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Sinochem International Co. v. Malaysia International Shipping Co.
In dismissing action for forum non conveniens, court may presume, rather than dispositively decide, that it had proper jurisdiction over claim.
Civil Procedure Mar. 9, 2007
Progressive West Insurance Co. v. Preciado
In case where plaintiff alleges unfair business practices against insurance company, Class Action Fairness Act does not grant federal court removal jurisdiction.
Civil Procedure Mar. 9, 2007
Hernandez v. City of Pomona
Res judicata did not bar decedent's family from initiating state negligence action after federal excessive force action had been decided.
Civil Procedure Mar. 8, 2007
McMullen v. Haycock
Mere transfer of fully exempt private retirement plan assets to IRA did not eliminate their full exemption from execution for purposes of satisfying judgment.
Civil Procedure Mar. 7, 2007
Bonander v. Town of Tiburon
Case involving validation statutes is properly dismissed where plaintiffs failed to comply with publication of notice requirements.
Civil Procedure Mar. 7, 2007
Holcombe v. Hosmer
Constitutional claim is claim precluded if it could have been raised at earlier proceedings regarding employment claim arising from same set of facts.
Civil Procedure Mar. 7, 2007
Taus v. Loftus
Appellate court properly found evidence presented by plaintiff is sufficient to establish prima facie case under intrusion-into-private-matters tort.
Civil Procedure Mar. 7, 2007
Dyer v. Childress
Anti-SLAPP statute does not protect 'Reality Bites' producers where defamation claim based on unflattering portrayal of slacker is not issue of public interest.
Civil Procedure Mar. 7, 2007
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Employee was required to set aside employer's decision in writ of mandate proceeding as prerequisite to filing civil tort action.
Civil Procedure Mar. 7, 2007
People v. Vogel
Defendant whose appeal presents new charges and evidence is still barred from relitigating probable cause issue stemming from same arrest.
Civil Procedure Mar. 7, 2007
Moran v. Murtaugh Miller Meyer & Nelson
In assessing whether vexatious litigant has reasonable probability of success on his claim, trial court may weigh evidence presented on motion.
Civil Procedure Mar. 7, 2007
Poizner v. Fremont General Corp.
Trial court erred by taking judicial notice of enforceability and proper interpretation of letter agreement and deciding questions in ruling on demurrer.
Civil Procedure Mar. 1, 2007
Christian Research Institute v. Alnor
For defamation claim to survive anti-SLAPP motion, public figures must demonstrate falsity by preponderance of evidence, and malice by clear and convincing evidence.
Civil Procedure Mar. 1, 2007
Franklin Capital Corp. v. Wilson
Plaintiff had right to voluntarily dismiss case without prejudice day before OSC hearing.
Civil Procedure Mar. 1, 2007
Moran v. Murtaugh, Miller, Meyer & Nelson LLP
Trial court may weigh evidence to decide whether to require security of vexatious litigant.
Civil Procedure Feb. 28, 2007
Thorson v. Palmer
Offender's federal habeas corpus petition fell outside limitations period where state habeas petition was deemed untimely and tolling provision did not apply.
Civil Procedure Feb. 22, 2007
National Association of Agriculture Employees v. Federal Labor Relations Authority
Court lacks jurisdiction where Federal Labor Relations Authority's professional status finding was component of appropriate collective bargaining unit determination.
Civil Procedure Feb. 16, 2007
Glatman v. Valverde
Lapse of one week between DUI arrest and certification of defendant's blood test results is too long to satisfy public record hearsay exception.
Civil Procedure Feb. 16, 2007
Kurwa v. Harrington, Foxx, Dubrow & Canter LLP
Letter sent by physician's attorney to HMO seeking to terminate capitation agreement was not protected speech under anti-SLAPP law.
Civil Procedure Feb. 16, 2007
Adams v. State of California Dept. of Health Services
In case involving withdrawal of conditional offer of employment, court properly dismisses duplicative complaint filed by plaintiff.
Civil Procedure Feb. 16, 2007
Kemp Bros. Construction Inc. v. Titan Electric Corp.
Right to attach order is improperly granted where defendant is not precluded from litigating alleged breach of contract issue.
Civil Procedure Feb. 16, 2007
Gilbert v. Sykes
Where plastic surgeon was limited purpose public figure, statements alleging his procedures resulted in disfigurement were entitled to constitutional protection.
Civil Procedure Feb. 16, 2007
First American Title Insurance Co. v. Superior Court (Sjobring)
Plaintiff purporting to bring action on behalf of class he was never member of may not obtain precertification discovery to find new class representative.
Civil Procedure Feb. 16, 2007
Temple City Redevelopment Agency v. Bayside Drive Limited Partnership
Defendant may recover litigation expenses where condemnation action was dismissed, even though it sold property in question.
Civil Procedure Feb. 16, 2007
Stephanie-Cardona v. Smith's Food and Drug Centers Inc.
In breach of contract case, plaintiff's notice of appeal is untimely where it did not satisfy 30-day filing requirement.
Civil Procedure Feb. 9, 2007
Shisler v. Sanfer Sports Cars Inc.
Court lacks personal jurisdiction where car business incorporated in Florida did not have minimum contacts with California.
Civil Procedure Feb. 7, 2007
Hightower v. Roman Catholic Bishop of Sacramento
Plaintiff's lawsuit against Roman Catholic Bishop alleging childhood sexual abuse by priest is time-barred.
Civil Procedure Feb. 6, 2007
Robinzine v. Vicory
Denial of special motion to strike is not proper where plaintiff cannot establish prima facie case for malicious prosecution claim.
Civil Procedure Feb. 6, 2007
Weber v. John Crane Inc.
Evidence that mesothelioma patient does not recall manufacturer's name, without more, is insufficient to establish that manufacturer did not cause his injuries.
Civil Procedure Feb. 6, 2007
Carehouse Convalescent Hospital v. Superior Court (Sims)
Party failed to make requisite showing of 'extremely' good cause to overcome presumption against taking deposition of defense counsel.
Civil Procedure Feb. 6, 2007