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Parkview Villas Association Inc. v. State Farm Fire and Casualty Co.
Defendant is not entitled to summary judgment despite plaintiff failing to file adequate separate statement of undisputed material facts where notice otherwise existed.
Civil Procedure Jan. 30, 2006
Unitherm Food Systems Inc. v. Swift-Eckrich Inc.
Federal Court of Appeals cannot grant new trial where party failed to renew its motion for judgment as matter of law.
Civil Procedure Jan. 27, 2006
Bhatt v. State Dept. of Health Services
Reports prepared by fiscal intermediary on behalf of government agency qualify as official record.
Civil Procedure Jan. 25, 2006
Bricker v. Superior Court (Stunich)
Court's dismissal of appeal from judgment without hearing violated claimant's due process rights.
Civil Procedure Jan. 25, 2006
Peregrine Funding Inc. v. Sheppard Mullin Richter & Hampton
Litigation tactics utilized by firm concerned protected 'petitioning activity' for purposes of anti-SLAPP statute.
Civil Procedure Jan. 25, 2006
Ovitz v. Schulman
Federal Arbitration Act standard for vacating award due to lack of disclosure by arbitrator does not preempt California standard.
Civil Procedure Jan. 25, 2006
Him v. City and County of San Francisco
City's evidence of proofs of mailing claim rejection notices is sufficient to bar plaintiffs' lawsuit as untimely.
Civil Procedure Jan. 24, 2006
Bennett v. Regents of the University of California
Simultaneous incineration of bodies of Willed Body Program donors by university is not actionable wrong.
Civil Procedure Jan. 24, 2006
Shapell Industries Inc. v. Superior Court (Stark)
Voluntary dismissal of named representative plaintiff of class did not divest court of subject matter jurisdiction.
Civil Procedure Jan. 24, 2006
Sandpiper Village Condominium Association Inc. v. Louisiana-Pacific Corp.
District court may not enjoin entry of judgment in state action against defendant in resolved class action over which it retained jurisdiction.
Civil Procedure Jan. 18, 2006
Ruiz v. Harbor View Community Association
Allegedly libelous letters sent to homeowner by homeowner's association were protected speech under anti-SLAPP statute.
Civil Procedure Jan. 17, 2006
Hawthorne Savings F.S.B. v. Reliance Insurance Co. of Illinois
District court's refusal to abstain in case involving state law contract dispute was not abuse of discretion.
Civil Procedure Jan. 13, 2006
Ruiz v. Harbor View Community Association
Allegedly libelous letters sent to homeowner by homeowner's association were protected speech under anti-SLAPP statute.
Civil Procedure Jan. 12, 2006
Kaufman & Broad Communities Inc. v. Performance Plastering Inc.
Court may take judicial notice of official committee and bill reports that constitute legislative history of tax code.
Civil Procedure Dec. 29, 2005
Burdusis v. Superior Court (Rent-A-Center Inc.)
Where proceeding did not address merits, there is no basis for filing peremptory challenge.
Civil Procedure Dec. 29, 2005
Lincoln Property Co. v. Roche
Defendants may remove action on diversity basis if complete diversity between plaintiffs and defendants exists and no defendant is forum state citizen.
Civil Procedure Dec. 28, 2005
Robertson v. Health Net of California Inc.
Arbitration clause that was not immediately above signature line of contract or prominently displayed was unenforceable.
Civil Procedure Dec. 28, 2005
The Foundation For Taxpayer and Consumer Rights v. Garamendi
Award of attorney fees was proper after intervenor's anti-SLAPP motion was deemed frivolous.
Civil Procedure Dec. 28, 2005
Doe 2 v. Superior Court (Calkins)
Court must determine whether church member's statements to pastor were privileged as penitential communications before granting discovery requests.
Civil Procedure Dec. 28, 2005
Dwyer v. Duffy (In re Dwyer)
Friday after Thanksgiving is considered 'legal holiday' in California under federal bankruptcy provision.
Civil Procedure Dec. 15, 2005
Consumer Cause Inc. v. Johnson & Johnson
Consent judgment that prohibits exonerated defendants from committing future violations must be vacated.
Civil Procedure Dec. 14, 2005
Bush v. Cheaptickets
Class action commenced when it was filed, not removed, for purposes of Class Action Fairness Act.
Civil Procedure Dec. 14, 2005
Harris v. Bankers Life and Casualty Co.
Notice of removability is determined through examination of four corners of applicable pleading.
Civil Procedure Dec. 14, 2005
CPF Agency Corp. v. R&S Towing Service
State regulation regarding vehicle storage fees for nonconsensual towing services is not preempted by federal law.
Civil Procedure Dec. 13, 2005
CPF Agency Corp. v. Sevel's 24 Hour Towing Service
State regulations regarding vehicle storage fees are not pre-empted by Federal Aviation Administration Authorization Act.
Civil Procedure Dec. 13, 2005
Shapell Industries Inc. v. Superior Court (Stark)
Voluntary dismissal of named representative plaintiff of class did not divest court of subject matter jurisdiction.
Civil Procedure Dec. 13, 2005
Doheny Park Terrace Homeowners Association Inc. v. Truck Insurance Exchange
One-year insurance claim revival period does not preclude application of equitable estoppel.
Civil Procedure Dec. 13, 2005
Tillison v. Gregoire
Washington state law restricting nonconsensual towing of vehicles is not preempted by federal law.
Civil Procedure Dec. 11, 2005
McSherry v. City of Long Beach
Court order granting city's motion for judgment as matter of law was improper prior to presentation of evidence.
Civil Procedure Dec. 6, 2005
Godinez v. Schwarzenegger
Court may award private attorney general fees for meritorious suit that was catalyst for defendant's changed behavior.
Civil Procedure Nov. 30, 2005