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Gentry v. Superior Court (Circuit City Stores Inc.)
Employment arbitration agreement containing class action waiver is not procedurally nor substantively unconscionable.
Civil Procedure Jun. 19, 2006
Mattel Inc. v. Bryant
Intervention by nondiverse and not indispensable defendant did not destroy complete diversity in federal court matter.
Civil Procedure Jun. 19, 2006
Patel v. Del Taco Inc.
In case involving franchise agreement, arbitration petition was not removable and district court properly remanded it to state court.
Civil Procedure Jun. 19, 2006
Soukup v. Stock
Special motion to strike is available to attorney sued for representing party in another lawsuit.
Civil Procedure Jun. 18, 2006
S.B. Beach Porperties 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 Jun. 18, 2006
Shamsian v. Dept. of Conservation
Where there is no mandatory duty under recycling statue as plaintiff alleges, she may not bring private right of action challenging alleged inaction.
Civil Procedure Jun. 15, 2006
Tutor-Saliba Corp. v. Herrera
Motion to strike properly was granted where city attorney's public comments urging support for pending litigation were subject to official duty privilege.
Civil Procedure Jun. 15, 2006
Aaronoff v. Martinez-Senftner
One-year revival period for sexual abuse claims against third parties was not applicable when alleged abuse related to parental relationship.
Civil Procedure Jun. 15, 2006
Kohlrautz v. Oilmen Participation Corp.
Denial of court-appointed receiver's summary judgment motion is proper where he may assert official immunity as defense under Nevada law.
Civil Procedure Jun. 14, 2006
Vargas v. City of Salinas
City of Salinas prevails under anti-SLAPP statute because plaintiffs failed to show city's statements constitute impermissible campaign propaganda.
Civil Procedure Jun. 6, 2006
SJP Limited Partnership v. City of Los Angeles
Attorney affidavit of fault is competent if signed by attorney representing client in another action.
Civil Procedure May 29, 2006
People v. American Contractors Indemnity Co.
Appeal from order denying motion to set aside summary judgment on bail bond forfeiture did not automatically stay enforcement of judgment.
Civil Procedure May 24, 2006
Barefield v. Washington Mutual Bank
Opposing party who deposited notice of its motion with overnight delivery carrier satisfied statutory service requirement.
Civil Procedure May 24, 2006
Doe v. United States
Grand jury witness is in contempt and has failed to show government's questions were primary product of unlawful surveillance.
Civil Procedure May 2, 2006
In re Vickie Lynn Marshall
Probate exception to federal jurisdiction applies to tort claims against the post mortem disposition of trust property.
Civil Procedure May 1, 2006
Rodgers v. Sargent Controls & Aerospace
Party injured by asbestos exposure who was not represented in earlier litigation is not bound by doctrine of collateral estoppel.
Civil Procedure Apr. 23, 2006
Rodgers v. Sargent Controls & Aerospace
Party injured by asbestos exposure who was not represented in earlier litigation is not bound by doctrine of collateral estoppel.
Civil Procedure Apr. 23, 2006
Santos v. People of the Territory of Guam
Court is without jurisdiction to decide appeal because statute under which action had been properly filed was repealed.
Civil Procedure Apr. 11, 2006
Olaes v. Nationwide Mutual Insurance Co.
Court's denial of defendant employer's motion to strike case is proper where defendant's sexual harassment investigation did not constitute public interest.
Civil Procedure Apr. 10, 2006
City of Los Angeles v. Animal Defense League
Petitions filed by city for its employees are not enforcement actions exempt from special motion to strike under anti-SLAPP statute.
Civil Procedure Apr. 10, 2006
Dias v. Elique
Issue preclusion is inappropriate where hearing found substantial evidence supported termination decision while plaintiffs had to prove claims by preponderance of evidence.
Civil Procedure Apr. 10, 2006
In re Microsoft I-V Cases
Trial court did not abuse its discretion in approving cy pres provision in settlement agreement for unclaimed settlement funds.
Civil Procedure Apr. 7, 2006
Beal Bank, SSB v. Arter & Hadden LLP
Limitations period for legal malpractice action is tolled as to attorney and attorney's former firm while attorney continues to represent client.
Civil Procedure Apr. 7, 2006
Barak v. The Quisenberry Law Firm
Defendant who does not obtain hearing within 30 days after service of anti-SLAPP motion must show court's docket required later hearing.
Civil Procedure Apr. 7, 2006
Colgan v. Leatherman Tool Group Inc.
Summary adjudication of liability under False Advertising Law is proper where tools represented as made in United States had parts made abroad.
Civil Procedure Apr. 7, 2006
Qwest Corp. v. City of Surprise
Claim of telecommunications provider operating under grant of territorial franchise is mooted by amendment of ordinance exempting provider from franchising and licensing requirements.
Civil Procedure Apr. 7, 2006
Christie v. City of El Centro
Accused's right to fair trial was compromised when presiding judge consulted previously disqualified judge in same case.
Civil Procedure Apr. 7, 2006
Biosense Webster Inc. v. Superior Court (Dowell)
Temporary restraining order is void where it prevents filing of action in any federal forum.
Civil Procedure Apr. 7, 2006
Endres v. Moran
Defendants are not awarded attorney fees where only conspiracy claim was stricken pursuant to their special motion to strike.
Civil Procedure Apr. 7, 2006
Gackstetter v. Frawley
Order denying summary judgment is reversible on appeal after jury verdict was in favor of nonmoving party where claim was barred.
Civil Procedure Apr. 7, 2006