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Gaggero v. County of San Diego
Lawsuit alleging county negligently maintained landfill must be filed within 10-year limitations period.
Civil Procedure Feb. 15, 2005
Wisden v. Superior Court (Sims)
Trial court erred by denying plaintiff's request for jury trial on cause of action for fraudulent conveyance.
Civil Procedure Feb. 15, 2005
Toshiba America Electronic Components Inc. v. Superior Court (Lexar Media Inc.)
Provision governing production of information from computer backup tapes automatically shifts costs to demanding party.
Civil Procedure Feb. 15, 2005
Liang v. San Francisco Residential Rent Stabilization and Arbitration Board
Tenant's petition for rent rollback was untimely and should have named landlord as party.
Civil Procedure Feb. 15, 2005
Hardistry v. Hinton & Alfert
Stipulated motion to vacate judgment as part of settlement that contains neither joint declaration of counsel nor copy of judgment must be denied.
Civil Procedure Feb. 14, 2005
In re Tobacco Cases I
Dispute between tobacco manufacturer and state is not subject to arbitration under Master Settlement Agreement.
Civil Procedure Feb. 14, 2005
Hawkins v. Pacific Coast Building Product Inc.
'Relation back' doctrine applies to defeat statute of limitations.
Civil Procedure Feb. 14, 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 Feb. 14, 2005
Cockshott v. Dept. of Forestry and Fire Protection
Challenge to decision of forestry board must be brought within 30 days of service of decision.
Civil Procedure Feb. 14, 2005
Golden Gate Bridge v. Superior Court (R&B Protective Coatings Inc.)
Golden Gate Bridge Highway and Transportation District is local agency entitling it to change of venue.
Civil Procedure Feb. 14, 2005
Crespin v. Bonta
Time limit to seek attorney fees does not apply to plaintiffs who won Medi-Cal benefits for undocumented aliens.
Civil Procedure Feb. 14, 2005
San Ramon Valley Fire Protection District v. Contra Costa County Employees' Retirement Association
Lawsuit challenging decision of public entity was not subject to dismissal under anti-SLAPP law.
Civil Procedure Feb. 14, 2005
Wells Fargo Bank N.A. v. Zinnel
Party that brought interpleader but did not deposit disputed funds with court is not entitled to attorney fees.
Civil Procedure Feb. 14, 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 Feb. 14, 2005
Fidelity Federal Band FSB v. Durga Ma Corp.
Party that helped select arbitrators cannot challenge subsequent award for impartiality.
Civil Procedure Feb. 14, 2005
Hardistry v. Hinton & Alfert
Stipulated motion to vacate judgment as part of settlement that contains neither joint declaration of counsel nor copy of judgment must be denied.
Civil Procedure Feb. 13, 2005
China National Metal Products Import/Export Co. v. Apex Digital Inc.
District court must confirm foreign arbitral award where party fails to establish defense against enforcement of award.
Civil Procedure Feb. 7, 2005
Hawkins v. Pacific Coast Building Products Inc.
'Relation back' doctrine applies to defeat statute of limitations.
Civil Procedure Feb. 6, 2005
Wolfe v. Strankman
Judicial defendants, when acting as administrators, are not immune from Section 1983 suits.
Civil Procedure Feb. 4, 2005
Urshan v. Musicians' Credit Union
Trial court lacks authority to shorten minimum notice period for hearing summary judgment motion absent parties' consent.
Civil Procedure Jan. 21, 2005
Fair v. Bakhtiari
Settlement agreement that all disputes are subject to arbitration makes agreement admissible to show that parties intended to be bound.
Civil Procedure Jan. 18, 2005
Gilbertson v. Albright
Federal abstention principles apply to civil rights action for damages that relates to pending state proceeding.
Civil Procedure Jan. 18, 2005
Yaqub v. Salinas Valley Memorial Healthcare System
Hospital denied doctor a fair administrative hearing before revoking his hospital privileges.
Civil Procedure Jan. 18, 2005
People v. Superior Court (Cole National Corp.)
Trial court's discovery orders were abuse of discretion.
Civil Procedure Jan. 18, 2005
Sylmar Air Conditioning v. Pueblo Contracting Services Inc.
Party that filed SLAPP is liable for attorney fees despite filing amended complaint.
Civil Procedure Jan. 18, 2005
ECC Construction Inc. v. Oak Park Calabasas Homeowners Association
Defendant's notice of appeal of cross-complaint was timely under 'one final judgment' rule.
Civil Procedure Jan. 18, 2005
Marriage of Kreiss
Father may have access to psychiatric records of mother who underwent drug rehabilitation.
Civil Procedure Jan. 18, 2005
Gonzalez v. County of Los Angeles
Five-year deadline to bring civil case to trial is extended when mediation occurs during final six months of limitations period.
Civil Procedure Jan. 18, 2005
Sinaiko v. Superior Court (Medical Board of California)
Disqualification of plaintiff's experts rendered administrative proceeding unfair.
Civil Procedure Jan. 18, 2005
Arntz Builders v. Superior Court (County of Contra Costa)
Contractual provision waiving plaintiff's right to transfer action to neutral county is invalid.
Civil Procedure Jan. 18, 2005