2008