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Shooker v. Superior Court (Winnick)
Designation of party as expert witness does not automatically waive party's attorney-client privilege.
Civil Procedure Dec. 5, 2003
Glassman v. McNab
Arbitrator had jurisdiction to determine whether attorney-client relationship existed for purposes of fee dispute.
Civil Procedure Dec. 5, 2003
PBA LLC v. KPOD Ltd.
Judge abused discretion by reversing earlier finding that party was vexatious litigant when there was no change in circumstances.
Civil Procedure Dec. 4, 2003
Dixon v. Regents of the University of California
Plaintiff alleging racial discrimination against university may abandon his administrative hearing because of futility.
Civil Procedure Dec. 4, 2003
Sanchez v. City of Los Angeles
Death of defense counsel did not excuse plaintiff from requirement that case be tried within five-year period.
Civil Procedure Dec. 4, 2003
Santa Monica Rent Control Board v. Pearl Street LLC
Rent control board's lawsuit against apartment owner was not strategic lawsuit against public participation.
Civil Procedure Dec. 4, 2003
McManus v. CIBC World Markets Corp.
Arbitration agreements of securities organizations that employee was required to execute under federal and state law are enforceable.
Civil Procedure Nov. 26, 2003
Net2Phone Inc. v. Superior Court (Consumer Cause Inc.)
Consumer group suing to enforce state's business laws is bound by contract's forum selection clause.
Civil Procedure Nov. 26, 2003
Lieberman v. KCOP Television Inc.
Although secret recordings were in connection with public interest, denial of defendant's anti-SLAPP motion was proper.
Civil Procedure Nov. 26, 2003
Palmer v. Schindler Elevator Corp.
A defective offer under Code of Civil Procedure Section 998 extinguishes any prior offers.
Civil Procedure Nov. 26, 2003
Moulton Niguel Water District v. Colombo
Court was required to evaluate evidence independently to determine whether party was entitled to litigation expenses.
Civil Procedure Nov. 26, 2003
Do v. Superior Court (Nguyen)
Attorney representing client pro bono may still seek monetary sanctions for discovery violations.
Civil Procedure Nov. 21, 2003
Colt v. Freedom Communications Inc.
Lawsuit against newspaper was properly struck as strategic lawsuit against public participation.
Civil Procedure Nov. 21, 2003
Commonwealth Energy Corp. v. Investor Data Exchange Inc.
Because telemarketer was pitching product and not information of public interest, plaintiff's suit was not subject to anti-SLAPP statute.
Civil Procedure Nov. 21, 2003
Brutoco Engineering & Construction Inc. v. Superior Court (United Engineering Technology Inc.)
Court was not required to consider proposed arbitrators who were not certified by Public Works Arbitration Committee.
Civil Procedure Nov. 21, 2003
Basurco v. 21st Century Insurance Co.
Class is not certified because common questions of law and fact did not predominate and class action is not superior to individual lawsuits.
Civil Procedure Nov. 21, 2003
California Teachers Assn. v. California Commission on Teacher Credentialing
Teacher isn't entitled to addresses of witnesses named in confidential investigative report.
Civil Procedure Nov. 21, 2003
Soranno v. Clark County
Plaintiff's lawsuit against county for its failure to issue him permits for sidewalk newsracks is moot.
Civil Procedure Nov. 18, 2003
Jackson Plaza Homeowners Assn. v. Alcal Roofing and Insulation
Limitations period may be tolled during period of attempted repair of construction defects.
Civil Procedure Nov. 17, 2003
Bankston v. White
Federal employee who voluntarily dismissed administrative complaint for age bias was entitled to file lawsuit.
Civil Procedure Nov. 17, 2003
Way v. County of Ventura
Because district court did not arrive at final decision on issue of qualified immunity, appellate jurisdiction does not exist.
Civil Procedure Nov. 12, 2003
Southwestern Bell Telephone Co. v. Brooks Fiber Communications of Oklahoma
Federal court has jurisdiction to review telecommunications agreement using 'arbitrary and capricious' standard.
Civil Procedure Nov. 11, 2003
Huffy Corp. v. Superior Court (Winterthur Swiss Ins. Co.)
Party failed to show overriding interest in filing its motion under seal.
Civil Procedure Oct. 31, 2003
Universal City Studios Inc. v. Superior Court (Unity Pictures Corp.)
Contractual agreement to keep arbitration confidential is insufficient to compel court to seal litigation records.
Civil Procedure Oct. 29, 2003
Lantzy v. Centex Homes
Ten-year statute of limitations for latent construction defects is not subject to equitable tolling while promises to repair are pending.
Civil Procedure Oct. 29, 2003
Weinberg v. Feisel
Causes of action arising out of false allegations of criminal conduct are not subject to anti-SLAPP statute.
Civil Procedure Oct. 28, 2003
Bagration v. Superior Court (People)
Person subject to civil commitment as sexually violent predator cannot move for summary judgment.
Civil Procedure Oct. 28, 2003
Foster v. Carson
Court dismisses judicial budget case for mootness after funding is restored for defense counsel appointments.
Civil Procedure Oct. 28, 2003
Hernandez v. Superior Court (Acheson Industries Inc.)
Trial court has broad discretion to fashion suitable methods of practice in order to manage complex litigation.
Civil Procedure Oct. 27, 2003
Aquino v. Asiana Airlines Inc.
Federal law does not pre-empt state lawsuit arising from airline's refusal to allow elderly passenger to board plane.
Civil Procedure Oct. 26, 2003