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U.S. v. Orr Water Ditch Co.
Nevada law providing automatic stay of state engineer's decisions applies to federal water proceedings.
Civil Procedure Jun. 20, 2005
Shewry v. Begil
Health services department's claim for reimbursement of Medi-Cal benefits is not barred by applicable statute of limitations.
Civil Procedure Jun. 20, 2005
Yeboah v. Progeny Ventures Inc.
Court 'order' that approves special master's resolution of accounting dispute is not appealable.
Civil Procedure Jun. 20, 2005
Thomas v. Fry's Electronics Inc.
Motion under California's anti-SLAPP law is available to federal litigants.
Civil Procedure Jun. 19, 2005
Falahati v. Kondo
Default judgment that denied due process to defendant was improperly entered.
Civil Procedure Jun. 19, 2005
Bains LLC v. ARCO Products Co.
Punitive damages award against corporation for racial discrimination exceeds constitutional limits.
Civil Procedure Jun. 17, 2005
Agyeman v. Corrections Corp. of America
District court should have appointed counsel for plaintiff where case was complex and exceptional.
Civil Procedure Jun. 17, 2005
Morgan v. San Joaquin Community Hospital
Notice of appeal stated within points and authorities of defective motion for reconsideration is valid.
Civil Procedure Jun. 17, 2005
Crippen v. Central Valley RV Outlet Inc.
Plaintiff failed to prove arbitration agreement is procedurally unconscionable.
Civil Procedure Jun. 17, 2005
Biles v. Exxon Mobil Corp.
Failure to identify witness in interrogatory answer and to supplement answer before submitting witness' declaration are not grounds for excluding declaration.
Civil Procedure Jun. 17, 2005
Mandel v. Household Bank (Nevada), National Assn.
Unilateral amendment, which imposed binding arbitration of disputes under credit card agreement, is proper under Nevada law.
Civil Procedure Jun. 14, 2005
Tory v. Cochran
Injunction granted to now-deceased attorney in slander case amounts to overly broad prior restraint upon speech.
Civil Procedure Jun. 13, 2005
Cummings v. Connell
All members of civil rights class action lawsuit are entitled to award of nominal damages.
Civil Procedure May 17, 2005
People v. Nickerson
Jurisdiction over appeal from misdemeanor conviction belongs to appellate division of superior court.
Civil Procedure May 5, 2005
Bates v. Dow Agrosciences LLC
Federal insecticide statute does not preempt failure-to-warn claim arising from equivalent state law.
Civil Procedure May 4, 2005
Graham v. DaimlerChrysler Corp.
Auto dealership that offered to repurchase truck after being sued may be liable for attorney fees under 'catalyst theory.'
Civil Procedure May 3, 2005
Exxon Mobil Corp. v. Saudi Basic Industries Corp.
Federal jurisdiction over action does not terminate automatically on entry of judgment in state court.
Civil Procedure Apr. 25, 2005
Hartnell Community College District v. Superior Court (Hartnell College Faculty Association)
Trial court properly granted faculty association's petition to compel arbitration with community college.
Civil Procedure Apr. 13, 2005
Nasha LLC v. City of Los Angeles
Decision of planning commission must be set aside when one of its members wrote negative article while matter was pending.
Civil Procedure Apr. 12, 2005
Gausvik v. Perez
An initial determination of qualified immunity holds for all subsequent claims arising out of the same integral facts.
Civil Procedure Apr. 8, 2005
U.S. v. Orr Water Ditch Co.
Nevada law providing automatic stay of state engineer's decisions applies to federal water proceedings.
Civil Procedure Apr. 7, 2005
Berg v. Darden
Plaintiff's settlement offer satisfied procedural rule by demonstrating its acceptance would result in final disposition.
Civil Procedure Mar. 23, 2005
Kulshrestha v. First Union Commercial Corp.
Declaration executed out of state is inadmissible unless it invokes California law.
Civil Procedure Mar. 23, 2005
Abrams v. City of Rancho Pales Verdes
Title 42 Section 1983 remedies are available to amateur radio operator whose rights under Telecommunications Act were violated by city.
Civil Procedure Mar. 22, 2005
Restaino v. Bah (In re Bah)
Anti-SLAPP statute applies to pendent state law claims in bankruptcy court.
Civil Procedure Mar. 16, 2005
The Oakland Raiders v. National Football League
Where new trial order does not specify juror misconduct on which it is premised, appellate court must independently review motion.
Civil Procedure Mar. 15, 2005
Carnes v. Superior Court of Placer County
By signing summary judgment order prepared by defense counsel, judge adopts it as his own.
Civil Procedure Mar. 14, 2005
Reid Product Inc. v. Westport Insurance Corp.
District court did not err in finding its prior judgment had not been vacated and in denying new entry of judgment.
Civil Procedure Mar. 14, 2005
Donaldson v. National Marine Inc.
State court has jurisdiction to hear federal case for wrongful death that occurred outside of state's territorial waters.
Civil Procedure Mar. 13, 2005
Stanley v. California State Lottery Commission
Plaintiff who lost suit against lottery commission cannot be awarded attorney fees.
Civil Procedure Feb. 23, 2005