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Thompson v. Miller
Court erred in denying defendant's motion for attorney fees and in denying expert fees. 		Civil Procedure Oct. 26, 2003
Champion Produce Inc. v. Ruby Robinson Co. Inc.
Party that refused settlement offer and then obtained judgment for lesser amount is liable for post-offer costs. 		Civil Procedure Oct. 22, 2003
Meyer v. Ameriquest Mortgage Co.
Right to rescind contract expires when property is sold; damages provision leaves sole cause of action, one year statute of limitations has expired. 		Civil Procedure Oct. 21, 2003
Theofel v. Farey-Jones
Defendants violated federal electronic privacy statute when they used patently unlawful subpoena to gain access to plaintiffs' e-mail. 		Civil Procedure Oct. 21, 2003
Noel v. Hall
Pending suit in state superior court does not prevent plaintiff from pursuing fiduciary duty claim simultaneously in federal court. 		Civil Procedure Oct. 21, 2003
Gator.com Corp. v. L.L. Bean Inc.
District court had jurisdiction over retailer that conducted extensive mail-order and internet business within state. 		Civil Procedure Oct. 21, 2003
Swedberg v. Marotzke
Plaintiff's opposition to defendant's motion to dismiss did not automatically convert to summary judgment motion. 		Civil Procedure Oct. 17, 2003
State Engineer v. United States
Doctrine of prior exclusive jurisdiction gives state court that adjudicates water decree exclusive jurisdiction over its administration. 		Civil Procedure Oct. 16, 2003
Adams v. Pacific Bell Directory
Law of case doctrine permits state appellate court to follow 9th Circuit determination that employees' claims aren't pre-empted by federal law. 		Civil Procedure Oct. 15, 2003
Alan v. Superior Court (UBS PaineWebber Inc.)
Where forum selected for arbitration declines to hear matter, dispute is to be tried in court unless out-of-state location is proper. 		Civil Procedure Oct. 15, 2003
City of Long Beach v. California Citizens for Neighborhood Empowerment
Anti-SLAPP statute does not apply to city's enforcement action against organization alleged to have violated municipal codes. 		Civil Procedure Oct. 15, 2003
USS-Posco Industries v. Edwards
Employer may seek restraining order on behalf of employee who was not specifically targeted by harasser. 		Civil Procedure Oct. 15, 2003
M. Perez Co. Inc. v. Base Camp Condominiums Assn. No. One
Party who unsuccessfully sought attorney fees is not necessarily liable for such fees to opposing party. 		Civil Procedure Oct. 15, 2003
Carafano v. Metrosplash.com Inc.
Commercial Internet dating service is immune from liability for false content provided by unknown third party. 		Civil Procedure Oct. 15, 2003
Lockheed Martin Corp. v. Superior Court (Carrillo)
In toxic tort action, plaintiffs fail to qualify for class certification of a 'medical monitoring' class and 'punitive damage' class. 		Civil Procedure Oct. 14, 2003
United States v. Marshall
Proper date for determining value of forfeited property is when government sold it. 		Civil Procedure Oct. 14, 2003
Punsly v. Ho
Mother who prevailed in visitation dispute is not entitled to attorney fees under 'private attorney general' theory. 		Civil Procedure Oct. 14, 2003
Allstate Insurance Co. v. Hughes
Federal court lacked diversity jurisdiction to hear lawsuit brought by insurer against home seller. 		Civil Procedure Oct. 14, 2003
Kelton Arms Condominium Owners Assn. Inc., v. Homestead Insurance Co.
District court did not have authority to remand case sua sponte for procedural defect under 28 U.S.C. Section 1447(c). 		Civil Procedure Oct. 14, 2003
Tuchscher Development Enterprises Inc. v. San Diego Unified Port District
Real estate developer's lawsuit against port district was properly struck under anti-SLAPP law. 		Civil Procedure Oct. 13, 2003
Gryczman v. 4550 Pico Partners, Ltd.
Delayed discovery rule applies to toll statute of limitations in breach of contract action. 		Civil Procedure Oct. 13, 2003
Scott Co. of California v. United States Fidelity & Guaranty Insurance Co.
Settlement offer made pursuant to Code of Civil Procedure Section 998 doesn't automatically exonerate sureties for liability. 		Civil Procedure Oct. 13, 2003
Planned Parenthood Golden Gate v. Foti
Demonstrators may challenge application of injunction prohibiting obstruction of abortion clinic. 		Civil Procedure Oct. 13, 2003
Leamon v. Krajkiewcz
Contractual provision that established conditions to recovery of attorney fees was valid. 		Civil Procedure Oct. 13, 2003
Hogar Dulce Hogar v. Community Development Commission of the City of Escondido
Discovery rule tolling statute of limitations is inapplicable where no individual asserts loss and public entity's statutory violation is disclosed in public records. 		Civil Procedure Oct. 13, 2003
Newton v. Clemons
County's hospital lien subject to 50 percent limitation of Civil Code; statutory lien is not remedy for enforcing reimbursement agreement. 		Civil Procedure Oct. 13, 2003
Redevelopment Agency of the City of San Diego v. San Diego Gas & Electric Co.
Redevelopment agency has standing to bring civil action for order compelling responsible part to remedy environmental contamination. 		Civil Procedure Oct. 13, 2003
Gans v. Smull
Code of Civil Procedure Section 12a does not apply to acts governed solely by contractual provisions. 		Civil Procedure Oct. 13, 2003
Turner v. Superior Court (People)
Jury's finding that defendant is not sexually violent predator requires state to present evidence of changed circumstances in subsequent hearing. 		Civil Procedure Oct. 13, 2003
Little v. Auto Stiegler Inc.
Minimum requirements for arbitration of unwaivable statutory claims apply also to claim that employee was terminated in violation of public policy. 		Civil Procedure Oct. 13, 2003
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