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Cano v. Glover
Party was not entitled to dismissal of case without prejudice when he filed fourth amended complaint and did not name defendant.
Civil Procedure Nov. 16, 2006
In re Tobacco Cases II
Lawsuit against tobacco companies for advertisements targeted to minors is preempted by federal law.
Civil Procedure Nov. 15, 2006
Lockheed Litigation Cases
Trial court may exclude expert testimony when it finds no basis for opinion in materials on which expert relied.
Civil Procedure Nov. 15, 2006
Kearney v. Salomon Smith Barney, Inc.
For recording business calls between Georgia and California, California's privacy law controls, but Georgia law applies to any past recording activity.
Civil Procedure Nov. 10, 2006
Chemical Producers and Distributors Association v. Helliker
Intervening amendments to state's pesticide registration laws rendered party's appeal moot.
Civil Procedure Nov. 8, 2006
Tobacco II Cases
UCL claim that requires numerous individual determinations for each plaintiff's exposure to alleged misrepresentations by tobacco companies is unsuitable for class action.
Civil Procedure Nov. 8, 2006
U.S. v. Jawara
'Same or similar character' basis for joinder cannot join immigration crimes that are unrelated in purpose, timing, location, modus operandi and evidence.
Civil Procedure Nov. 8, 2006
Simmons v. Ghaderi
In medical malpractice action, provisions governing mediation confidentiality did not prevent plaintiff from introducing evidence of oral settlement agreement.
Civil Procedure Nov. 7, 2006
Armenta ex. rel. City of Burbank v. Mueller Co.
Court abused its discretion when it conditioned party's ability to file second amended complaint on compliance with detailed discovery demand.
Civil Procedure Nov. 7, 2006
Vandermoon v. Sanwong
Judgment entered after uncontested trial in defendant's absence is neither default, default judgment nor dismissal, subject to CCP Section 473(b) relief.
Civil Procedure Nov. 6, 2006
Allstate Insurance Co. v. Superior Court (Jessel)
Arbitration award must be corrected to conform to parties' agreement, however because agreement provided award was final, award may not be vacated.
Civil Procedure Nov. 6, 2006
DaimlerChrysler Motors Co. v. Lew Williams Inc.
Special motion to strike is properly denied where car manufacturer showed probability of prevailing on its claim against dealer.
Civil Procedure Nov. 6, 2006
Armenta ex. rel. City of Burbank v. Mueller Co.
Court abused its discretion when it conditioned party's ability to file second amended complaint on compliance with detailed discovery demand.
Civil Procedure Nov. 6, 2006
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 Nov. 6, 2006
In re Ringgold
Written direct contempt order based on violation of prior order must describe what earlier order demanded and contemptuous conduct.
Civil Procedure Nov. 6, 2006
People v. $17,522.08 United States Currency
Where claimant failed to assert her right to jury trial, judgment of forfeiture of property is proper.
Civil Procedure Nov. 6, 2006
Sander/Moses Productions Inc. v. NBC Studios Inc.
Burden of proof is not shifted if information available to claimant is adequate for it to calculate contingent compensation it is owed.
Civil Procedure Nov. 6, 2006
Nelson v. Indevus Pharmaceuticals Inc.
Plaintiff's complaint alleging injuries caused by 'Fen-phen' is not barred by statute of limitations.
Civil Procedure Nov. 5, 2006
Foundation for Taxpayer and Consumer Rights v. Nextel Communications Inc.
Court abused its discretion by denying leave to amend where organization sought to add plaintiff who allegedly suffered injury.
Civil Procedure Nov. 5, 2006
Thornburg v. El Centro Regional Medical Center
Evidence Code Section 1158 gives patients private right of action to enforce its provisions, including cost limitations on copying medical records.
Civil Procedure Nov. 5, 2006
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 Nov. 2, 2006
Seever v. Copley Press Inc.
Where employer prevailed in discrimination action against it, award for costs of preparing unused trial exhibits was not proper.
Civil Procedure Nov. 2, 2006
Reddam v. KPMG
District court erred when it remanded case after finding arbitration agreement became unenforceable because NASD arbitrator had declined jurisdiction.
Civil Procedure Nov. 1, 2006
AMERCO v. NLRB
In case involving NLRB, district court did not err in dismissing employer's request for injunctive relief based on lack of subject matter jurisdiction.
Civil Procedure Nov. 1, 2006
Hawks v. Hawks
Trial court's reliance on Code of Civil Procedure Section 583.410(a) for dismissal was improper.
Civil Procedure Nov. 1, 2006
Armenta ex. rel. City of Burbank v. Mueller Co.
Court abused its discretion when it conditioned party's ability to file second amended complaint on compliance with detailed discovery demand.
Civil Procedure Nov. 1, 2006
California Correctional Peace Officers Assoc. v. State
Existence of potentially dispositive statutory issue will not prevent enforcement of arbitration agreement, and arbitrator is authorized to interpret statute at arbitration.
Civil Procedure Nov. 1, 2006
Colony Hill v. Ghamaty
Appellate court lacks jurisdiction to review award of fees, unless order was separately appealed or entitlement to fees was included in judgment.
Civil Procedure Nov. 1, 2006
Peeble Beach Co. v. Caddy
Because defendant did not aim conduct at California or United States, district court properly determined that it lacked personal jurisdiction.
Civil Procedure Oct. 26, 2006
People ex rel. Lockyer v. Brar
Motion to set aside default was properly denied against attorney who filed shakedown lawsuits against small businesses.
Civil Procedure Oct. 25, 2006