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Alaska Right to Life Political Action Committee v. Feldman
District court should have declined jurisdiction on prudential ripeness grounds because of inadequate record and lack of showing that withholding jurisdiction would cause hardship.
Civil Procedure Sep. 23, 2007
De Santiago v. D and G Plumbing Inc.
'Impracticability exception' for court congestion does not toll five-year limitations period where intervenor fails to exercise reasonable diligence in prosecuting case.
Civil Procedure Sep. 20, 2007
Marcario v. County of Orange
Arbitration of employee's labor grievance could not be given binding effect with regard to statutory claims not explicitly noted in MOU.
Civil Procedure Sep. 20, 2007
Yetiv v. U.S. Dept. of Housing and Urban Development
HUD had jurisdiction to impose penalties for failure to provide audits even though owner prepaid HUD-insured loan prior to final adjudication of ALJ.
Civil Procedure Sep. 20, 2007
Menken v. Emm
Court has personal jurisdiction over defendant in tort case involving civil extortion and interference with contractual relations.
Civil Procedure Sep. 19, 2007
Equity Lifestyle Properties Inc. v. County of San Luis Obispo
District court properly dismissed complaint where there was no claim upon which relief could be granted and as-applied takings claim was unripe.
Civil Procedure Sep. 17, 2007
Corrie v. Caterpillar Inc.
Plaintiffs' claims present nonjusticiable political questions that deprive district court of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).
Civil Procedure Sep. 17, 2007
Chrisman v. City of Los Angeles
Police department could not punish officer for misuse of department computers that predated department’s administrative complaint by more than two years.
Civil Procedure Sep. 13, 2007
Chabak v. Monroy
Underage patient's privileged statements to police and parents preclude physical therapist's recovery of damages for victim's allegedly false reports of child abuse.
Civil Procedure Sep. 11, 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 Sep. 10, 2007
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 Sep. 9, 2007
Inouye v. Kemina
In case involving religious coercion, parole officer does not have qualified immunity.
Civil Procedure Sep. 9, 2007
Dept. of Fair Employment and Housing v. 1105 Alta Loma Road Apartments
Where gravamen of complaint alleged disability discrimination and did not attack protected petitioning or speech activity, defendant's anti-SLAPP motion was properly denied.
Civil Procedure Sep. 6, 2007
El Escorial Owners' Association v. DLC Plastering Inc.
In multi-party construction defect case, trial court may use 'rough categories' to initially determine good faith settlement allocations for various types of defects.
Civil Procedure Sep. 6, 2007
New Regency Productions Inc. v. Nippon Herald Films Inc.
Arbitration award is properly vacated where arbitrator fails to disclose facts that show reasonable impression of partiality.
Civil Procedure Sep. 5, 2007
Baron v. Fire Insurance Exchange
Insurance company forfeits its challenge to validity of appointment of receiver where issue was not raised in trial court.
Civil Procedure Sep. 5, 2007
Molski v. Evergreen Dynasty Corp.
Plaintiff's strategy to harass ethnic restaurants into cash settlements supports order requiring vexatious litigant to obtain court leave before filing disability claims.
Civil Procedure Sep. 4, 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 Sep. 4, 2007
Philipson & Simon v. Gulsvig
Trial court errs denying anti-SLAPP motion where law firm fails to demonstrate probability of success on claims of fraud and negligent misrepresentation.
Civil Procedure Aug. 30, 2007
The Paul Revere Insurance Group v. United States
District court errs by enforcing government judgment lien where federal law did not preempt state law regarding property exempt from enforcement.
Civil Procedure Aug. 30, 2007
Gentry v. Superior Court (Circuit City Stores Inc.)
Class arbitration waiver is erroneously upheld where employee seeks overtime pay in class action suit filed against Circuit City.
Civil Procedure Aug. 30, 2007
Freeman v. Schack
Anti-SLAPP statute does not apply to attorney's activity where class action settlement was merely incidental to breach arising from his adverse representation.
Civil Procedure Aug. 29, 2007
Mileikowsky v. West Hills Hospital Medical Center
Hearing officer cannot prematurely terminate hearing on hospital's extension of staff privileges as sanction for physician's failure to produce requested documents.
Civil Procedure Aug. 29, 2007
Catholic Mutual Relief Society v. Superior Court (Roman Catholic Archdiocese of San Diego)
Church's nonparty liability insurer is not required to provide discovery of reinsurance agreements in childhood abuse case.
Civil Procedure Aug. 28, 2007
Butler-Rupp v. Lourdeaux
Trial court retains jurisdiction to award attorney fees incurred on appeal even when appellate court orders parties to bear their own costs.
Civil Procedure Aug. 28, 2007
Peterson v. John Crane Inc.
Expert witness fees are properly awarded to prevailing party who presented valid settlement offer to single plaintiff in her multiple legal capacities.
Civil Procedure Aug. 27, 2007
The Cadle Co. II Inc. v. Sundance Financial Inc.
Lawsuit is barred by statute of limitations where it is filed more than ten years after entry of stipulated judgment.
Civil Procedure Aug. 27, 2007
Azizian v. Federated Dept. Stores Inc.
Appellant is not required to secure appellate attorney fees where appellees are not entitled to recover such fees if successful on appeal.
Civil Procedure Aug. 24, 2007
Dependable Highway Express Inc. v. Navigators Ins. Co.
District court's stay order is abuse of discretion where it is unclear whether company agreed to arbitrate dispute in England.
Civil Procedure Aug. 23, 2007
Vasquez v. State of California
Plaintiff is excused from any prelitigation settlement requirement under futility principles.
Civil Procedure Aug. 23, 2007