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Burkle v. Burkle
Based on inspection rights of Corporations Code Section 17453 provided to members of foreign companies, plaintiff is entitled to discovery of financial records. 		Civil Procedure Oct. 25, 2006
Klussman v. Cross Country Bank
In credit cardholder agreement, waiver of right to bring class-wide arbitration was unenforceable under California law. 		Civil Procedure Oct. 24, 2006
Brother Records Inc. v. Jardine
There is no abuse of discretion where federal district court followed state court's ruling in regard to res judicata. 		Civil Procedure Oct. 24, 2006
Kreeger v. Wanland
Denial of special motion to strike is proper where plaintiffs had right to pursue malicious prosecution claim. 		Civil Procedure Oct. 23, 2006
Soukup v. Law Offices of Herbert Hafif
In case involving malicious prosecution action under SLAPPback statute, plaintiff has shown probability of prevailing on her claim. 		Civil Procedure Oct. 23, 2006
Flatley v. Mauro
Party whose petitioning activity was illegal and unprotected by guarantee of free speech could not use anti-SLAPP statute to strike complaint. 		Civil Procedure Oct. 23, 2006
S.B. Beach Properties v. Berti
Defendants who did not file anti-SLAPP motion before plaintiffs' voluntary dismissal may not recover attorney fees and costs under anti-SLAPP statute. 		Civil Procedure Oct. 23, 2006
Witte v. Kaufman
Anti-SLAPP statute does not award attorney fees to attorney representing himself, however cost of retaining outside counsel to assist may be compensated. 		Civil Procedure Oct. 23, 2006
Dunbar v. Albertson's Inc.
In case against grocery store chain, denial of class certification is proper where it is necessary to evaluate liability on individual basis. 		Civil Procedure Oct. 22, 2006
Mendoza v. Brodeur
Unlicensed roofer, not entitled to workers' compensation, may still pursue tort claim because employer did not provide workers' compensation insurance. 		Civil Procedure Oct. 22, 2006
Ray v. Goodman
In personal injury case, post-judgment order is not proper where court awarded pre-judgment interest from date of second settlement offer. 		Civil Procedure Oct. 22, 2006
Fininen v. Barlow
Where mediator was involved in party's earlier case, judgment upholding arbitration award is proper. 		Civil Procedure Oct. 22, 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 Oct. 22, 2006
Moghaddam v. Bone
Where notice of motion to set aside default and default judgment were wrongly addressed, party lacked proper notice and order was void. 		Civil Procedure Oct. 22, 2006
Okoro v. City of Oakland
Where entry of judgment was not directed against unnamed defendants, action remained pending through time for filing appeal from final order. 		Civil Procedure Oct. 22, 2006
Service Employees International Union Local 1000 v. Dept. of Personnel Administration
If collective bargaining agreement provides process for dispute settlement, party alleging constitutional violation must first exhaust this process before filing lawsuit. 		Civil Procedure Oct. 22, 2006
Kibler v. Northern Inyo County Local Hospital District
SLAPP procedure is available in suit brought by physician and arising out of disciplinary recommendation by hospital's peer review committee. 		Civil Procedure Oct. 20, 2006
Californians for Disability Rights v. Mervyn's
Amended standing provisions of Proposition 64 apply to pending cases. 		Civil Procedure Oct. 20, 2006
Branick v. Downey Savings and Loan Association
Amended standing provisions of Proposition 64, applying to pending cases, do not expressly or implicitly forbid amendment of complaints to substitute new plaintiffs. 		Civil Procedure Oct. 20, 2006
Johnson v. Columbia Properties Anchorage LP
For diversity purposes, limited liability company was citizen of every state of which its owners/members were citizens. 		Civil Procedure Oct. 19, 2006
P.N. v. Seattle School District No. 1
Where claimant is not prevailing party because settlement agreement for underlying IDEA claim lacked judicial imprimatur, he cannot recover attorney fees. 		Civil Procedure Oct. 19, 2006
Vasquez v. State of California
Plaintiff in taxpayer waste case was successful party where she obtained stipulated injunction requiring state to comply with Proposition 139. 		Civil Procedure Oct. 18, 2006
McVeigh v. Does 1 through 3
In childhood sexual abuse case, attorney's certificate justifying late-filed certificates of merit need not be filed with complaint. 		Civil Procedure Oct. 18, 2006
United States v. Catholic Healthcare West
Prohibiting qui tam relators from basing allegations on any information obtained in FOIA response would frustrate fraud-detection purpose of False Claims Act. 		Civil Procedure Oct. 18, 2006
Thornburg v. Superior Court (Bactes Imaging Solutions Inc.)
Company that contracts with hospital to respond to patient requests for medical records is bound by Evidence Code Section 1158 cost restrictions. 		Civil Procedure Oct. 18, 2006
People v. Wesson
Defendant's conviction of sodomy by force is upheld where evidence of prior sex offenses was properly admitted pursuant to Evidence Code. 		Civil Procedure Oct. 18, 2006
Premier Medical Management Systems Inc. v. California Insurance Guarantee Association
Trial court erred in denying insurers' anti-SLAPP motion where gravamen of complaint pertained to contesting payment of claims before administrative board. 		Civil Procedure Oct. 18, 2006
Freeman v. DirecTV Inc.
District court properly concluded sections of Electronic Communications Privacy Act do not provide for secondary liability claims of conspiracy and aiding and abetting. 		Civil Procedure Oct. 18, 2006
Stevenson Real Estate Services Inc. v. CB Richard Ellis Real Estate Services Inc.
Party's first amended complaint failed to plead wrongful conduct in support of interference with prospective economic advantage cause of action. 		Civil Procedure Oct. 17, 2006
Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi
Prevailing party to anti-SLAPP motion can recover costs for appeal and challenge to plaintiff's attempt to stay enforcement of judgment pending appeal. 		Civil Procedure Oct. 17, 2006
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