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U.S. v. Lee
Conviction for mistreatment of garment factory workers stands where court had jurisdiction and venue was proper.
Civil Procedure Jan. 12, 2007
Huseman v. Icicle Seafoods Inc.
Court's failure to make specific findings of prejudice to support laches bar made its determination that employee's claim was time-barred erroneous.
Civil Procedure Jan. 12, 2007
Slayton v. Superior Court (Slayton)
Where personnel records of sheriff's deputy could contain evidence of brutality that may substantiate wife's domestic violence claims, in camera review was warranted.
Civil Procedure Jan. 11, 2007
Pfizer Inc. v. Superior Court (Galfano)
In false advertising case, class certification is not proper where class members must have suffered injury in fact.
Civil Procedure Jan. 11, 2007
Aguon-Schulte v. Guam Election Commission
Appellate review of district court's denial of motion to disqualify counsel and order of removal are statutorily prohibited in certain circumstances.
Civil Procedure Jan. 10, 2007
People v. Superior Court (Maury)
Defendant need not demonstrate that requested materials actually exist and are in prosecution's possession as prerequisite to obtaining order for discovery.
Civil Procedure Jan. 10, 2007
Jacob B. v. County of Shasta
Privacy claim must yield to privilege where letter stating plaintiff molested child was submitted to court.
Civil Procedure Jan. 10, 2007
Cable Connection Inc. v. DIRECTV Inc.
Parties subject to binding arbitration agreement may not contractually expand court's jurisdiction to review arbitration award for legal error.
Civil Procedure Jan. 10, 2007
Simmons v. Ghaderi
In medical malpractice action, provisions governing mediation confidentiality did not prevent plaintiff from introducing evidence of oral settlement agreement.
Civil Procedure Jan. 10, 2007
Kolar v. Donahue, McIntosh & Hammerton
Client's legal malpractice action against attorney did not arise from activity protected under anti-SLAPP statute.
Civil Procedure Jan. 9, 2007
Gottlieb v. Kest
Summary judgment based on doctrine of judicial estoppel was not proper where bankruptcy court had not accepted prior position as true.
Civil Procedure Jan. 9, 2007
Guseinov v. Burns
Arbitrator has no duty to disclose his prior service as pro bono mediator where there is no basis for disqualification.
Civil Procedure Jan. 8, 2007
Kelly v. Haag
Without evidence of defendant's actual financial condition at time of trial, any award of punitive damages is unsupported by substantial evidence and excessive.
Civil Procedure Jan. 8, 2007
Sheppard v. Lightpost Museum Fund
Arbitration claims filed only in arbitral forums are not subject to special motion to strike under Code of Civil Procedure Section 425.16.
Civil Procedure Jan. 8, 2007
Baker v. Exxon Mobile Corp.
Where ratio of punitive damages to economic harm was disproportionate, award imposed on oil company was reduced to $2.5 billion to reflect mitigating factors.
Civil Procedure Jan. 8, 2007
Wagner Farms Inc. v. Modesto Irrigation District
Party to litigation could not be charged with costs reflecting time spent preparing documents created after disputed project's approval.
Civil Procedure Jan. 8, 2007
Sunset Millennium Associates v. LHO Grafton Hotel
Renewed special motion to strike was properly granted pursuant to Code of Civil Procedure Section 425.17(c) which contains exceptions to screening mechanism.
Civil Procedure Jan. 8, 2007
Cruz v. Fagor America Inc.
Plaintiff met requirements for effective service of process on foreign corporation and trial court abused its discretion in granting defendant equitable relief.
Civil Procedure Jan. 8, 2007
Jogani v. Jogani
Summary judgment based on judicial estoppel is not proper where courts in prior judgment debtor proceedings did not accept testimony as true.
Civil Procedure Jan. 8, 2007
Carpenter v. Superior Court (Yamaha Motor Corp.)
Court order must list standardized psychological exams party must undergo, and party is entitled to copy of exam absent evidence of copyright protection.
Civil Procedure Jan. 8, 2007
Dutra v. Eagleson
Plaintiff's childhood sexual abuse claim was subject to discovery rule of Code of Civil Procedure Section 340.1 and not its 2003 revival period.
Civil Procedure Jan. 2, 2007
Wakefield v. Bohlin
Plaintiff qualifying as prevailing party under Code of Civil Procedure Section 1032 was entitled to award of costs as matter of right.
Civil Procedure Dec. 20, 2006
Matera v. McLeod
Where trial court vacated ruling upon reconsideration and effectively reinstated judgment, time to appeal judgment began to run when judgment was reinstated.
Civil Procedure Dec. 20, 2006
Levine v. Smith
Court properly set aside default judgment as void because it was greater than amount demanded in first amended complaint.
Civil Procedure Dec. 20, 2006
Britts v. Superior Court (Berg & Berg Enterprises)
All discovery motions, including those pending when special motion to strike is filed, are 'discovery proceedings' for purposes of anti-SLAPP statute.
Civil Procedure Dec. 20, 2006
Sony Electronics Inc. v. Superior Court (Hapner)
Class membership based on ultimate issue of liability is not ascertainable because class definition must be based on objective criteria.
Civil Procedure Dec. 20, 2006
Boonyarit v. Payless Shoesource Inc.
Defendant who is voluntarily dismissed from complaint must secure entry of order or judgment of dismissal to be prevailing party and recover costs.
Civil Procedure Dec. 20, 2006
Goold v. Superior Court (Goold)
Upon first finding of contempt, court must sentence contemner to community service or imprisonment, and may award complainant attorney fees as well.
Civil Procedure Dec. 20, 2006
Tu v. National Transportation Safety Board
FAA denied pilot due process when it failed to provide him with notice reasonably calculated to inform him of suspension.
Civil Procedure Dec. 15, 2006
Delfino v. Agilent Technologies Inc.
Employer that provides its employees with Internet access is immune from liability under Communications Decency Act for messages sent by employee.
Civil Procedure Dec. 15, 2006