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Branick v. Downey Savings and Loan Association
Plaintiffs who no longer meet standing requirements of Proposition 64 may be entitled to amend complaint to substitute plaintiff.
Civil Procedure Aug. 16, 2006
Californians for Disability Rights v. Mervyn's
Proposition 64 does not apply retroactively to pending actions.
Civil Procedure Aug. 16, 2006
Kearney v. Salomon Smith Barney Inc.
Telephone recordings made in Georgia without consent of all parties are not unlawful.
Civil Procedure Aug. 15, 2006
Durham v. Lockheed Martin Corp.
Clock for removal of case to federal court was reset when party discovered case was also removable on federal officer grounds.
Civil Procedure Aug. 9, 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 Aug. 9, 2006
E. & J. Gallo Winery v. Andina Licores S.A.
Where forum selection clause is valid and enforceable, distributor is barred from proceeding with litigation in Ecuador against California winery.
Civil Procedure Aug. 9, 2006
Gober v. Ralphs Grocery Store
Different evidence excluded during liability trial that is relevant to amount of punitive damages may be admissible.
Civil Procedure Aug. 8, 2006
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 Aug. 7, 2006
In re Natural Gas Anti-Trust
Nonrepresentative class member's conduct did not reach level necessary to support order declaring him to be vexatious litigant.
Civil Procedure Aug. 7, 2006
Doe v. City of Los Angeles
In sexual abuse case, defendants' demurrer is proper where facts did not support conclusion that officer's sexual misconduct should have been investigated.
Civil Procedure Aug. 7, 2006
Hecht, Solberg, Robinson, Goldberg & Bagley v. Superior Court (Panther)
Financial and insurance information from former law firm is discoverable in present action against second law firm that handled malpractice action.
Civil Procedure Aug. 7, 2006
Boyle v. CertainTeed Corp.
General order allowing expedited summary judgment in asbestos injury cases conflicts with Code of Civil Procedure.
Civil Procedure Aug. 7, 2006
DeLaura v. Beckett
Demurrer was properly sustained where procedure under rent ordinance was more appropriate than declaratory relief action.
Civil Procedure Aug. 7, 2006
Best Buy Stores LP v. Superior Court (Boling)
In class action, court did not abuse its discretion where it ordered retailer to provide third party with customer information.
Civil Procedure Aug. 7, 2006
Central Delta Water Agency v. Bureau of Reclamation
Summary judgment is proper where there is no genuine issue of material fact regarding Bureau of Reclamation's compliance with state standard.
Civil Procedure Aug. 4, 2006
State of California v. United States
In abortion services case, proposed intervenors must be made parties to litigation because they have protectable interest at stake in case.
Civil Procedure Aug. 4, 2006
Kamakana v. City and County of Honolulu
Under right of access, court records filed under seal as attachments to motions in civil action are subject to release to newspaper.
Civil Procedure Jul. 26, 2006
U.S. v. Menyweather
Court's downward departure of sentence on basis of offender's mental condition was not abuse of discretion.
Civil Procedure Jul. 10, 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 Jul. 10, 2006
Hoskins v. Hogstad
Court's denial of special motion to strike is proper where hearing date was not within 30 days of service of motion.
Civil Procedure Jul. 10, 2006
Rusheen v. Cohen
Litigation privilege extends to act of levying on judgment where gravamen of abuse of process claim was communicative act.
Civil Procedure Jul. 10, 2006
Lyons v. Chinese Hospital Association
Party to lawsuit who obtained no monetary damages was still entitled to attorney fees award.
Civil Procedure Jul. 10, 2006
StaffPro Inc. v. Elite Show Services Inc.
Plaintiff's malicious prosecution claim is properly stricken where it failed to show underlying action resulted in favorable termination.
Civil Procedure Jul. 10, 2006
Healy v. Tuscany Hills Landscape & Recreation Corp.
Motion to strike must be granted where alleged defamatory statements made by attorneys were absolutely privileged.
Civil Procedure Jul. 10, 2006
Garau v. Torrance Unified School District
Appellate review of reclassification order transferring matter to limited jurisdiction department is only available through writ of mandate.
Civil Procedure Jul. 10, 2006
Connerly v. State Personnel Board (California Business Council For Equal Opportunity)
Order requiring amici curiae to pay portion of private attorney general fees is improper notwithstanding group's active involvement in litigation.
Civil Procedure Jul. 10, 2006
Reyn's Pasta Bella LLC v. Visa USA Inc.
Issue preclusion barred class from relitigating prior court's determination that its price-fixing claims were properly released.
Civil Procedure Jun. 30, 2006
North Coast Women's Care Medical Group Inc. v. Superior Court (Benitez)
Evidence of doctors' religiously-based defense in opposition to motion for summary adjudication presents triable issue of fact.
Civil Procedure Jun. 23, 2006
Valley Outdoor Inc. v. City of Riverside
District court erred in ruling billboard company lacked standing to assert constitutional claims related to city's refusal to process late permit applications.
Civil Procedure Jun. 20, 2006
Merrill Lynch, Pierce, Fenner and Smith Inc. v. ENC Corp.
Under Federal Rule of Civil Procedure 19(b), indispensability must meet higher standard than necessity, requiring equity and good conscience.
Civil Procedure Jun. 20, 2006