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Norita v. Commonwealth of the Northern Mariana Islands
In suit by officials to recover overtime pay, court determines Commonwealth of Northern Mariana Islands isn't entitled to sovereign immunity defense.
Civil Procedure Jul. 22, 2003
Union Oil Co. of California v. Terrible Herbst Inc.
Withholding assertion of non-frivolous claim in reliance on agreement is consideration to support contract; court abused discretion by granting new trial.
Civil Procedure Jul. 22, 2003
Du Charme v. International Brotherhood of Electrical Workers, Local 45
Defendant's statements about plaintiff that did not occur in context of ongoing controversy or discussion are not covered by anti-SLAPP statute.
Civil Procedure Jul. 8, 2003
Vick v. DaCorsi
Settlement offer without apportionment was valid despite being made to married couple jointly.
Civil Procedure Jul. 8, 2003
Consumer Justice Center v. Trimedica International Inc.
Commercial speech regarding product as natural alternative to breast implants is not public issue within meaning of anti-SLAPP statute.
Civil Procedure Jun. 25, 2003
1-800 Contacts Inc. v. Steinberg
Contact lens vendor's claims against optometrist were properly struck under anti-SLAPP law.
Civil Procedure Jun. 25, 2003
Corona v. Amherst Partners
Where prevailing party did not request that arbitrator decide issue of attorney fees and costs, trial court may not make such awards.
Civil Procedure Jun. 25, 2003
Woodside Homes of California Inc. v. Superior Court (Fogler)
Provision requiring homebuyers who sue builder to submit dispute to judicial reference is enforceable.
Civil Procedure Jun. 25, 2003
Chateau des Charmes Wines Ltd. v. Sabate USA Inc.
Dismissal of action was abuse of discretion where forum selection clauses in invoices were not part of international sales contracts.
Civil Procedure Jun. 24, 2003
Zhang v. Dept. of Labor & Immigration
District court erred by giving preclusive effect to Commonwealth of Northern Mariana Islands Supreme Court's decision regarding statute of limitations.
Civil Procedure Jun. 24, 2003
Duk v. MGM Grand Hotel Inc.
Because second verdict was reconcilable with first verdict, it was valid and court abused its discretion by ordering new trial.
Civil Procedure Jun. 16, 2003
G.C. and K.B. Investments Inc. v. Wilson
District court properly had jurisdiction to enter judgment confirming default arbitration award.
Civil Procedure Jun. 16, 2003
Miles v. State of California
Court properly awarded costs to state following dismissal of lawsuit based on Eleventh Amendment immunity.
Civil Procedure Jun. 15, 2003
Cordoza v. Pacific States Steel Corp.
Terminated special master may not appeal orders that fail to qualify as collateral order exception.
Civil Procedure Jun. 15, 2003
Beck v. The Boeing Co.
Petition to review class action certification order is timely because Saturdays, Sundays and legal holidays are excluded from 10-day deadline.
Civil Procedure Jun. 15, 2003
Feldman v. Allstate Insurance Co.
Broad selective waiver rule does not apply to California's law of marital communications privilege.
Civil Procedure Jun. 11, 2003
Beneficial National Bank v. Anderson
Usury claim against national bank is governed solely by federal law and therefore removable to federal court.
Civil Procedure Jun. 10, 2003
EIE Guam Corp. v. Long Term Credit Bank of Japan Ltd.
Foreign sovereign who was voluntarily joined as defendant may have case removed from territorial court to federal court.
Civil Procedure Jun. 10, 2003
National Park Hospitality Assn. v. Dept. of the Interior
Concessioners' challenge to validity of National Park Service regulation is not ripe for judicial resolution.
Civil Procedure Jun. 3, 2003
Connecticut General Life Insurance Co. v. New Images of Beverly Hills
Preliminary injunction that froze assets alleged to be related to insurance fraud scheme was properly granted.
Civil Procedure May 30, 2003
Arakaki v. Cayetano
Native Hawaiians were not entitled to intervene in lawsuit regarding provision of state benefits.
Civil Procedure May 30, 2003
Mann v. American Airlines
District court had discretion to extend time to serve process after 120-day period expired.
Civil Procedure May 30, 2003
State of California v. Campbell
Genuine issue of material fact exists as to whether Louisiana-Pacific Corp. was source of groundwater contamination in Chico, California.
Civil Procedure May 29, 2003
Meredith v. State of Oregon
Appellate court has jurisdiction to review district court's denial of motion to dismiss based on abstention.
Civil Procedure May 29, 2003
Moreno v. Sanchez
Statutory period to sue home inspector for faulty inspection does not begin until buyer discovers defect.
Civil Procedure May 27, 2003
Navellier v. Sletten
Claims protected by litigation privilege do not have minimal merit required to survive Code of Civil Procedure Section 425.16 motion.
Civil Procedure May 21, 2003
City of Half Moon Bay v. Superior Court (Yamagiwa)
California Coastal Commission did not have appellate jurisdiction to modify permit approval which was issued solely to comply with court order.
Civil Procedure May 21, 2003
Eichenbaum v. Alon
Court may award sanctions to defendant even after plaintiff has lawsuit dismissed with prejudice.
Civil Procedure May 21, 2003
Timney v. Lin
Illegal forfeiture provision included in settlement agreement is unenforceable.
Civil Procedure May 21, 2003
The Legacy Group v. City of Wasco
Developer suing for breach of development agreement is not subject to statute of limitations of Subdivision Map Act.
Civil Procedure May 21, 2003