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Prince v. CLS Transportation
Trial court should not have determined suitability of class action at pleading stage. 		Civil Procedure Oct. 6, 2004
Annette F. v. Sharon S.
Libel suit filed by former lesbian partner seeking 'second-parent' adoption should be struck under anti-SLAPP law. 		Civil Procedure Oct. 6, 2004
Johnson v. Capitol One Bank
Under Virginia law, credit card holders suing issuers for conduct violating federal Truth-in-Lending Act are limited to remedies provided by Act. 		Civil Procedure Oct. 5, 2004
Stevens v. Brink's Home Security Inc.
District court's order amending complaint to add non-diverse defendants and remanding case to state court is not appealable. 		Civil Procedure Oct. 5, 2004
Lebrilla v. Farmers Group Inc.
Denial of plaintiffs' statewide class certification must be reversed due to court's application of wrong legal criteria. 		Civil Procedure Oct. 5, 2004
Azteca Construction Inc. v. ADR Consulting Inc.
Party to arbitration cannot contractually waive right to disqualify arbitrator based on lack of neutrality. 		Civil Procedure Oct. 4, 2004
Salgado v. Garcia
Certificate of appealability can be denied by two-judge panel. 		Civil Procedure Sep. 29, 2004
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law. 		Civil Procedure Sep. 29, 2004
Public Utility District No. 1 v. Idacorp Inc.
Public utility's state lawsuit against energy wholesaler is pre-empted by federal law. 		Civil Procedure Sep. 28, 2004
Gaudin v. Remis
Petition by mother who moved from Canada to Hawaii to seek return of children is not moot. 		Civil Procedure Sep. 28, 2004
Poulos v. Caesars World Inc.
Since video poker players would need to show individualized reliance on misrepresentations to prove causation, class certification of RICO claim was properly denied. 		Civil Procedure Sep. 28, 2004
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law. 		Civil Procedure Sep. 28, 2004
Wilbanks v. Wolk
Lawsuit against critics of viatical brokerage was not strategic lawsuit against public participation. 		Civil Procedure Sep. 27, 2004
U.S. v. Crowell
Defendant convicted of crime may not collaterally attack conviction by moving to expunge record. 		Civil Procedure Sep. 27, 2004
Franchise Holding II LLC v. Huntington Restaurants Group Inc.
District court had discretion to deny borrower's motion to set aside default judgment. 		Civil Procedure Sep. 24, 2004
Kaneko v. Yager
Power of attorney on which defendants sought immunity must be notarized or witnessed by two witnesses. 		Civil Procedure Sep. 24, 2004
CLD Construction Inc. v. City of San Ramon
Complaint filed by self-represented corporation is void, but court may grant leave to amend. 		Civil Procedure Sep. 24, 2004
Egar v. Superior Court of Santa Barbara County
Court security fee imposed for every conviction of criminal offense does not apply to juvenile wardship cases. 		Civil Procedure Sep. 24, 2004
Pitzen v. Superior Court (Garcia)
Collateral estoppel precludes issue decided in small claims court from being relitigated. 		Civil Procedure Sep. 24, 2004
Oliveros v. County of Los Angeles
County attorney's engagement in another trial warrants trial continuance. 		Civil Procedure Sep. 24, 2004
Cassim v. Allstate Insurance Company
Attorney fees payable as damages for insurer's bad faith limited to portion of efforts devoted to recovery of amount due under policy. 		Civil Procedure Sep. 24, 2004
Travis v. County of Santa Cruz
Property owner timely filed claim to remove county's conditions on his development permit. 		Civil Procedure Sep. 24, 2004
Malek v. Blue Cross of California
Health care service plan's noncompliance with statutory arbitration disclosure requirements renders arbitration provision in enrollment form unenforceable. 		Civil Procedure Sep. 24, 2004
Marselis v. Allstate Insurance Company
Statute of limitations for insurance claim action not tolled when claim paid even where insurer provides no written assurance that claim closed. 		Civil Procedure Sep. 24, 2004
Stasz v. Schwab
Arbitration association enjoys common law immunity from liability for alleged bias and failure to stay arbitration proceedings. 		Civil Procedure Sep. 24, 2004
State Farm Mutual Automobile Insurance Co. v. Superior Court (Hill)
Party is not entitled to disqualification of judge after court of appeal granted writ of mandate on choice of law question. 		Civil Procedure Sep. 24, 2004
In re CIPRO CASES I and II
Certification of class of those injured by drug company's anti-competitive agreement is proper but must not include purchasers who paid flat copayment. 		Civil Procedure Sep. 23, 2004
Whaley v. Sony Computer Entertainment America Inc.
Court properly denied arbitration request of party involved in litigation over same issues. 		Civil Procedure Sep. 23, 2004
People v. American Contractors Indemnity Co.
Summary judgment prematurely entered against surety is voidable, but cannot be set aside by collateral attack once final. 		Civil Procedure Sep. 22, 2004
Gagan v. Sharar
Judgment against one spouse in a common-law state can be executed on both spouse's community property in Arizona. 		Civil Procedure Sep. 3, 2004
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