Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-10478
|
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 | |
04-35655
|
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 | |
C053780
|
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 | |
B188106
|
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 | |
05-16067
|
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 | |
C051946
|
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 | |
C049794
|
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 | |
B188278
|
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 | |
B180735
|
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 | |
G036433
|
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 | |
B178729
|
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 | |
B188984
|
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 | |
D047231
|
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 | |
H029574
|
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 | |
04-35182
|
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 | |
F049966
|
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 | |
B188995
|
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 | |
D048064
|
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 | |
B181246
|
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 | |
A112761
|
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 | |
B183033
|
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 | |
H028310
|
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 | |
B186714
|
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 | |
B191815
|
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 | |
H030560
|
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 | |
D048468
|
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 | |
B188565
|
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 | |
D048431
|
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 | |
04-76454
|
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 | |
H028993
|
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 |