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Name Category Published
Tremper v. Quinones
Good faith improver granted relief must protect landowner from pecuniary losses incurred, including attorney fees and costs. 		Civil Procedure Jul. 23, 2004
People v. Henderson
Dismissal isn't warranted when prosecution requests continuance within 60-day limit of Penal Code Section 859b. 		Civil Procedure Jul. 23, 2004
Hernandez v. Department of Transportation
Court erred in granting summary judgment where conflicting evidence existed regarding design immunity for lack of guardrails at accident site. 		Civil Procedure Jul. 22, 2004
American Airlines Inc. v. Superior Court (Di Marco)
Union representative's discussions with members are not privileged in wrongful termination case. 		Civil Procedure Jul. 22, 2004
In re Renderos
Prosecution was not barred from applying extension to existing statute of limitations under newly enacted law. 		Civil Procedure Jul. 22, 2004
MacDonald v. Gutierrez
Unsworn statement by arresting officer is admissible in administrative per se review hearing conducted by DMV. 		Civil Procedure Jul. 22, 2004
Krupnick v. Duke Energy Morro Bay LLC
New statute that extended statute of limitations for personal injury actions does not apply retroactively. 		Civil Procedure Jul. 22, 2004
Hagan Engineering Inc. v. Mills
Trial court lacked jurisdiction to enforce settlement agreement in case that had been dismissed with prejudice. 		Civil Procedure Jul. 22, 2004
Dickens v. Provident Life and Accident Insurance Co.
Malicious prosecution action alleging defendants were instrumental in bringing criminal prosecution against plaintiff is subject to anti-SLAPP statute. 		Civil Procedure Jul. 22, 2004
Kim v. Southern Sierra Council Boy Scouts of America
Plaintiff's lawsuit seeking promotion to Eagle Scout from Boy Scouts of America failed to state valid cause of action. 		Civil Procedure Jul. 22, 2004
K.R.L. Partnership v. Superior Court (Pemberton)
Cross-defendant cannot seek change of established venue based on improper venue claim as determined by reference to compulsory cross-complaint. 		Civil Procedure Jul. 21, 2004
People v. American Contractors Indemnity Co.
Surety's collateral attack on summary judgment on bail bond is barred by doctrines of estoppel and disfavor of collateral attack. 		Civil Procedure Jul. 21, 2004
U.S. v. Alisal Water Corp.
Allegedly impaired ability to collect judgment arising from past claim does not solely support right of intervention. 		Civil Procedure Jul. 21, 2004
Butler v. San Diego District Attorney's Office
Court incorrectly assumed factual allegations in complaint to be true when defendant moved for summary judgment. 		Civil Procedure Jul. 21, 2004
Irwin v. Mascott
Debt collector is liable for violating injunction against sending misleading collection letters. 		Civil Procedure Jul. 21, 2004
In re Lorillard Tobacco Co.
Trial court's denial of tobacco company's request to seize counterfeit cigarettes is not appealable interlocutory order. 		Civil Procedure Jul. 21, 2004
White v. Lambert
Jurisdiction to hear defendant's habeas petition is determined by fact that he was in custody pursuant to state court judgment. 		Civil Procedure Jul. 21, 2004
Kulshrestha v. First Union Commercial Corp.
Summary judgment against plaintiff was proper where plaintiff's declaration failed to meet requirements of Code of Civil Procedure Section 2015.5. 		Civil Procedure Jul. 19, 2004
Thinket Ink Information Resources Inc. v. Sun Microsystems Inc.
Minority-owned corporation has standing to bring action under 42 U.S.C. Section 1981. 		Civil Procedure Jul. 16, 2004
Haeuser v. Dept. of Law, Government of Guam, Civil Service of Guam
Guam supreme court's reversal of lower court without review of evidence was manifest error. 		Civil Procedure Jul. 15, 2004
Luong v. Circuit City Stores Inc.
Although district court had jurisdiction to hear petition to vacate arbitration award, petition fails because arbitrator didn't manifestly disregard federal law. 		Civil Procedure Jul. 15, 2004
Kelly v. Fleetwood Enterprises Inc.
Damages plaintiffs seek from manufacturer of their leaky motor home are not recoverable under Magnuson-Moss Warranty Act. 		Civil Procedure Jul. 15, 2004
Action Embroidery Corp. v. Atlantic Embroidery Inc.
Under Clayton Act, existence of personal jurisdiction over defendant does not depend upon existence of proper venue. 		Civil Procedure Jul. 15, 2004
McCalla v. Royal Maccabees Life Insurance Co.
Revising judgment to include mandatory prejudgment interest is considered amendment under federal rules. 		Civil Procedure Jul. 15, 2004
Jeff D. v. Kempthorne
District court continues to have jurisdiction over 20-year-old case and Eleventh Amendment does not bar enforcement of consent decrees. 		Civil Procedure Jul. 14, 2004
Sullivan v. U.S. Dept. of the Navy
District court erroneously excluded proffered testimony of plaintiff's medical expert. 		Civil Procedure Jul. 13, 2004
City Solutions Inc. v. Clear Channel Communications Inc.
Jury verdict of $9.8 million in fraud and unfair competition case is reinstated. 		Civil Procedure Jul. 13, 2004
Rojas v. Superior Court (Coffin)
Mediation privilege does not apply to raw data or 'non-derivative' evidentiary material. 		Civil Procedure Jul. 12, 2004
Hamburg v. Wal-Mart Stores Inc.
In granting defendant summary judgment based on reasonableness of time, place, manner restrictions, court failed to address false arrest issues framed by pleadings. 		Civil Procedure Jul. 12, 2004
Blackburn v. Brady
Defendant's anti-SLAPP claim fails for want of necessary prima facie showing that activity was protected. 		Civil Procedure Jul. 12, 2004
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