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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. 14, 2007
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. 14, 2007
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. 14, 2007
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. 14, 2007
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. 14, 2007
Osumi v. Sutton
Trial court properly extends deadline for performance and enforces settlement agreement under Code of Civil Procedure Section 664.6.
Civil Procedure Jun. 13, 2007
Drybread v. Chipain Chiropractic Corp.
Limitation precluding attorney fees on contract claims does not apply to prevailing party in dismissed unlawful detainer action sounded in tort.
Civil Procedure Jun. 13, 2007
Cadlo v. Metalclad Insulation Corp.
Court properly enters retroactive judgment awarding damages for future economic loss and pain and suffering where plaintiff dies after verdict was filed.
Civil Procedure Jun. 12, 2007
Canova v. Trustees of Imperial Irrigation District Employee Pension Plan
Summary judgment based on Claims Act improper where mandamus does not disguise claim for damages but may be used to compel performance.
Civil Procedure Jun. 12, 2007
Osumi v. Sutton
Trial court properly extends deadline for performance and enforces settlement agreement under Code of Civil Procedure Section 664.6.
Civil Procedure Jun. 12, 2007
Drybread v. Chipain Chiropractic Corp.
Limitation precluding attorney fees on contract claims does not apply to prevailing party in dismissed unlawful detainer action sounded in tort.
Civil Procedure Jun. 12, 2007
Canova v. Trustees of Imperial Irrigation District Employee Pension Plan
Summary judgment based on Claims Act improper where mandamus does not disguise claim for damages but may be used to compel performance.
Civil Procedure Jun. 11, 2007
Mileikowsky v. West Hills Hospital Medical Center
Hearing officer cannot terminate hospital's proceeding before final decision whether to continue staff privileges where physician fails to provide requested information.
Civil Procedure Jun. 11, 2007
Canova v. Trustees of Imperial Irrigation District Employee Pension Plan
Summary judgment based on Claims Act improper where mandamus does not disguise claim for damages but may be used to compel performance.
Civil Procedure Jun. 10, 2007
Mileikowsky v. West Hills Hospital Medical Center
Hearing officer cannot terminate hospital's proceeding before final decision whether to continue staff privileges where physician fails to provide requested information.
Civil Procedure Jun. 10, 2007
Taylor v. Westly
Plaintiffs, who lost securities to escheat, are entitled to preliminary injunction based on probability of success and irreparable injury.
Civil Procedure Jun. 8, 2007
Zamani v. Carnes
Motion to strike plaintiffs' causes of action under California's anti-SLAPP statute properly denied where plaintiffs demonstrate probability of success on their claims.
Civil Procedure Jun. 8, 2007
Carnes v. Zamani
Federal Rule of Civil Procedure 69(a) applies in diversity action to render post-judgment request for attorney fees untimely under California law.
Civil Procedure Jun. 8, 2007
Gupta v. Thai Airways International Ltd.
Court has jurisdiction to consider district court's decision that res judicata did not apply to case involving dispute between airline and passenger.
Civil Procedure Jun. 8, 2007
Taylor v. Westly
Plaintiffs, who lost securities to escheat, are entitled to preliminary injunction based on probability of success and irreparable injury.
Civil Procedure Jun. 8, 2007
Carnes v. Zamani
Federal Rule of Civil Procedure 69(a) applies in diversity action to render post-judgment request for attorney fees untimely under California law.
Civil Procedure Jun. 8, 2007
Zamani v. Carnes
Motion to strike plaintiffs' causes of action under California's anti-SLAPP statute properly denied where plaintiffs demonstrate probability of success on their claims.
Civil Procedure Jun. 8, 2007
Gupta v. Thai Airways International Ltd.
Court has jurisdiction to consider district court's decision that res judicata did not apply to case involving dispute between airline and passenger.
Civil Procedure Jun. 8, 2007
Wood v. Santa Monica Escrow Co.
Unilateral fee shifting statute prevents successful defendants in claim of financial abuse of elder from recovering attorney fees.
Civil Procedure Jun. 8, 2007
People v. International Fidelity Insurance Co.
Trial court does not lack jurisdiction to declare forfeiture of bail bond provided by surety.
Civil Procedure Jun. 7, 2007
Drybread v. Chipain Chiropractic Corp.
Limitation precluding attorney fees on contract claims does not apply to prevailing party in dismissed unlawful detainer action sounded in tort.
Civil Procedure Jun. 7, 2007
Wood v. Santa Monica Escrow Co.
Unilateral fee shifting statute prevents successful defendants in claim of financial abuse of elder from recovering attorney fees.
Civil Procedure Jun. 7, 2007
People v. International Fidelity Insurance Co.
Trial court does not lack jurisdiction to declare forfeiture of bail bond provided by surety.
Civil Procedure Jun. 6, 2007
Drybread v. Chipain Chiropractic Corp.
Limitation precluding attorney fees on contract claims does not apply to prevailing party in dismissed unlawful detainer action sounded in tort.
Civil Procedure Jun. 6, 2007
Blue Cross and Blue Shield v. Unity Outpatient Surgery Center Inc.
District court fails to provide reasoning in granting stay to defendants allegedly involved in fraudulent billing of medical insurance for unnecessary medical services.
Civil Procedure Jun. 5, 2007