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Bronco Wine Co. v. Espinoza
State law regulating use of brand names on labels on wine bottles is void.
Civil Procedure Aug. 4, 2004
Bakersfield City School Dist. v. Superior Court (The Bakersfield Californian)
Disclosure of public employee's disciplinary record is dependent on reasonable conclusion that complaint is well-founded.
Civil Procedure Jul. 30, 2004
Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles
Group's allegations that garment retailer underpaid immigrant workers are protected by anti-SLAPP law.
Civil Procedure Jul. 29, 2004
Garment Workers Center v. Superior Court (Fashion 21 Inc.)
Trial court abused its discretion in permitting discovery before first ruling on SLAPP motion.
Civil Procedure Jul. 29, 2004
Finley v. Saturn of Roseville
Court lacked jurisdiction to entertain plaintiffs' motion to compel review of first arbitrator's decision by second arbitrator.
Civil Procedure Jul. 29, 2004
Viner v. Sweet
Plaintiffs fail to show that 'but for' alleged transactional malpractice of their attorneys they would have obtained more favorable sales agreement.
Civil Procedure Jul. 29, 2004
Estate of Lowrie
Granddaughter has standing to sue uncle for elder abuse of grandmother.
Civil Procedure Jul. 29, 2004
People v. Calhoun
In jury trial pursuant to Sexually Violent Predator Act, defendant is entitled to only six peremptory challenges.
Civil Procedure Jul. 29, 2004
Plancarte v. Guardsmark
Trial court did not abuse its discretion in denying plaintiff's motion for new trial based on newly discovered evidence.
Civil Procedure Jul. 29, 2004
Omar v. Ralphs Grocery Co.
Trial court will decide whether grocery worker's wrongful termination claim must be arbitrated.
Civil Procedure Jul. 29, 2004
ECC Construction Inc. v. Oak Park Calabasas Homeowners Assn.
Title 11 U.S.C. Section 108 provides defendant extension of time necessary to make notice of appeal timely.
Civil Procedure Jul. 29, 2004
Newell v. State Farm General Insurance Co.
Plaintiffs may not bring class action suit against insurance company when requirements for class certification are not met.
Civil Procedure Jul. 29, 2004
State v. Superior Court (Bodde)
Failure to allege facts demonstrating compliance with claim presentation requirement subjects complaint to general demurrer.
Civil Procedure Jul. 29, 2004
Bernardo v. Planned Parenthood Federation of America
Trial court properly granted defendant's motion to strike complaint under anti-SLAPP statute because plaintiff failed to show probability of prevailing.
Civil Procedure Jul. 28, 2004
Garcia v. DIRECTV Inc.
Arbitrator, not court, must decide if arbitration agreement prohibits class-wide arbitration.
Civil Procedure Jul. 28, 2004
Scott v. Metabolife International Inc.
Plaintiff's claim against diet pill manufacturer was not a strategic lawsuit against public participation.
Civil Procedure Jul. 28, 2004
O'Hearn v. Hillcrest Gym and Fitness Center Inc.
Court erred in admitting evidence of settlement agreements plaintiff obtained in similar cases for purpose of establishing damages in present case.
Civil Procedure Jul. 28, 2004
Abramson v. Juniper Networks Inc.
Contract provision requiring employee to pay half of arbitration costs was unenforceable.
Civil Procedure Jul. 28, 2004
Fair Employment and Housing Commission v. Superior Court (Las Brisas Apartments)
Apartment owner challenging decision of Fair Employment and Housing Commission was subject to 30-day deadline.
Civil Procedure Jul. 28, 2004
Martinez v. Metabolife International Inc.
Because burden never shifted to plaintiffs to demonstrate probability they would prevail on claims, trial court correctly denied defendant's anti-SLAPP motion.
Civil Procedure Jul. 28, 2004
Barratt American Inc. v. City of San Diego
Proposition 218 does not repeal or otherwise invalidate Code of Civil Procedure Section 329.5.
Civil Procedure Jul. 28, 2004
Chatsky and Associates v. Superior Court (Bank of America Corp.)
One-year limitations period applies to claims by depositors against bank for payment of forged checks written on accounts.
Civil Procedure Jul. 28, 2004
London v. Dri-Honing Corp.
Motion for monetary discovery sanctions may be filed separately from motion to compel further discovery.
Civil Procedure Jul. 28, 2004
Haggerty v. Superior Court (Guindazola)
Trial court erred in ordering disclosure of internal affairs' report without first redacting portions reflecting investigating officer's analysis and conclusions.
Civil Procedure Jul. 28, 2004
Lopez v. Charles Schwab & Co. Inc.
Securities broker that rejected account application cannot enforce account's arbitration provision.
Civil Procedure Jul. 28, 2004
Hindin v. Rust
In malicious prosecution action, summary adjudication is not permitted when some, but not all claims are supported by probable cause.
Civil Procedure Jul. 28, 2004
Knowles v. Superior Court (Labo)
Statute of limitations period in wrongful death case was triggered when medical negligence was first suspected.
Civil Procedure Jul. 28, 2004
Action Apartment Assn. Inc. v. City of Santa Monica
City ordinance that prohibits landlords from harassing tenants in rent-controlled housing is pre-empted by state law.
Civil Procedure Jul. 28, 2004
Anastos v. Lee
Plaintiff who serves summons and complaint by publication isn't required to obtain separate court order to serve statement of damages by publication.
Civil Procedure Jul. 28, 2004
Holiday Matinee Inc. v. Rambus Inc.
Because plaintiff's claims arise under federal patent law, state court lacks subject matter jurisdiction.
Civil Procedure Jul. 28, 2004