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Sears, Roebuck and Co. v. National Union Fire Insurance Co. of Pittsburgh
Attorney who relied on typographical error to send documents to himself was properly sanctioned for $20,000.
Civil Procedure Nov. 3, 2005
Mojica v. 4311 Wilshire LLC
New state statute of limitations applied to plaintiff's tort suit that was pending in federal court.
Civil Procedure Nov. 2, 2005
Bhatt v. State Dept. of Health Services
Reports prepared by fiscal intermediary on behalf of government agency qualify as official record.
Civil Procedure Oct. 28, 2005
Quest International Inc. v. Icode Corp.
Appeal from order granting motion to dismiss for inconvenient forum is untimely.
Civil Procedure Oct. 27, 2005
Concerned Citizens of La Habra v. City of La Habra (Costco Wholesale Corp.)
Plaintiff who temporarily blocked approval of proposed Costco store is not entitled to attorney fees.
Civil Procedure Oct. 25, 2005
Brill Media Company LLC v. TCW Group Inc.
Suit by company against bondholders who breached confidentiality agreement to force bankruptcy is not subject to special motion to strike.
Civil Procedure Oct. 19, 2005
City of King City v. Community Bank of Central California
Court committed prejudicial error in precluding bank from conducting discovery in lawsuit initiated by city.
Civil Procedure Oct. 17, 2005
Richard B. Levine Inc. v. Higashi
Plaintiff cannot proceed with civil conspiracy claim against partnership's accountant after arbitrator decided no tort was committed.
Civil Procedure Oct. 14, 2005
Doe v. Gonzales
Applicants seeking to vacate stay have not shown cause so extraordinary as to justify intervention.
Civil Procedure Oct. 14, 2005
Grafton Partners LP v. Superior Court (PriceWaterhouseCoopers LLP)
Pre-dispute agreement between parties waiving right to adjudicate lawsuit through jury trial was unenforceable.
Civil Procedure Oct. 13, 2005
Maynard v. Brandon
Client's untimely request for trial following unsuccessful arbitration over attorney fees cannot be excused.
Civil Procedure Oct. 10, 2005
Annette F. v. Sharon S.
Grant of hearing on motion for reconsideration did not have effect of vacating prior order.
Civil Procedure Oct. 10, 2005
Franklin Mint Co. v. Superior Court (Manatt, Phelps & Phillips)
Settlement that provides for $25 million to charities does not lead to $25 million reduction in liability of remaining defendants.
Civil Procedure Oct. 10, 2005
Circuit City Stores Inc. v. Mantor
Recent caselaw does not allow employer to bring 'renewed' petition to compel arbitration.
Civil Procedure Oct. 10, 2005
Jackson v. CA Dept. of Mental Health
Petitioner who recommitted himself as sexually violent predator does not have standing to challenge prior commitment.
Civil Procedure Oct. 9, 2005
Fields v. Legacy Health Systems
District courts' choice of Oregon law in wrongful death actions was proper.
Civil Procedure Oct. 5, 2005
Muegler v. Bening
Defendant found to have committed fraud under Missouri law is estopped from challenging finding in bankruptcy court.
Civil Procedure Oct. 5, 2005
F. Hoffman-La Roche v. Superior Court (Wertheimer)
Parent company exercising no operational control of subsidiary may not be subject to personal jurisdiction in state subsidiary does business.
Civil Procedure Oct. 5, 2005
Roos v. Red
Trial court properly gave bankruptcy court's findings collateral estoppel effect in wrongful death case.
Civil Procedure Oct. 5, 2005
ABF Capital Corp. v. Osley
Premature post-judgment motion does not accelerate deadline for appeal before separate judgment has been entered.
Civil Procedure Oct. 5, 2005
ABF Capital Corp. v. Berglass
Defendant's alleged inconsistent positions asserted during trial were not grounds for new trial.
Civil Procedure Oct. 5, 2005
Arno v. Helinet Corp.
Trial court properly found settlement offer in case of helicopter crash was reasonable and in good faith.
Civil Procedure Oct. 5, 2005
Taylor v. Van-Catlin Construction
Trial court lacked authority to 'correct' arbitrator's award of attorney fees to prevailing party.
Civil Procedure Oct. 5, 2005
County of Los Angeles v. Superior Court (Union of American Physicians and Dentists)
Court cannot order district attorney to produce minutes of closed session of Los Angeles Board of Supervisors.
Civil Procedure Oct. 5, 2005
Hasler v. Howard
Plaintiff is not entitled to attorney fees merely because defendant requested them during earlier proceeding.
Civil Procedure Oct. 5, 2005
Discover Bank v. Superior Court (Boehr)
In some circumstances, class action waivers in consumer contracts of adhesion are unenforceable.
Civil Procedure Oct. 4, 2005
Payne v. Anaheim Memorial Medical Center Inc.
Where internal remedies included no requirement of hearing or formal resolution of complaints, they cannot bar access to courts.
Civil Procedure Oct. 4, 2005
Property Owners of Whispering Palms Inc. v. Newport Pacific Inc.
Association does not lack standing solely because its membership includes residents that would not have standing to assert claims in their own right.
Civil Procedure Oct. 4, 2005
Hypertouch Inc. v. Superior Court (Perry Johnson Inc.)
Court order requiring class members to 'opt-in' to lawsuit is invalid.
Civil Procedure Sep. 27, 2005
Huntingdon Life Sciences Inc. v. Stop Huntingdon Animal Cruelty USA Inc.
Where cause of action alleges both protected and unprotected activity, it will be subject to anti-SLAPP statute.
Civil Procedure Sep. 26, 2005