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Coutee v. Barington Capital Group LP
Arbitration award against investment firm that traded clients' retirement accounts without permission is affirmed.
Civil Procedure Oct. 10, 2003
Baker-Hoey v. Lockheed Martin Corp.
Ordinary witness fees do not include physician's reasonable and customary hourly or daily fees which must be paid in order to take deposition.
Civil Procedure Oct. 10, 2003
Finney v. Gomez
Trial court improperly awarded more damages than plaintiff requested.
Civil Procedure Oct. 10, 2003
California Psychiatric Transitions Inc. v. Delhi County Water District
Lawsuit against water district alleging excessive connection fee was time-barred.
Civil Procedure Oct. 10, 2003
Appling v. State Farm Mutual Automobile Insurance Co.
Because of inconsistent prior judgments, court correctly exercised its discretion by refusing to apply offensive non-mutual collateral estoppel.
Civil Procedure Oct. 9, 2003
Traditional Cat Assn. Inc. v. Gilbreath
Court abused discretion by denying attorney fees to parties who successfully defended copyright lawsuit.
Civil Procedure Oct. 9, 2003
Ansley v. Ameriquest Mortgage Co.
Because federal Alternative Mortgage Transaction Parity Act doesn't completely pre-empt all California laws relating to alternative mortgage transaction, court lacks jurisdiction.
Civil Procedure Oct. 9, 2003
Lawrence v. United States
Federal agents are entitled to immunity where they reasonably determined drug-trafficking felon needn't be prohibited from working with juveniles.
Civil Procedure Oct. 9, 2003
U.S. v. Chase
Dangerous-patient exception does not apply to federal psychotherapist-patient privilege.
Civil Procedure Oct. 9, 2003
Lippett v. Raymond James Financial Services Inc.
Case is remanded to state court because plaintiff's claim is not pre-empted nor does it rely on federal law.
Civil Procedure Oct. 9, 2003
Greene v. Sprint Communications Co.
There is no private right of action to recover damages for violation of FCC regulations promulgated under Section 276 of Telecommunications Act.
Civil Procedure Oct. 9, 2003
Circuit City Stores Inc. v. Mantor
Corporation's arbitration agreement is unconscionable under California contract law.
Civil Procedure Oct. 8, 2003
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to strike under anti-SLAPP statute.
Civil Procedure Oct. 8, 2003
Miller v. Gammie
District court didn't err in ordering limited discovery regarding functions of social workers to determine if social workers were entitled to absolute immunity.
Civil Procedure Oct. 7, 2003
Zaputil v. Cowgill
Military reservist is barred from bringing action for civil damages against military personnel who allegedly wrongly revoked her discharge.
Civil Procedure Oct. 7, 2003
City of Saint Paul v. Evans
Claims that were time-barred could not be asserted as affirmative defenses to counterclaims.
Civil Procedure Oct. 7, 2003
Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Desert Valley Landscape & Maintenance Inc.
Because federal claim was not dismissed, exercise of discretion to decline supplemental jurisdiction was not authorized.
Civil Procedure Oct. 7, 2003
Batzel v. Smith
Operator of Internet listserv may be liable for publishing defamatory email sent by third party.
Civil Procedure Oct. 7, 2003
Shamsian v. Atlantic Richfield Co.
Plaintiff alleging violation of drinking water act must bring suit within one-year limitations period.
Civil Procedure Oct. 3, 2003
Luri v. Greenwald
Party that failed to file opposition to summary judgment motion was not entitled to mandatory relief for attorney's neglect.
Civil Procedure Oct. 3, 2003
Mills v. Forestex Co.
No triable issues of fact exist to warrant equitable tolling of limitations period.
Civil Procedure Oct. 2, 2003
Golfland Entertainment Centers Inc. v. Superior Court (Nunez)
Discovery order which prohibited mental examiner from eliciting 'narrative' responses was improper.
Civil Procedure Oct. 2, 2003
Lomeli v. Dept. of Corrections (State Personnel Board)
Petitioner's writ to compel California Dept. of Corrections to comply with administrative order was not premature.
Civil Procedure Oct. 2, 2003
Haney v. City of Los Angeles
Police officer's discharge for having unauthorized barbecue on Memorial Day was within statute of limitations.
Civil Procedure Oct. 2, 2003
Black Diamond Asphalt Inc. v. Superior Court (California Insurance Guarantee Assn.)
Venue is permitted in county where obligation that plaintiff seeks to enforce is strictly statutory.
Civil Procedure Oct. 2, 2003
Simms v. NPCK Enterprises Inc.
Plaintiffs did not waive right to arbitration by filing lawsuit and seeking restraining order against defendant.
Civil Procedure Oct. 2, 2003
Camarillo v. Vaage
Malpractice claim against unknown defendant is tolled where Code of Civil Procedure Section 364 notice is properly sent to known potential defendants.
Civil Procedure Oct. 2, 2003
Fittante v. Palm Springs Motors Inc.
Agreement that bound employee to arbitrate dispute against employer was enforceable.
Civil Procedure Oct. 1, 2003
Service Employees International Union v Daughters of Charity Health Systems, Inc.
District court erred in dismissing union's case for lack of subject matter jurisdiction and failure to state claim.
Civil Procedure Sep. 30, 2003
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to motion to strike.
Civil Procedure Sep. 29, 2003