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McClellan v. Northridge Park Townhome Owners Association, Inc.
Court properly adds corporation as party to judgment when substantial evidence of its successor liability exists.
Civil Procedure Jul. 9, 2001
Brown v. Industrial Commission of Arizona
Award of supportive care benefits may not be relitigated unless change occurs in physical condition or medical procedures.
Civil Procedure Jul. 5, 2001
O'Connor v. Washington State Dept. of Social and Health Services
Disclosure under Public Records Act is required even during litigation if records could be obtained through civil court discovery rules.
Civil Procedure Jul. 2, 2001
Lundy v. Ford Motor Co.
Court's incorrect definition of 'substantially' is reversible error.
Civil Procedure Jul. 2, 2001
American Cemwood Corp. v. American Home Assurance Co.
Defendant seeking to remove case to more convenient forum must show that all defendants may be served in alternate forum.
Civil Procedure Jul. 2, 2001
Ajida Technologies Inc. v. Roos Instruments Inc.
Parties' duty to arbitrate arising from joint agreement survives termination of the agreement.
Civil Procedure Jul. 2, 2001
Pichly v. Nortech Waste LLC
Employment contract containing binding arbitration clause isn't unconscionable because employee is not in weaker position.
Civil Procedure Jul. 2, 2001
City of San Diego v. Dunkl
SLAPP motion is moot once opposing party prevails on legal questions presented for resolution.
Civil Procedure Jul. 1, 2001
Rufo v. Simpson
Trial court didn't' err in admitting and excluding evidence, and damage awards aren't excessive in civil actions against O.J. Simpson.
Civil Procedure Jul. 1, 2001
C.J.A. Corp. v. Trans-Action Financial Corp.
Second deed of trust holder cannot change remedy to money judgment after obtaining judgment of judicial foreclosure.
Civil Procedure Jul. 1, 2001
Carole Ring & Assoc. v. Nicastro
Pursuant to statute, prevailing party is entitled to post-arbitration attorney fees and costs, notwithstanding arbitrator's denial of same at arbitration
Civil Procedure Jul. 1, 2001
Stewart v. Colonial Western Agency Inc.
Court didn't err in imposing sanctions against attorney who advised client to refuse to answer questions that could lead to admissible evidence.
Civil Procedure Jun. 29, 2001
Basich v. Allstate Insurance Co.
Court properly applies clear-and-convincing standard to evaluate evidence submitted to rebut opponent's motion for summary adjudication on punitive damages issue.
Civil Procedure Jun. 29, 2001
Traverso v. Dept. of Transportation
Cause of action based on Caltrans revocation of permits for billboards canceled over 25 years ago is barred by statutes of limitation.
Civil Procedure Jun. 29, 2001
Motion Picture and Television Fund Hospital v. Superior Court (Lopez)
Statutory time period for filing peremptory challenge to newly assigned direct calendar judge begins when parties receive notice of assignment.
Civil Procedure Jun. 28, 2001
U.S. v. Clymore
Conclusive evidence that seized property was used in drug crime must be established before court allows equitable tolling of statue of limitations.
Civil Procedure Jun. 28, 2001
Matosantos Commercial Corp. v. Applebee's International, Inc.
Collateral estoppel bars claim where same issues are brought before court and party had full opportunity to litigate in prior action.
Civil Procedure Jun. 28, 2001
Visionshape Inc. v. Kofax Image Products Inc.
Court properly sustains demurrer without leave to amend when, among other things, plaintiff's first and second causes of action do not meet pleading requirements.
Civil Procedure Jun. 28, 2001
Kaczorowski v. Board of Supervisors for the County of Mendocino (Perry)
Court does not abuse discretion in denying petition based on absence of indispensable party that could not be joined.
Civil Procedure Jun. 28, 2001
Howard Gunty Profit Sharing Plan v. Superior Court (In re Greenwood)
Lower court must determine whether abuse of class action process justifies limiting solicitation of potential plaintiffs.
Civil Procedure Jun. 28, 2001
Brehm Communities v. Superior Court (In re Caldwell)
Court may not approve settlement until parties establish value of nonmonetary assets to be transferred.
Civil Procedure Jun. 28, 2001
Embarcadero Municipal Improvement District v. County of Santa Barbara
City improvement district cannot challenge County's property tax allocation agreement because it has no special interest beyond that of public at large.
Civil Procedure Jun. 28, 2001
Rosenaur v. Scherer
Defamation claims properly stricken when plaintiff fails to show that defendants acted with malice and other speech constitutionally protected.
Civil Procedure Jun. 28, 2001
Newhall Land and Farming Co. v. McCarthy Construction
In condominium construction defect suit, subcontractor that was not involved in initial construction was properly granted summary judgment.
Civil Procedure Jun. 28, 2001
Jobe v. The City of Orange (Lutheran High School Asso. of Orange County)
Private school denied award of attorney fees because school had significant pecuniary interest in defending challenge to its expansion.
Civil Procedure Jun. 28, 2001
John v. United States
The 9th U.S. Circuit Court of Appeals sitting en banc upholds judgment of federal district court.
Civil Procedure Jun. 28, 2001
Doran v. Magan
Order denying motion for entry of judgment and satisfaction is not final order which may be appealed.
Civil Procedure Jun. 28, 2001
Leake v. Superior Court (People)
Civil Discovery Act of 1986 applies to Sexually Violent Predator Act proceedings.
Civil Procedure Jun. 28, 2001
The TJX Companies v. Superior Court (Burchard)
Parties are entitled to oral hearing before disposition on whether requirements for class action are met.
Civil Procedure Jun. 28, 2001
Benedict v. Danner Press
Defendant isn't precluded from relief from entry of default judgment although defendant and his counsel are partially responsible.
Civil Procedure Jun. 28, 2001