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Name Category Published
Birkner v. Lam
Apartment owner's motion to strike is improperly denied where court must determine whether tenants have made showing of right to prevail. 		Civil Procedure Oct. 22, 2007
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 Oct. 18, 2007
Mejia v. City of Los Angeles (California Home Development)
Real party in interest in mandamus proceeding may be regarded as ‘opposing party’ and liable for attorney fees in private attorney general action. 		Civil Procedure Oct. 18, 2007
Unzipped Apparel LLC v. Bader
Motion to compel production must be made within 60 days of deponents' objections to business records subpoenas. 		Civil Procedure Oct. 17, 2007
Garcia v. Duro Dyne Corp.
Trial court did not err in denying defendant's request to offset jury’s award by settlement monies that had not been paid. 		Civil Procedure Oct. 16, 2007
Jones & Matson v. Hall
Individual trustees are properly granted nonsuit where law firm fails to link conspiracy to terminate services with refusal to support political campaign. 		Civil Procedure Oct. 15, 2007
City of Riverside v. Stansbury
In case regarding ballot initiative measure, anti-SLAPP motion should not have been granted because city's lawsuit did not arise from protected activity. 		Civil Procedure Oct. 15, 2007
SEC v. Ross
Third-party intervenor of right does not consent to personal jurisdiction by intervening. 		Civil Procedure Oct. 15, 2007
Goldstein v. Superior Court (Grand Jury)
Order 		Civil Procedure Oct. 14, 2007
Ryman v. Sears, Roebuck and Co.
Federal court must follow decision by state's intermediate appellate court unless it finds convincing evidence that state’s supreme court would likely disaffirm it. 		Civil Procedure Oct. 14, 2007
Bookout v. Nielsen
Protective orders issued under Elder Abuse Act are reviewed for abuse of discretion and factual findings are reviewed for substantial evidence. 		Civil Procedure Oct. 11, 2007
Landale-Cameron Court Inc. v. Ahonen
Notice of defect signed by builder tolls statute of limitations for negligence action brought by homeowner's association against developer and flooring company. 		Civil Procedure Oct. 11, 2007
Zurich American Insurance Co. v. Superior Court (Watts Industries Inc.)
Corporate communications that do not directly involve attorney but disclose legal advice necessary to further litigant's interest fall within attorney-client privilege. 		Civil Procedure Oct. 11, 2007
Guglielmino v. McKee Foods Corp.
If amount in controversy is unclear or ambiguous, removing defendant bears burden of establishing that it more likely than not exceeds $75,000. 		Civil Procedure Oct. 9, 2007
Inouye v. Kemna
In case involving religious coercion, parole officer does not have qualified immunity. 		Civil Procedure Oct. 3, 2007
Cruz v. Ayromloo
Prevailing tenants are properly awarded attorney fees related to matters beyond contract cause of action for return of security deposit. 		Civil Procedure Oct. 3, 2007
Lee v. Blue Shield of California
Physician's declaratory relief claim should be treated as petition for writ of mandate to reinstate service plan's hearing to terminate provider status. 		Civil Procedure Oct. 2, 2007
Sznyter v. Malone
Federal statute of limitations controls in case involving alleged violations of the Telephone Consumer Protection Act of 1991. 		Civil Procedure Oct. 2, 2007
Venhaus v. Shultz
Jury instructions on elements of negligent interference with prospective economic relations were prejudicially erroneous. 		Civil Procedure Sep. 30, 2007
Little v. Los Angeles County Assessment Appeals Board.
Writ of mandamus to challenge property assessment is improper where suit to refund taxes provides adequate remedy at law. 		Civil Procedure Sep. 27, 2007
Beal Bank SSB v. Arter & Hadden LLP
In legal malpractice case, tolling does not continue against law firm that was formerly hired by client. 		Civil Procedure Sep. 27, 2007
Sahadi v. Scheaffer
Two-year statute of limitations to bring accounting malpractice action does not commence until IRS makes final determination there is no tax deficiency. 		Civil Procedure Sep. 26, 2007
Capitol People First v. Dept. of Developmental Services
Court must certify class where plaintiffs seek less restrictive environments under Lanterman Act. 		Civil Procedure Sep. 26, 2007
Stephen Slesinger Inc. v. The Walt Disney Co.
Terminating sanction is proper where investigator hired to obtain information from Walt Disney Co. engaged in deliberate and egregious conduct. 		Civil Procedure Sep. 26, 2007
Bailey v. Outdoor Media Group
'Benefits obtained' under Civil Code Section 3334 may constitute either gross revenue or profit obtained by wrongful occupation of land. 		Civil Procedure Sep. 26, 2007
Collins v. Horton
Absent 'well defined' binding precedent, arbitrators' refusal to apply offensive non-mutual collateral estoppel to judgment pending appeal does not 'manifestly disregard' law. 		Civil Procedure Sep. 25, 2007
Foothill Federal Credit Union v. Superior Court (King)
Litigation privilege bars parties' torts causes of action even though delivery of consumer records was beyond scope of subpoena. 		Civil Procedure Sep. 25, 2007
Buckland v. Threshold Enterprises
Executive director of California Women's Law Center lacks standing to pursue claims against defendants who sell lotions allegedly mislabeled. 		Civil Procedure Sep. 25, 2007
Lozano v. AT&T Wireless Services Inc.
District court erred in granting class certification of plaintiff's CLRA claim based on inclusion of unconscionable arbitration clause in agreement. 		Civil Procedure Sep. 23, 2007
Holcomb v. Wells Fargo Bank
Depositor who relies on manager's assurance to write checks against dishonored deposit properly alleges negligent misrepresentation, not breach of contract or negligence. 		Civil Procedure Sep. 23, 2007
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