| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-17040
|
Fisher v. NOS Communications
'Filed rate doctrine' precludes customers' federal and state law claims challenging carriers' approved terms or rates charged under federally filed tariffs. |
Civil Procedure |
|
Jul. 10, 2007 | |
|
G037156
|
Berryman v. Merit Property Management Inc.
Trial court properly sustains demurrer without leave to amend, in dispute between homeowners and homeowner association management company over fees. |
Civil Procedure |
|
Jul. 9, 2007 | |
|
A114366
|
Brandenburg v. Eureka Redevelopment Agency
Claim for violation of Government Code Sections 1090 and 1092 compels forfeiture and must be filed within one year of public breach. |
Civil Procedure |
|
Jul. 4, 2007 | |
|
H030167
|
People v. Whaley
Supplemental jury instruction suggesting jurors try role-playing and role-reversal is valid under ‘People v. Gainer.' |
Civil Procedure |
|
Jul. 2, 2007 | |
|
S132814
|
Oakland Raiders v. National Football League
Trial court’s failure to specify its underlying reasons in motion for new trial is subject to independent review standard on appeal. |
Civil Procedure |
|
Jul. 2, 2007 | |
|
C051652
|
Miller-Leigh LLC v. Henson
Court erroneously finds it lacked subject matter jurisdiction over case involving lease with choice-of-forum clause requiring suit be brought in Arizona. |
Civil Procedure |
|
Jul. 1, 2007 | |
|
B190681
|
McOwen v. Grossman
Medical malpractice action is not time-barred where amputee was ignorant of facts and theory of liability when he filed complaint. |
Civil Procedure |
|
Jul. 1, 2007 | |
|
C051652
|
Miller-Leigh LLC v. Henson
Court erroneously finds it lacked subject matter jurisdiction over case involving lease with choice-of-forum clause requiring suit be brought in Arizona. |
Civil Procedure |
|
Jul. 1, 2007 | |
|
B192109
|
Akkerman v. Mecta Corp. Inc.
Class certification is properly denied in tort liability case where each claim would be too complicated and impractical for class action format. |
Civil Procedure |
|
Jun. 28, 2007 | |
|
G037750
|
Contemporary Services Corp. v. Staff Pro Inc.
Anti-SLAPP motion is properly granted where statements critical of business competitor do not fall within commercial speech exception. |
Civil Procedure |
|
Jun. 28, 2007 | |
|
C051841
|
McAdams v. Monier Inc.
Class treatment is appropriate mechanism in case where plaintiff alleged failure to disclose defective roof tiles. |
Civil Procedure |
|
Jun. 27, 2007 | |
|
B187386
|
Gallanis-Politis v. Medina
Trial court improperly denies special motion to strike retaliation claim under anti-SLAPP statute, in discrimination case against County and County officials. |
Civil Procedure |
|
Jun. 27, 2007 | |
|
A111425
|
Alliance Payment Systems Inc. v. Walczer
Trial court properly orders new trial in dispute between ex-lovers over settlement agreement that divided their business. |
Civil Procedure |
|
Jun. 26, 2007 | |
|
05-85
|
Powerex Corp. v. Reliant Energy Services Inc.
28 U.S.C. Section 1447(d) precludes appellate review of district court's remand for lack of subject matter jurisdiction. |
Civil Procedure |
|
Jun. 24, 2007 | |
|
A114590
|
Humane Society of the United States v. State Board of Equalization
State Board of Equalization prevails in tax exemption case concerning poultry producers and alleged improper use of cages for keeping hens. |
Civil Procedure |
|
Jun. 24, 2007 | |
|
E040921
|
Riverside Sheriff's Assn. v. County of Riverside
Trial court properly awards attorney fees under Code of Civil Procedure rather than Government Code, in dispute between Sheriff's Association and County. |
Civil Procedure |
|
Jun. 24, 2007 | |
|
05-85
|
Powerex Corp. v. Reliant Energy Services Inc.
28 U.S.C. Section 1447(d) precludes appellate review of district court's remand for lack of subject matter jurisdiction. |
Civil Procedure |
|
Jun. 22, 2007 | |
|
A114590
|
Humane Society of the United States v. State Board of Equalization
State Board of Equalization prevails in tax exemption case concerning poultry producers and alleged improper use of cages for keeping hens. |
Civil Procedure |
|
Jun. 22, 2007 | |
|
E040921
|
Riverside Sheriff's Assn. v. County of Riverside
Trial court properly awards attorney fees under Code of Civil Procedure rather than Government Code, in dispute between Sheriff's Association and County. |
Civil Procedure |
|
Jun. 22, 2007 | |
|
B190711
|
Eternity Investments Inc. v. Brown
$36,575 arbitration award in dispute over home improvement contract must stand, as homeowners fail to bring timely petition to challenge the award. |
Civil Procedure |
|
Jun. 21, 2007 | |
|
B190711
|
Eternity Investments Inc. v. Brown
$36,575 arbitration award in dispute over home improvement contract must stand, as homeowners fail to bring timely petition to challenge the award. |
Civil Procedure |
|
Jun. 21, 2007 | |
|
H028343
|
Linear Technology Corp. v. Applied Materials Inc.
State court has jurisdiction over buyer's contract-related claims alleging seller's failure to indemnify against third party infringement actions. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
B196903
|
Wimsatt v. Superior Court (Kausch)
Mediation briefs and e-mails referencing the briefs are made in course of mediation and are protected communications under mediation confidentiality statutes. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
H028343
|
Linear Technology Corp. v. Applied Materials Inc.
State court has jurisdiction over buyer's contract-related claims alleging seller's failure to indemnify against third party infringement actions. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
B196903
|
Wimsatt v. Superior Court (Kausch)
Mediation briefs and e-mails referencing the briefs are made in course of mediation and are protected communications under mediation confidentiality statutes. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
04-75716
|
Maciel v. Commissioner of Internal Revenue
Issue preclusion is improper where issue was not crucial to previous proceedings and was not fully and fairly litigated in previous action. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
05-1284
|
Watson v. Philip Morris Cos. Inc.
FTC's detailed supervision of Philip Morris' cigarette testing process does not permit removal of action to federal court. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
06-134
|
Permanent Mission of India to the United Nations v. City of New York
Indian and Mongolian governments are not immune under 'FSIA' from lawsuit to validate tax liens on property held to house diplomatic employees. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
B195944
|
Garabet v. Superior Court (Boghosian)
Three-year statute of limitations bars medical malpractice suit brought by lasik patient who experienced adverse effects immediately after surgery. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
C048984
|
County of Imperial v. Superior Court (State Water Resources Control Board)
Trial court properly dismisses action over water dispute after finding water districts to be indispensable parties. |
Civil Procedure |
|
Jun. 15, 2007 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com