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Steven M. Garber & Associates v. Eskandarian
Default judgments substantively and procedurally bar appellants' efforts to argue merits of their case on appeal.
Civil Procedure May 11, 2007
California State Parks Foundation v. Superior Court (Foothill/Eastern Transportation Corridor Agency)
Environmental groups are permitted to file claim against developer of multi-county road in venue where alleged harm will occur.
Civil Procedure May 10, 2007
Sea Foods Co. Limited v. O.M. Foods Co.
Order compelling seafood importer to turn in shrimp sale proceeds does not stand where decision not to pay was in good faith.
Civil Procedure May 10, 2007
Baxter v. Peterson
Court's reversal and remand on issue of fraud liability does not require retrial of statute of limitations defense.
Civil Procedure May 9, 2007
Miller v. Filter
Temporarily deputized Sierra County prosecutors immune from civil liability for malicious prosecution, and should have been granted anti-SLAPP motion.
Civil Procedure May 8, 2007
El Dorado Meat Co. v. Yosemite Meat and Locker Service Inc.
Court did not abuse its discretion in award of costs to compile and prepare financial records exhibit in business torts suit.
Civil Procedure May 7, 2007
Fiorentino v. City of Fresno
Taxpayers association's challenge under California Environmental Quality Act fails due to failure to timely request hearing.
Civil Procedure May 7, 2007
Eight Unnamed Physicians v. Medical Executive Committee of the Medical Staff of Washington Township Hospital
Physicians involved in medical disciplinary proceeding with hospital are required to have separate hearings due to failure to exhaust administrative remedies.
Civil Procedure May 3, 2007
Fergus v. Songer
Award of attorney fees reinstated where jury's verdict is deemed not 'against law.'
Civil Procedure May 3, 2007
Ventress v. Japan Airlines
U.S.-Japan treaty does not pre-empt California whistle-blower protection laws in dispute between airline and employees.
Civil Procedure Apr. 27, 2007
Center for Biological Diversity v. Lohn
Case is moot on appeal where injunctive relief sought has already occurred and declaratory relief sought can provide no meaningful relief.
Civil Procedure Apr. 27, 2007
Hayden v. Robertson Stephens Inc.
Arbitration award need not be vacated for failure to disclose where arbitrator was not required to reveal employment relationship with bank.
Civil Procedure Apr. 27, 2007
Forrest v. State of California Dept. of Corporations
Court may dismiss vexatious litigant's meritorious claim during pendency of litigation if she is subject to pre-filing order and unrepresented.
Civil Procedure Apr. 25, 2007
Fladeboe v. American Isuzu Motors Inc.
Under doctrine of implied findings, reviewing court must infer that trial court impliedly made every factual finding necessary to support its decision.
Civil Procedure Apr. 25, 2007
Seastrom v. Neways Inc.
Court denies class certification where representatives are not typical and would not adequately represent class due to conflicts of interest.
Civil Procedure Apr. 24, 2007
Fladeboe v. American Isuzu Motors Inc.
Under doctrine of implied findings, reviewing court must infer that trial court impliedly made every factual finding necessary to support its decision.
Civil Procedure Apr. 24, 2007
Morrow v. Los Angeles Unified School District
Published statements criticizing principal's handling of student brawls is protected speech under anti-SLAPP statute.
Civil Procedure Apr. 23, 2007
In re The Exxon Valdez
If state law claim is not pre-empted, state law applies to plaintiff's claim for prejudgment interest.
Civil Procedure Apr. 18, 2007
The Board of Trustees of the Leland Stanford Junior University v. Superior Court (Umana)
Where plaintiff's name in complaint was signed by hand of another, amendment is allowed to cure signature defect.
Civil Procedure Apr. 18, 2007
Van Horn v. Watson
Summary judgment is not appropriate where disputed facts exist as to friend's negligence and whether emergency 'rescue' increased passenger's risk of harm.
Civil Procedure Apr. 17, 2007
Fireside Bank v. Superior Court (Gonzalez)
Court may grant motion for judgment on pleadings brought by cross-complainant before giving notice to members of incipient class.
Civil Procedure Apr. 16, 2007
Fireside Bank v. Superior Court (Gonzalez)
Courts generally must determine whether class certification is proper before issuing ruling on substantive merits of claim.
Civil Procedure Apr. 16, 2007
Irvine v. Regents of the University of California
Organ recipient's allegations that no enforceable settlement had been reached with transplant program constitutes good cause under California Rules of Court.
Civil Procedure Apr. 16, 2007
Stilwell v. Smith & Nephew Inc.
Despite expert testimony of manufacturing defect, makers of medical device are granted summary judgment where patient cannot prove failed screw's intended duration.
Civil Procedure Apr. 13, 2007
Mansour v. Degas
Court properly refuses to set aside dismissal order where counsel moves to vacate more than 10 months after receiving notice.
Civil Procedure Apr. 12, 2007
Savaglio v. Wal-Mart Stores Inc.
Local paper that successfully unseals records filed by retailer in writ proceedings is denied attorney fees.
Civil Procedure Apr. 12, 2007
Demps v. San Francisco Housing Authority
Individual objections on which trial court fails to rule are deemed waived and become part of record for appellate review.
Civil Procedure Apr. 10, 2007
Belaire-West Landscape Inc. v. Superior Court (Rodriguez)
Opt-out notice adequately protects privacy rights of employees compelled to provide names and contact information for precertification discovery.
Civil Procedure Apr. 9, 2007
Connecticut General Life Insurance Co. v. New Images of Beverly Hills
Where doctor evaded discovery obligations for years, sanction that terminated case and imposed default judgment is proper.
Civil Procedure Apr. 5, 2007
State of California ex rel. Metz v. CCC Information Services Inc.
Qui tam action filed by insurance claimant is barred by three-year statute of limitations where claimant had inquiry notice of alleged fraudulent conduct.
Civil Procedure Apr. 5, 2007