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Name Category Published
Fair v. Bakhtiari
Arbitration clause in memorandum recording settlement terms fails to satisfy 'enforceable' or 'binding' standard of Evidence Code Section 1123(b). 		Civil Procedure Dec. 15, 2006
S.J. v. Issaquah School District No. 411
Federal court borrowing state's time period for filing suit brought under federal law should not also borrow state's time limits for serving complaint. 		Civil Procedure Dec. 15, 2006
Ross v. Kish
Special motion to strike is properly denied where attorney shows probability of prevailing on malicious prosecution claim against former client. 		Civil Procedure Dec. 13, 2006
Fair v. Bakhtiari
Agreement that all disputes are subject to arbitration is admissible to show that parties intended to be bound by it. 		Civil Procedure Dec. 11, 2006
Noya v. A.W. Coulter Trucking
Insurer may not challenge insured's settlement agreement after it failed to tender defense for insured to avoid liability for settlement amount. 		Civil Procedure Dec. 8, 2006
Nagrampa v. MailCoups Inc.
In dispute regarding arbitration provision in franchise agreement, district court failed to properly apply California law regarding unconscionability. 		Civil Procedure Dec. 7, 2006
Williams v. Costco Wholesale Corp.
If amended complaint changes grounds for federal jurisdiction, but jurisdiction exists, party who properly removed case need not file second removal notice. 		Civil Procedure Dec. 7, 2006
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 Dec. 7, 2006
Barratt American Inc. v. City of Encinitas
Court erroneously applied 120-day limitations period to claim that city improperly increased building permit fees without proper approval. 		Civil Procedure Dec. 7, 2006
AmerUS Life Insurance Co. v. Bank of America
In case regarding issuance of fraudulent insurance policies, three-year statute of limitations bars insurer's conversion claim against bank. 		Civil Procedure Dec. 7, 2006
O'Donnell v. Vencor Inc.
Statute of limitations for claims brought under Equal Pay Act may be subject to equitable tolling. 		Civil Procedure Dec. 7, 2006
County of Colusa v. California Wildlife Conservation Board
Where county was successful party with respect to procedural claim against state agencies, it was entitled to award of attorney fees. 		Civil Procedure Dec. 6, 2006
Vedanta Society of Southern California v. California Quartet Ltd.
Environmental group is not entitled to attorney fees for successfully halting housing development project. 		Civil Procedure Dec. 6, 2006
Zavala v. Scott Brothers Dairy Inc.
Denial of petition to compel arbitration is proper where plaintiffs' claims do not arise under collective bargaining agreement. 		Civil Procedure Dec. 6, 2006
Huynh v. Chase Manhattan Bank
Applying appropriate choice-of-law rules, claims of Vietnamese bank depositors seeking to recover lost funds made in foreign banks were time-barred. 		Civil Procedure Dec. 6, 2006
Merrill Lynch, Pierce, Fenner and Smith v. ENC Corp.
In interpleader action, Republic of the Philippines is not indispensable party under Federal Rule of Civil Procedure 19(b). 		Civil Procedure Dec. 5, 2006
Leon v. IDX Systems Corp.
Dismissal with prejudice of plaintiff's claims was proper after district court determined plaintiff despoiled evidence by deleting files from employer-issued computer. 		Civil Procedure Dec. 5, 2006
Curl v. Superior Court (People)
Offender seeking post-conviction discovery did not carry burden to show prosecution failed to present discovery materials it was obligated to produce. 		Civil Procedure Nov. 28, 2006
Summers v. McClanahan
Plaintiff improperly served defendant under Code of Civil Procedure Section 416.90 when plaintiff served summons and complaint on defendant's personal manager. 		Civil Procedure Nov. 28, 2006
Cooley v. Superior Court (Greenstein)
Motion to enforce deposition subpoena duces tecum against DA's office was improperly granted where DA's office is not custodian of records. 		Civil Procedure Nov. 28, 2006
The Newport Beach Country Club Inc. v. Founding Members of the Newport Beach Country Club
Where court decides case on two alternate grounds, judgment is binding under principle of res judicata only on ground addressed by appellate court 		Civil Procedure Nov. 28, 2006
Higgins v. Superior Court (Disney/ABC International Television)
Contract that petitioners signed to be on television show contained unconscionable arbitration provision and is thus unenforceable. 		Civil Procedure Nov. 28, 2006
Karlsson v. Ford Motor Co.
Evidence and issue preclusion sanctions imposed upon car manufacturer for discovery violations in product liability action were proper. 		Civil Procedure Nov. 28, 2006
Bob Parrett Construction Inc. v. Superior Court (Northrop Grumman Space and Mission Systems Corp.)
Petitioner is entitled to good faith settlement determination where settlement resulted in its release from civil liability. 		Civil Procedure Nov. 28, 2006
Integrated Healthcare Holdings Inc. v. Fitzgibbons
Defendant's special motion to strike should have been granted where e-mail message questioning financial condition of company concerned matter of public interest. 		Civil Procedure Nov. 27, 2006
Butler v. Vons Companies Inc.
Question of fact exists as to whether release signed in grievance action also applied to subsequent employment discrimination claim. 		Civil Procedure Nov. 27, 2006
S.B. Beach Properties v. Berti
Voluntary dismissal of alleged SLAPP suit does not deprive trial court of jurisdiction to decide issues of attorney fees and costs. 		Civil Procedure Nov. 16, 2006
Berglund v. Arthroscopic & Laser Surgery Center of San Diego
Where arbitrator has made discovery determination under Code of Civil Procedure, nonparty may seek judicial review of that order in court. 		Civil Procedure Nov. 16, 2006
First Federal Bank of California v. Superior Court (Prestige of Beverly Hills Inc.)
Where re-examination of issue previously in controversy was required, proceeding was considered retrial and party's peremptory challenge should have been allowed. 		Civil Procedure Nov. 16, 2006
Johnson v. Superior Court (Rosenthal)
In medical malpractice case, doctors' expert declaration was insufficient to establish that they acted within standard of care. 		Civil Procedure Nov. 16, 2006
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