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Thomas F., a Minor
Juvenile court errs in refusing to permit minor from calling witnesses after it fails to order reciprocal discovery.
Civil Procedure Mar. 10, 2004
Consumer Advocates v. Echostar Satellite Corp.
Triable issues exist regarding whether satellite television service violated statutes with representations concerning number of channels and program schedule.
Civil Procedure Mar. 10, 2004
2,022 Ranch L.L.C. v. Superior Court (Chicago Title Insurance Co.)
Attorney-client privilege does not extend to otherwise unprivileged subject matter that has been communicated to attorney.
Civil Procedure Mar. 10, 2004
Sink v. Aden Enterprises Inc.
Under Federal Arbitration Act, district court isn't required to compel return to arbitration where employer previously defaulted in arbitration of same claims.
Civil Procedure Mar. 10, 2004
DeGrezia v. Superior Court (Blue Cross of California)
Arbitrator may only determine whether insurer rescinded policy.
Civil Procedure Mar. 8, 2004
Pacific Gas & Electric Co. v. Superior Court (Emery)
Court lacks subject matter jurisdiction to hear unfair competition claim against public utility.
Civil Procedure Mar. 8, 2004
Lucchesi v. Bar-O Boys Ranch
Because two claims are predicated on same wrong, plaintiffs will be entitled to equitable tolling if they satisfy California's three-pronged test.
Civil Procedure Feb. 17, 2004
City of Martinez v. Texaco Trading & Transportation Inc.
Res judicata does not apply in civil case regarding property rights' claims that were not adjudicated in prior proceedings.
Civil Procedure Feb. 17, 2004
Coleman v. Standard Life Insurance Co.
Plaintiff seeking disability benefits may assert alternative claims under ERISA and state law.
Civil Procedure Feb. 11, 2004
Kitty-Anne Music Co. v. Swan
Rule of judicial estoppel does not apply where defendant has not taken inconsistent positions or disrupted orderly administration of justice.
Civil Procedure Feb. 11, 2004
In re K.S., a Minor
Curfew violator's appeal denied.
Civil Procedure Feb. 11, 2004
Russell v. Douvan
Court may not issue prohibitory injunction unless there is finding of threat of future harm.
Civil Procedure Feb. 10, 2004
The Archdiocese of Milwaukee v. Superior Court (Paino)
Archdiocese of Milwaukee is subject to specific personal jurisdiction in California.
Civil Procedure Feb. 10, 2004
O'Connor Agency, Inc. v. Brodkin
Legal malpractice action for lost award of punitive damages is not barred by statute of limitations.
Civil Procedure Feb. 5, 2004
Marchbrook Building Co. v. Souchek
Compulsory cross-complaint rule does not apply to lawsuit that seeks to quiet title.
Civil Procedure Jan. 28, 2004
Parrott v. Mooring Townhomes Assn. Inc.
Homeowner's association that obtained voluntary dismissal of lawsuit is entitled to attorney fees.
Civil Procedure Jan. 23, 2004
Pollock v. University of Southern California
Where appellant's contentions are meritless and barred by doctrine of res judicata, appeal is frivolous and sanctions are imposed.
Civil Procedure Jan. 23, 2004
J.P. Morgan & Co. v. Superior Court (Heliotrope General Inc.)
Copper purchasers from multiple states alleging antitrust violations should not have been certified as class of plaintiffs.
Civil Procedure Jan. 23, 2004
Ruud v. U.S. Dept. of Labor
Appellate court may exercise jurisdiction over petition for review for which original jurisdiction is vested both in court of appeals and district court.
Civil Procedure Jan. 5, 2004
Kaiser v. Blue Cross of California
Lawsuit challenging denial of Medicare payments was properly dismissed for failure to exhaust administrative remedies.
Civil Procedure Jan. 5, 2004
Mattel Inc. v. Greiner & Hausser
German toy manufacturer is subject to personal jurisdiction in California based on its conducting of activities there.
Civil Procedure Dec. 31, 2003
Shively v. Bozanich
Discovery rule tolls statute of limitations for defamation actions against non-media defendants, even though initial defamation published in mass media publication.
Civil Procedure Dec. 21, 2003
Polibrid Coatings Inc. v. Superior Court (SSC Construction, Inc.)
Defendant who was brought into case several months after complaint was filed should receive adequate time to prepare summary judgment motion.
Civil Procedure Dec. 12, 2003
Quintana v. Gibson
Defendant's failure to comply with Civil Procedure Section 724.050 did not result in prejudicial error.
Civil Procedure Dec. 12, 2003
People v. Collins
Person committed as sexually violent predator is entitled to hearing for petition for conditional release.
Civil Procedure Dec. 11, 2003
Beach v. Harco National Insurance Co.
Anti-SLAPP statute does not apply to action filed against insurer for alleged bad faith in handling uninsured motorist claim.
Civil Procedure Dec. 10, 2003
Pour Le Bebe Inc. v. Guess? Inc.
Court was not required to vacate arbitration award that may have included conflict of interest by attorney.
Civil Procedure Dec. 10, 2003
People v. Ciancio
Trial court erred in requiring treatment for alleged sexually violent predators held in county jail.
Civil Procedure Dec. 8, 2003
Wang v. Hartunian
Citizen's arrest is not protected activity under anti-SLAPP statute.
Civil Procedure Dec. 5, 2003
Wolschlager v. Fidelity National Title Insurance Co.
Where preliminary report sufficiently incorporated insurance policy's arbitration clause by reference, insured is bound by agreement to arbitrate.
Civil Procedure Dec. 5, 2003