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Paneno v. Centres For Academic Programmes Abroad Ltd.
Study abroad program with 'affiliate' in United States should not be permitted to escape responsibility by claiming lack of jurisdiction.
Civil Procedure Jul. 28, 2004
Elite Show Services Inc. v. Staffpro Inc.
Inclusion of agreement to pay 'reasonable' attorney fees in pretrial settlement offer does not make offer unenforceable for uncertainty.
Civil Procedure Jul. 27, 2004
People v. Arjon
Motion to dismiss brought one hour prior to criminal trial without explanation for delay was properly dismissed.
Civil Procedure Jul. 27, 2004
Ruiz v. Appellate Division of the Superior Court (People)
Defendant's peremptory challenge against trial judge was properly filed under 'master calendar' rule.
Civil Procedure Jul. 27, 2004
Levy v. City of Santa Monica (Garai)
City council member's communication with city employees on behalf of constituent is constitutionally-protected speech.
Civil Procedure Jul. 26, 2004
Schwab v. Southern California Gas Co.
Defendant's motion to set aside defaults and judgments is properly denied for failure to show mistake, surprise, or neglect.
Civil Procedure Jul. 26, 2004
Frieman v. San Rafael Rock Quarry Inc.
Plaintiffs bringing action against quarry for unlawful acts fail to establish class action would be substantially beneficial.
Civil Procedure Jul. 26, 2004
Moore v. Shaw
Drafting termination of trust agreement was not in furtherance of right of petition or free speech for purposes of anti-SLAPP statute.
Civil Procedure Jul. 26, 2004
Brown v. Superior Court (Cyclon Corp.)
In underlying action, trial court had no power to adjudicate validity and amount of attorney contractual lien.
Civil Procedure Jul. 26, 2004
People v. R.J. Reynolds Tobacco Co.
Imposition of sanctions was erroneous where trial court did not provide adequate rationale for amount of sanctions imposed.
Civil Procedure Jul. 26, 2004
Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co.
Plaintiff's lawsuit for breach of contract was timely because defendant failed to perform during successive months.
Civil Procedure Jul. 26, 2004
Rancho Santa Fe Assn. v. Dolan-King
Trial court did not err in directing partial verdict on validity of certain land use regulations.
Civil Procedure Jul. 26, 2004
Moraga-Orinda Fire Protection District v. Weir (Moraga Del Rey Homeowners Assn.)
Homeowners association that faced lawsuit after submitting statements in voter pamphlet is entitled to attorney fees under anti-SLAPP law.
Civil Procedure Jul. 26, 2004
Lockheed Litigation Cases
Trial court did not err by excluding expert's declaration that did not provide reasonable basis for opinion.
Civil Procedure Jul. 26, 2004
Olmstead v. Arthur J. Gallagher & Co.
Code of Civil Procedure Section 128.5 does not authorize imposition of sanctions for any form of misconduct arising after Dec. 31, 1994.
Civil Procedure Jul. 26, 2004
Orozco v. Superior Court (People)
Order recommitting sexually violent predator need not be obtained prior to expiration of first term of confinement.
Civil Procedure Jul. 25, 2004
Canal Insurance Co. v. Tackett
Party was not entitled to recover attorney fees from interest on interpleader funds.
Civil Procedure Jul. 25, 2004
Greenbriar Homes Communities Inc. v. Superior Court (Couris)
Construction defect claims brought by original purchasers of homes must be determined by judicial referee pursuant to sales agreement.
Civil Procedure Jul. 25, 2004
Bardis v. Oates
Punitive damage award against land developer is modified because it exceeded single digit ratio to amount of compensatory damages awarded to plaintiffs.
Civil Procedure Jul. 25, 2004
Marriage of Goddard
Failure of trial court to introduce notice of trial as evidence was harmless error.
Civil Procedure Jul. 25, 2004
Carver v. Chevron U.S.A. Inc.
Defendant that prevailed on issues that 'inextricably overlapped' Cartwright Act cannot recover attorney fees.
Civil Procedure Jul. 25, 2004
Bramalea California Inc. v. Reliable Interiors Inc.
Defendant is not entitled to recovery of attorney fees when it did not pay the fees out of its own pocket.
Civil Procedure Jul. 25, 2004
Yeung v. Soos
Although evidentiary hearing in quiet title action was not properly conducted, default judgment is valid.
Civil Procedure Jul. 25, 2004
Hagberg v. California Federal Bank FSB
Bank employee's statements to police regarding customer's possession of counterfeit check are absolutely privileged.
Civil Procedure Jul. 23, 2004
Mulder v. Pilot Air Freight
Privilege applies to communications made to local police if designed to prompt action by that entity.
Civil Procedure Jul. 23, 2004
Jennings v. Palomar Pomerado Health Systems Inc.
Expert's testimony that retractor left in plaintiff's abdominal cavity caused infection was conclusory.
Civil Procedure Jul. 23, 2004
Weinberg v. Safeco Insurance Co. of America
Because husband and wife did not have single, indivisible injury, defendant's joint and unapportioned offer to compromise was not valid.
Civil Procedure Jul. 23, 2004
Fireman's Fund Insurance Co. v. Sparks Construction Inc.
Defendants subjected themselves to court's personal jurisdiction by making general appearance despite being improperly named and served.
Civil Procedure Jul. 23, 2004
Independent Roofing Contractors of California Unilateral Apprenticeship Committee v. California Apprenticeship Council
Authorization to expand roofing apprenticeship program that lacked notice to existing programs was invalid.
Civil Procedure Jul. 23, 2004
OXY Resources California LLC v. Superior Court (Calpine Natural Gas LP)
Documents contained in parties' joint defense agreement are discoverable unless they contain privileged information.
Civil Procedure Jul. 23, 2004