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CKE Restaurants v. Moore
Fast food operator fails to show probability of prevailing in action arising from requirement to warn consumers that its fries contain naphthalene. 		Civil Procedure Jan. 25, 2008
Comedy Club Inc. v. Improv West Associates
Court lacks jurisdiction to review untimely appeal from order compelling arbitration, but confirms arbitrator's authority to resolve disputes arising from trademark agreement. 		Civil Procedure Jan. 24, 2008
Zevnik v. Superior Court (Rayonier Inc.)
Where appellate court affirms decision, only grounds it relied on can establish collateral estoppel. 		Civil Procedure Jan. 23, 2008
United States v. Approximately $1.67 Million (US) in Cash, Stock, and Other Valuable Assets
Defendant’s drug trafficking interactions within district giving rise to government’s civil forfeiture action are sufficient to invest district court with in rem jurisdiction. 		Civil Procedure Jan. 23, 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 Jan. 22, 2008
Huh v. Wang
Appellant who fails to act diligently or explain delay is not entitled to relief from summary judgment for excusable attorney neglect. 		Civil Procedure Jan. 18, 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 Jan. 18, 2008
CDF Firefighters v. Maldonado
Labor union seeking damages from its member must establish all elements of its contractual claim, like any other civil litigant must do. 		Civil Procedure Jan. 16, 2008
Puerto v. Superior Court (Wild Oats Markets Inc.)
Court order mandating opt-in notice for party to receive witnesses’ contact information during discovery is abuse of discretion. 		Civil Procedure Jan. 16, 2008
Heritage Provider Network Inc. v. Superior Court (Eastland Medical Group Inc.)
Trial court does not have discretion to deny motion to stay proceedings before it involving issues that overlap with controversy in arbitration proceedings. 		Civil Procedure Jan. 15, 2008
Esther B. v. City of Los Angeles
Mandatory relief under Code of Civil Procedure Section 473(b) is not proper where attorney fails to show she represented any taxpayer other than herself. 		Civil Procedure Jan. 14, 2008
Hogar v. Community Development Commission of the City of Escondido
Plaintiff is successful party and entitled to attorney fees where his lawsuit motivated defendant to voluntarily provide relief. 		Civil Procedure Jan. 11, 2008
Nielsen v. Beck
Former attorney's advice to client about 'same subject matter' after substitution presents triable issue tolling statute of limitations for malpractice action. 		Civil Procedure Jan. 9, 2008
John R. Sand & Gravel Co. v. United States
Lawsuit is properly found to be untimely where Federal Circuit addressed timeliness issue sua sponte. 		Civil Procedure Jan. 9, 2008
Otay River Constructors v. San Diego Expressway
Where plaintiff's petition to compel arbitration is deemed action on contract, defendant is prevailing party as matter of law. 		Civil Procedure Jan. 8, 2008
Dicola v. White Bros. Performance Products Inc.
In products liability action, hearsay declaration by plaintiffs' counsel does not raise triable issue showing defendants manufactured and distributed defective product. 		Civil Procedure Jan. 4, 2008
Hirano v. Hirano
Party’s failure to exchange expert information before initial trial date is irrelevant once resultant judgment is reversed and discovery reopened. 		Civil Procedure Jan. 4, 2008
Bates v. United Parcel Service Inc.
Burden-shifting and qualification standard in 'business necessity' defense does not apply to UPS' discriminatory policy against hearing impaired drivers. 		Civil Procedure Dec. 31, 2007
Engle v. Copenbarger and Copenbarger
Party who secures recovery by accepting statutory offer is entitled to attorney costs and fees unless expressly excluded in offer to compromise. 		Civil Procedure Dec. 27, 2007
Harman v. City and County of San Francisco
Costs for work performed on unsuccessful attorney fee issue in prior appeal must be deleted from total attorney fee award. 		Civil Procedure Dec. 26, 2007
Bell v. Superior Court (H.F. Cox Inc.)
Court improperly denies class certification with respect to overtime and vacation pay claims of hourly employees not excluded by motor carrier exemption. 		Civil Procedure Dec. 24, 2007
Westamerica Bank v. MBG Industries Inc.
Defendant's offer to settle amended complaint and not cross complaint validly triggers provisions of Code of Civil Procedure Section 998. 		Civil Procedure Dec. 21, 2007
Hirano v. Hirano
Party’s failure to exchange expert information before initial trial date is irrelevant once resultant judgment is reversed and discovery reopened. 		Civil Procedure Dec. 20, 2007
Pagarigan v. Aetna U.S. Healthcare of California Inc.
Where party failed to file amended complaint within statutory time-limit following issuance of remittitur, opposing party’s motion to dismiss is properly granted. 		Civil Procedure Dec. 20, 2007
PAE Government Services Inc. v. MPRI Inc.
Inconsistent or even contradictory allegations in successive pleadings are not basis for striking pleading unless there is showing of bad faith. 		Civil Procedure Dec. 19, 2007
Snyder v. Superior Court (Caterpillar Inc.)
General Order 29 is rendered invalid because it requires asbestos plaintiffs produce information protected by attorney work product doctrine. 		Civil Procedure Dec. 19, 2007
Hogar v. Community Development Commission of the City of Escondido
Plaintiff is successful party and entitled to attorney fees where his lawsuit motivated defendant to voluntarily provide relief. 		Civil Procedure Dec. 17, 2007
Sycamore Ridge Apartments v. Naumann
In malicious prosecution case, anti-SLAPP motion is properly denied where claims in underlying complaint lacked probable cause. 		Civil Procedure Dec. 17, 2007
Zhou v. Unisource Worldwide Inc.
At trial for damages allegedly sustained in car accident, plaintiff’s letter to his insurer regarding damages alleged in separate, later accident is admissible. 		Civil Procedure Dec. 17, 2007
Barton v. Khan
Court must grant plaintiff leave to amend pleading after corporation files answer or accept amended complaint against individual defendants until hearing on demurrer. 		Civil Procedure Dec. 13, 2007
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