Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B145406
|
Covenant Care Inc. v. Superior Court (Inclan)
Lawsuit alleging elder abuse by health care provider may seek punitive damages beyond two-year deadline imposed by statute. |
Civil Procedure |
|
Mar. 23, 2004 | |
B168662
|
State Farm Mutual Automobile Insurance Co. v. Superior Court (Hill)
Illinois law applies to policyholders' action that alleges company improperly withheld dividends. |
Civil Procedure |
|
Mar. 18, 2004 | |
B160389
|
City of Santa Paula v. Narula
Court strikes down appellants' argument that attorney fees award to city of Santa Paula is excessive. |
Civil Procedure |
|
Mar. 18, 2004 | |
H025443
|
Alexander v. Superior Court (The Brix Group Inc.)
Court erred in concluding that venue selection clause was binding and dispositive of question of venue. |
Civil Procedure |
|
Mar. 18, 2004 | |
C041238
|
Collins v. State Dept. of Transportation
Sanctions for submitting affidavit in bad faith during summary judgment proceeding cannot include attorney fees. |
Civil Procedure |
|
Mar. 18, 2004 | |
02-35432
|
Lierboe v. State Farm Mutual
Because sole named plaintiff has no cognizable claim, class is inadequately represented and class certification is vacated. |
Civil Procedure |
|
Mar. 17, 2004 | |
S111323
|
Saint Agnes Medical Center v. PacifiCare of California
Party to contract didn't waive its contractual right to arbitration by filing lawsuit for purpose of repudiating contract. |
Civil Procedure |
|
Mar. 16, 2004 | |
G030640
|
Kertesz v. Ostrovsky
Limitations period was tolled by respondent's petition for bankruptcy and automatic stay. |
Civil Procedure |
|
Mar. 16, 2004 | |
D040112
|
Korea Water Resources Corp. v. Lee
Because foreign country's judgment is not conclusive, superior court properly discharged attachment against defendant. |
Civil Procedure |
|
Mar. 16, 2004 | |
A102151
|
The CIT Group/Equipment Financing Inc. v. Super DVD Inc.
Right to Attach order in favor of respondents is proper because computation of damages was ascertainable from contract. |
Civil Procedure |
|
Mar. 16, 2004 | |
A102182
|
Duran v. St. Luke's Hospital
Mother alleging medical malpractice that led to death of child is barred from suing because filing fee was $3 short. |
Civil Procedure |
|
Mar. 15, 2004 | |
A099383
|
People v. Krah
Court had jurisdiction to commit convicted child molester as sexually violent predator. |
Civil Procedure |
|
Mar. 15, 2004 | |
H025229
|
People v. Superior Court (Cooper)
Legislature did not intend for relitigated motions grounded on review of suppression-motion denial to be included within Penal Code Section 1538.5(p). |
Civil Procedure |
|
Mar. 15, 2004 | |
G031407
|
Thomson v. Anderson
Corporations Code Section 31420 is service of process statute and does not create independent basis for personal jurisdiction. |
Civil Procedure |
|
Mar. 15, 2004 | |
B162846
|
Taylor v. Lockheed Martin Corp.
Arbitration provision in collective bargaining agreement is not enforceable where there is no clear waiver of right to file suit. |
Civil Procedure |
|
Mar. 15, 2004 | |
F039948
|
Genesis Environmental Services v. San Joaquin Valley Unified Air Pollution Control District
Independent contractor may sue pollution control district for equal protection violation. |
Civil Procedure |
|
Mar. 15, 2004 | |
C040937
|
People v. Therrian
Expert testimony regarding use of Static-99 test on sexually violent predator was not subject to admissibility hearing. |
Civil Procedure |
|
Mar. 15, 2004 | |
B154584
|
Murphy v. BDO Seidman
In most instances, shareholders' complaint alleging accounting misfeasance stated facts sufficient to constitute cause of action. |
Civil Procedure |
|
Mar. 15, 2004 | |
A097435
|
Garamendi v. Golden Eagle Insurance Co.
Judgment against party who participated in litigation until trial was not entered by default. |
Civil Procedure |
|
Mar. 15, 2004 | |
B158393
|
Roberti v. Andy's Termite & Pest Control Inc.
Medical experts' opinion testimony regarding causation of plaintiff's autism is not subject to admissibility test of 'People v. Kelly.' |
Civil Procedure |
|
Mar. 15, 2004 | |
D041783
|
Global Minerals & Metals Corporation v. Superior Court (National Metals Inc.)
Class action certification order is vacated due to existence of potential conflicts of interest between class members. |
Civil Procedure |
|
Mar. 15, 2004 | |
H023828
|
Nicholson v. Fazeli
Cross-complaint originating in a marriage dissolution action may form basis for malicious prosecution action. |
Civil Procedure |
|
Mar. 15, 2004 | |
00-16532
|
Earthquake Sound Corp. v. Bumper Industries
Manufacturer of car audio products that willfully infringed trademark is liable for attorney fees. |
Civil Procedure |
|
Mar. 11, 2004 | |
02-16397
|
Wagner v. Professional Engineers in California Government
Union nonmembers are judicially estopped from pursuing claim that union improperly categorized certain activities as representational. |
Civil Procedure |
|
Mar. 11, 2004 | |
02-16696
|
Lion Raisins Inc. v. U.S. Dept. of Agriculture
Raisin manufacturer being investigated for falsifying documents may seek disclosure of investigation records. |
Civil Procedure |
|
Mar. 11, 2004 | |
02-55330
|
U.S. v. $100,348 in U.S. Currency
Possessor of seized currency has standing to challenge forfeiture as excessive fine under Eighth Amendment. |
Civil Procedure |
|
Mar. 11, 2004 | |
02-16646
|
Nardi v. Stewart
Court lacks authority to sua sponte dismiss habeas petition as time-barred after state files answer failing to raise statute of limitations defense. |
Civil Procedure |
|
Mar. 11, 2004 | |
02-35262
|
Independent Towers of Washington v. State of Washington
State's regulation of towing operators is not pre-empted by federal law. |
Civil Procedure |
|
Mar. 11, 2004 | |
D040271
|
Rosales v. Battle
Woman who lived with motorist killed in traffic accident lacked standing to sue for wrongful death. |
Civil Procedure |
|
Mar. 10, 2004 | |
B171121
|
Bensimon v. Superior Court (Tarrant Apparel Group)
Motion for reconsideration does not extend jurisdictional time for writ petition when trial court has denied motion for summary judgment. |
Civil Procedure |
|
Mar. 10, 2004 |