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Shewry v. Begil
Health services department's claim for reimbursement of Medi-Cal benefits is not barred by applicable statute of limitations.
Civil Procedure Aug. 9, 2005
City and County of San Francisco v. State of California
Organization challenging legality of same-sex marriage may not intervene in lawsuit in which it had no direct interest.
Civil Procedure Aug. 9, 2005
Pajaro Valley Water Management Agency v. McGrath
Water agency cannot use declaration that relies on inadmissible hearsay to prove amount of charges owed.
Civil Procedure Aug. 9, 2005
Evans v. City of San Jose
Plaintiff failed to exhaust administrative remedies in challenging city's redevelopment plan.
Civil Procedure Aug. 9, 2005
Frey v. Trans Union Corp.
Denial of plaintiff's motion for class certification was based on incorrect legal assumption.
Civil Procedure Aug. 9, 2005
Skistimas v. Old World Owners Association
Defendants have right to recover expert witness fees despite not paying for fees out of their own pockets.
Civil Procedure Aug. 9, 2005
Thomas v. Quintero
Anti-SLAPP motions may be filed challenging petitions for injunctive relief that seek to prohibit harassment.
Civil Procedure Aug. 9, 2005
Lockyer v. Mirant Corp.
District court has jurisdiction to decide whether suit is subject to automatic stay of bankruptcy court.
Civil Procedure Aug. 9, 2005
Gator.com Corp. v. L.L. Bean Inc.
Declaratory judgment lawsuit to determine legality of pop-up advertising program is moot due to settlement.
Civil Procedure Aug. 9, 2005
Hendricks v. Bank of America
District court did not abuse its discretion by finding Central District of California was appropriate venue for action under state's commercial code.
Civil Procedure Aug. 9, 2005
Scalf v. D.B. Log Homes Inc.
Trial court should have considered evidence in opposition to motion for summary judgment.
Civil Procedure Aug. 9, 2005
Ampex Corp. v. Cargle
Anonymous poster on internet message board is entitled to attorney fees from former employer who sued him for defamation.
Civil Procedure Aug. 9, 2005
Bergman v. Drum
Grant of motion for summary judgment is inconsistent with ruling in previous appeal and violates doctrine of law of case.
Civil Procedure Aug. 9, 2005
Ytuarte v. Superior Court (Kashani)
Trial applied incorrect legal standard in deciding whether to reclassify case as unlimited civil action.
Civil Procedure Aug. 9, 2005
Katzir's Floor and Home Design Inc. v. M-MLS.com
Trial court's addition of parties to judgment violates due process.
Civil Procedure Aug. 9, 2005
State of Montana v. Goldin (In re Pegasus Gold Corp.)
Bankruptcy courts have post-confirmation jurisdiction over claims that have close nexus to original bankruptcy proceeding.
Civil Procedure Aug. 9, 2005
Estrada v. RPS Inc.
Because dismissal orders are part of class certification process, named plaintiffs have standing to appeal but orders are not appealable.
Civil Procedure Aug. 9, 2005
Al-Safin v. Circuit City Stores Inc.
Arbitration agreement between employer and employee is substantively unconscionable.
Civil Procedure Aug. 9, 2005
C3 Entertainment Inc. v. Arthur J. Gallagher & Co.
Trial court's grant of summary judgment for defendant based on interim ruling against other defendant was premature.
Civil Procedure Aug. 9, 2005
Royalty Carpet Mills v. City of Irvine (Essex Property Trust)
Petitioner's challenge to conditional use permit was absolutely time-barred.
Civil Procedure Aug. 9, 2005
Dees v. Billy
District court order that stays proceedings and compels arbitration is not appealable even if accompanied by administrative closing.
Civil Procedure Aug. 9, 2005
Weatherly v. Universal Music Publishing Group
Unexercised right to conduct audit does not necessarily demonstrate lack of diligence for purposes of delayed discovery rule.
Civil Procedure Aug. 8, 2005
Home Insurance Company v. Superior Court (Montrose Chemical Corporation of California)
Trial court will decide whether primary and excess insurance carriers have 'substantially adverse interests' that allow them to each challenge judge.
Civil Procedure Aug. 8, 2005
City of Malibu v. California Coastal Commission
Owners of beachfront property should not be allowed to intervene in lawsuit regarding easement on neighboring property.
Civil Procedure Aug. 3, 2005
Consumer Cause Inc. v. Mrs. Gooch's Natural Food Markets Inc.
Unnamed member of putative class who defeats class certification is not entitled to attorney fees.
Civil Procedure Aug. 3, 2005
Roy v. Superior Court (Lucky Star Industries Inc.)
Motion to dismiss for lack of personal jurisdiction was properly denied based on defendant's filing answer and participating in litigation.
Civil Procedure Aug. 3, 2005
Gober v. Ralphs Grocery Co.
Different evidence excluded during liability trial that is relevant to amount of punitive damages may be admissible.
Civil Procedure Aug. 3, 2005
Varian Medical Systems v. Delfino
Perfecting appeal from denial of special motion to strike automatically stays all further trial proceedings.
Civil Procedure Aug. 2, 2005
Consumer Cause Inc. v. Mrs. Gooch's Natural Food Markets Inc.
Unnamed member of putative class who defeats class certification is not entitled to attorney fees.
Civil Procedure Aug. 2, 2005
Theis Research Inc. v. Brown & Bain
Amount at stake in underlying litigation, not arbitration award, is amount in controversy for diversity jurisdiction.
Civil Procedure Aug. 1, 2005