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Brassfield v. Moreland Schooll District
Presence of alternate juror during deliberations was not reversible per se error and because presumption of prejudice was overcome it was harmless error. 		Civil Procedure Oct. 17, 2006
Stavropoulos v. Superior Court (Stavropoulos)
Malicious prosecution action is subject to two-year statute of limitation under catch-all provision of Civil Code Section 335.1. 		Civil Procedure Oct. 17, 2006
Firestone v. Hoffman
Litigant's own foreign tax returns are not protected by privilege if they contain information relevant to proceeding. 		Civil Procedure Oct. 16, 2006
John B. v. Superior Court (Bridget B.)
Discovery is allowed to establish if party has constructive knowledge of HIV infection during 'window period' of possible infection. 		Civil Procedure Oct. 16, 2006
Harris v. Verizon Communications
Immunity conferred by Unclaimed Property Law is absolute, despite plaintiff's claim that escheatment was wrongful. 		Civil Procedure Oct. 16, 2006
Abouab v. City and County of San Francisco
For nonprevailing party to recover attorney fees, party must utilize 'catalyst theory,' which has prerequisite of filing prelitigation notice. 		Civil Procedure Oct. 16, 2006
Perryman v. Superior Court (People)
Offender's successful motion to quash jury venire was not 'mistrial' motion that triggered new period in which offender could be tried. 		Civil Procedure Oct. 16, 2006
Lively v. Wild Oats Markets Inc.
Forum defendant rule incorporated in 28 U.S.C. Section 1441(b) is procedural requirement where violation constitutes waivable nonjurisdictional defect. 		Civil Procedure Oct. 4, 2006
Chambers v. Miller
Party bringing special motion to strike under anti-SLAPP statute cannot recover attorney fees if underlying claim is dismissed prior to filing of motion. 		Civil Procedure Oct. 4, 2006
O'Grady v. Superior Court (Apple Computer Inc.)
Subpoena to email service provider cannot be enforced consistent with plain terms of federal Stored Communications Act. 		Civil Procedure Sep. 27, 2006
Kids Against Pollution v. California Dental Assn.
Lawsuit challenging endorsement of mercury teeth fillings should have been struck under anti-SLAPP law. 		Civil Procedure Sep. 26, 2006
Harron v. Bonilla
Trial court properly denied special motions to strike defamation action against defendants under anti-SLAPP statute. 		Civil Procedure Sep. 25, 2006
O'Meara v. Palomar-Pomerado Health System
Doctor's lawsuit challenging hospital's peer review committee was not subject to strike under anti-SLAPP law. 		Civil Procedure Sep. 25, 2006
U.S. v. Rosenthal
In case involving conviction for violations of Controlled Substances Act, new trial is proper where conversation between juror and attorney involved extraneous information. 		Civil Procedure Sep. 22, 2006
Mayes v. Bryan
In wrongful death action, defendants invited any instructional error where jury determined that doctor's negligence was cause of death. 		Civil Procedure Sep. 12, 2006
O'Grady v. Superior Court (Apple Computer Inc.)
Subpoena to email service provider cannot be enforced consistent with plain terms of federal Stored Communications Act. 		Civil Procedure Sep. 12, 2006
Lindsay v. Lewandowski
Settlement agreement between parties lacking agreement to resolve payment term dispute was unenforceable. 		Civil Procedure Sep. 11, 2006
Haberbush v. Charles and Dorothy Cummins Family Limited Partnership
In case involving voluntary general assignment for benefit of creditors, federal Bankruptcy Code does not pre-empt Code of Civil Procedure Section 1800. 		Civil Procedure Sep. 11, 2006
Tortorella v. Castro
Summary judgment is improper when opposing papers raise triable issues regarding whether physician deviated from standard of care by performing unnecessary surgery. 		Civil Procedure Sep. 11, 2006
Lindelli v. Town of San Anselmo (Marin Sanitary Service)
Where case resulted in enforcement of rights affecting public interest, attorneys acting on own behalf could intervene and seek attorney fees. 		Civil Procedure Sep. 8, 2006
Volkswagen of America Inc. v. Superior Court (Rusk)
Documents submitted to bankruptcy trusts by plaintiff's attorney in support of compensation claims may be discoverable in similar litigation against other entity. 		Civil Procedure Sep. 8, 2006
Karlsen v. Superior Court (Cannonball Acquisitions)
Trial court exceeded its jurisdiction when it granted motion for peremptory challenge to original trial judge after case was remanded on appeal. 		Civil Procedure Sep. 8, 2006
Donner Management Co. v. Schaffer
Award of attorney fees in shareholder derivative lawsuit was proper where party was 'prevailing party' under Corporations Code. 		Civil Procedure Sep. 7, 2006
Paulus v. Bob Lynch Ford Inc.
Trial court properly granted defendant's special motion to strike malicious prosecution claim under anti-SLAPP statute. 		Civil Procedure Sep. 7, 2006
Moran v. California Dept. of Motor Vehicles
Writ relief cannot be granted where DMV has no duty to renew vehicle registration without salvage certificate. 		Civil Procedure Sep. 7, 2006
Drum v. Superior Court of Riverside County
Party claiming judge who imposed multiple sanctions against him was biased presented untimely appeal. 		Civil Procedure Sep. 7, 2006
Tien v. Superior Court (Tenet Healthcare Corp.)
Compelled disclosure of names and contact information of putative class members violates privacy rights of members who contacted plaintiffs' counsel. 		Civil Procedure Sep. 6, 2006
Sosa v. DIRECTV Inc.
Prelitigation communications demanding settlement of legal claims are afforded protection of 'Noerr-Pennington' doctrine. 		Civil Procedure Sep. 6, 2006
Smock v. State of California
Collateral source rule applies to exclude from evidence gratuitous payments made to injured victim by his employer law firm. 		Civil Procedure Aug. 30, 2006
Fairfax v. Lords
Physician's belated designation of retained experts violated Code of Civil Procedure Section 2034 and prejudiced injured party in malpractice suit. 		Civil Procedure Aug. 30, 2006
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