Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B156158
|
Northwest Airlines, Inc. v. Ontario Aircraft Services Inc.
Insurer's failure to advise of applicable limitations period estopped them from later asserting similar defense. |
Civil Procedure |
|
Sep. 26, 2003 | |
F034334
|
Lund v. San Joaquin Valley Railroad
Under Federal Employers' Liability Act, award of prejudgment interest to injured employee isn't unauthorized award of damages. |
Civil Procedure |
|
Sep. 24, 2003 | |
F038251
|
Peracchi v. Superior Court (People)
Court errs in denying motion to disqualify trial judge, following appeal and remand for resentencing, when he was original judge in previous trial. |
Civil Procedure |
|
Sep. 24, 2003 | |
01-16558
|
Albingia Versicherungs A.G. v. Schenker International Inc.
District court had supplemental jurisdiction of state claims after federal question which justified removal disappeared. |
Civil Procedure |
|
Sep. 23, 2003 | |
01-15630
|
Kyocera Corp. v. Prudential-Bache Trade Services Inc.
Private parties have no authority to expand allowable review of arbitration awards under Federal Arbitration Act. |
Civil Procedure |
|
Sep. 9, 2003 | |
01-56879
|
Southern California Edison v. Lynch
Wholesale generators may not intervene as matter of right based on claim against third-party debtor. |
Civil Procedure |
|
Aug. 26, 2003 | |
00-55585
|
Bianchi v. Rylaarsdam (Bank of America National Trust & Savings Assn.)
Federal district court does not have subject matter jurisdiction to hear appeal from final judgment of state court. |
Civil Procedure |
|
Aug. 19, 2003 | |
B159465
|
Zapanta v. Universal Care Inc.
Court improperly granted summary judgment motion where plaintiffs voluntarily filed request for dismissal. |
Civil Procedure |
|
Aug. 19, 2003 | |
D039059
|
Iliff v. Dustrud
Application for renewal of default judgment was timely within 10-year period. |
Civil Procedure |
|
Aug. 19, 2003 | |
F038524
|
Muccianti v. Willow Creek Care Center
Motion to vacate judgment is not granted where interests of nonparties and public would be adversely affected. |
Civil Procedure |
|
Aug. 19, 2003 | |
S101003
|
Cruz. v. Pacificare Health Systems Inc.
Claims under Consumer Legal Remedies Act to enjoin unfair competition and misleading advertising are not arbitrable. |
Civil Procedure |
|
Aug. 19, 2003 | |
01-57218
|
Carpinteria Valley Farms v. The County of Santa Barbara
Plaintiff's claims against county aren't takings claims, but are 42 U.S.C. Section 1983 claims ripe for review. |
Civil Procedure |
|
Aug. 18, 2003 | |
B160942
|
Nutrition Now, Inc. v. Superior Court (Cappseals Inc.)
Court may determine whether out-of-state settlement was reached in good faith for purposes of equitable allocation among joint tortfeasors. |
Civil Procedure |
|
Aug. 13, 2003 | |
B150315
|
Stern v. Superior Court (Getz, Krycler & Jakubovits)
Trial court, without providing notice and opportunity to present opposition, erroneously ordered action reclassified as limited civil case. |
Civil Procedure |
|
Aug. 13, 2003 | |
G027949
|
Diamond Woodworks Inc. v. Argonaut Insurance Co.
Punitive damages award of $5.5 million does not comport with due process. |
Civil Procedure |
|
Aug. 12, 2003 | |
S090136
|
Geneva Towers LP v. City and County of San Francisco
Statute of limitations to sue city that fails to respond to request for property-tax refund is six months. |
Civil Procedure |
|
Aug. 12, 2003 | |
G030520
|
Kalai v. Gray
There is no waiver of right to arbitrate by filing suit in court; attorney fees must be awarded per arbitration agreement. |
Civil Procedure |
|
Aug. 11, 2003 | |
B156294
|
Kahn v. Lasorda's Dugout Inc.
Trial court should have considered whether to accept copies of documents rather than originals at default prove-up hearing. |
Civil Procedure |
|
Aug. 11, 2003 | |
S104997
|
Palmer v. GTE California Inc.
Service of copy of file-stamped judgment triggers time period to seek new trial or judgment notwithstanding verdict. |
Civil Procedure |
|
Aug. 11, 2003 | |
01-16964
|
Celaya v. Halter
Administrative law judge failed to meet obligation to develop record regarding claimant's obesity in proceeding for Social Security benefits. |
Civil Procedure |
|
Aug. 3, 2003 | |
B157913
|
First American Title Co. v. Mirzaian
Court clerk's entry of default and denial of motion to set aside clerk's entry of default is not appealable. |
Civil Procedure |
|
Jul. 30, 2003 | |
A097110
|
Cossman v. DaimlerChrysler Corp.
Code of Civil Procedure Section 361 bars tort action which accrued in another state and plaintiff is non-resident. |
Civil Procedure |
|
Jul. 29, 2003 | |
B164375
|
Parris v. Superior Court (Lowe's H.I.W. Inc.)
Precertification communication with potential plaintiffs of class action does not require court approval. |
Civil Procedure |
|
Jul. 28, 2003 | |
B164245
|
Eisendrath v. Superior Court (Rogers)
Communications made during confidential mediation cannot be disclosed without express waiver of parties. |
Civil Procedure |
|
Jul. 28, 2003 | |
F040990
|
Twedt v. Franklin
Incorporation by attachment of written transcript that specifies reasons for grant of new trial complies with procedural requirements. |
Civil Procedure |
|
Jul. 28, 2003 | |
F040652
|
Oldham v. California Capital Fund Inc.
Without sufficient information, superior court could not have properly exercised its discretion in approving settlement. |
Civil Procedure |
|
Jul. 28, 2003 | |
B162707
|
Pfeiffer Venice Properties v. Superior Court (Bernard)
Post-appeal peremptory challenges are available to both appellants and respondents. |
Civil Procedure |
|
Jul. 25, 2003 | |
A097905
|
In re Vitamin Cases
Code of Civil Procedure Section 384 does not preclude cy pres recovery in class action settlement. |
Civil Procedure |
|
Jul. 25, 2003 | |
02-16161
|
Plata v. Davis
Order dealing with composition of plaintiff class in class action suit was not immediately appealable. |
Civil Procedure |
|
Jul. 23, 2003 | |
01-16427
|
Yamamoto v. Bank of New York
Court has discretion to modify sequence of recission events under Truth in Lending Act. |
Civil Procedure |
|
Jul. 23, 2003 |