Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B165218
|
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 | |
E033737
|
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 | |
B157527
|
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 | |
B162513
|
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 | |
A097873
|
In re Renderos
Prosecution was not barred from applying extension to existing statute of limitations under newly enacted law. |
Civil Procedure |
|
Jul. 22, 2004 | |
S111253
|
MacDonald v. Gutierrez
Unsworn statement by arresting officer is admissible in administrative per se review hearing conducted by DMV. |
Civil Procedure |
|
Jul. 22, 2004 | |
B168117
|
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 | |
C038678
|
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 | |
B159815
|
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 | |
F042967
|
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 | |
C045847
|
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 | |
E031426
|
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 | |
02-16594
|
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 | |
02-57049
|
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 | |
02-16543
|
Irwin v. Mascott
Debt collector is liable for violating injunction against sending misleading collection letters. |
Civil Procedure |
|
Jul. 21, 2004 | |
03-16553
|
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 | |
02-35550
|
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 | |
C041513
|
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 | |
02-16754
|
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 | |
02-72249
|
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 | |
02-56522
|
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 | |
03-35050
|
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 | |
02-56770
|
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 | |
02-17051
|
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 | |
00-35948
|
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 | |
02-57006
|
Sullivan v. U.S. Dept. of the Navy
District court erroneously excluded proffered testimony of plaintiff's medical expert. |
Civil Procedure |
|
Jul. 13, 2004 | |
03-15249
|
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 | |
B158391
|
Rojas v. Superior Court (Coffin)
Mediation privilege does not apply to raw data or 'non-derivative' evidentiary material. |
Civil Procedure |
|
Jul. 12, 2004 | |
A101829
|
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 | |
D042010
|
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 |