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Name Category Published
Daniels v. Philip Morris Co.
Each member of class action suit must meet element in controversy requirement, despite Judicial Improvement Act's creation of supplemental jurisdiction. 		Civil Procedure May 24, 2001
Mora v. Phoenix Indemnity Insurance Co.
Insurer does not forfeit right to intervene in damages hearing when it breaches its duty to give equal consideration to settlement offer. 		Civil Procedure May 23, 2001
Major League Baseball Players Assoc. v. Garvey
Court of appeals errors in overturning arbitrator's award because it disagreed with arbitrator's factual findings. 		Civil Procedure May 23, 2001
Pounds v. Department of Interior
Order 		Civil Procedure May 23, 2001
Wilkins v. Colorado Department of Social Services Division of Vacational Rehabilitation
Order 		Civil Procedure May 23, 2001
Moore v. Whitman County
County must meet population requirements or choose compliance with Growth Management Act to come under jurisdiction of hearings board. 		Civil Procedure May 22, 2001
Haywood v. Aranda
Plaintiffs cannot object to defendants' failure to file proof of service of request for trial after trial has taken place. 		Civil Procedure May 22, 2001
United International Holdings v. The Wharf (Holdings) Limited
Substantial and non-frivolous federal claims permits court to exercise supplemental jurisdiction over related state claims. 		Civil Procedure May 21, 2001
Kucera v. State of Washington
Court may not issue injunction limiting speed of passenger ferry without first finding that claimants had inadequate remedy at law. 		Civil Procedure May 21, 2001
Broad v. Mannesmann Anlagenbau Ag
Service of process upon foreign party need not occur within 90 day statute of limitations if document is transmitted to central authority. 		Civil Procedure May 21, 2001
Lockheed Martin Corp. v. Superior Court (Carrillo)
Class certification requires sufficient community of interest among class members seeking 'medical monitoring' from defendants that allegedly contaminated city's groundwater. 		Civil Procedure May 20, 2001
Kirkham v. Smith
Misrepresentation claim under Franchise Investment Protection Act should be evaluated using preponderance of evidence standard rather than clear, cogent and convincing standard. 		Civil Procedure May 20, 2001
Snohomish County v. Somers
Superior court lacks jurisdiction to hear petition alleging county failed to comply with Growth Management Act. 		Civil Procedure May 18, 2001
Beeghly v. Mack (In re Beeghly)
Trial court may not enter default judgment for possession based solely on failure to post bond under forcible entry and detainer statute. 		Civil Procedure May 18, 2001
General Electric Capital Auto Financial Services Inc. v. Superior Court (Harris)
Appellate division of superior court has jurisdiction to review small claims postjudgment order. 		Civil Procedure May 18, 2001
Barker v. Brown & Williamson Tobacco Corp.
Amendments to Civil Code in 1997 revoking tobacco company's immunity do not revive wrongful death action otherwise barred by statute of limitations. 		Civil Procedure May 18, 2001
Jun v. Myers
Court does not have discretion to deny motion to sue receiver and motion to intervene in underlying action by determining claim lacks merit. 		Civil Procedure May 18, 2001
Cox v. Spangler
Under 'collateral source rule' court can exclude evidence of plaintiff's receipt of industrial insurance benefits for injuries sustained in prior accident. 		Civil Procedure May 17, 2001
Dupont v. Dupont
Interest on support obligation payable in installments accrues when installment becomes due and not on entire amount from date of entry. 		Civil Procedure May 17, 2001
Condee v. Longwood Management Corp.
Arbitration agreement must be shown to exist for petition to compel arbitration, but it need not be authenticated before enforceability is determined. 		Civil Procedure May 17, 2001
Grynberg Production Corp. v. Godfrey
Order 		Civil Procedure May 16, 2001
Tri-West Insurance Services Inc. v. Seguros Monterey Aetna
Personal jurisdiction can't be asserted over Mexican insurer that provides coverage for goods transported by Mexican clothing manufacturer to California. 		Civil Procedure May 16, 2001
Shalala v. Illinois Council on Long Term Care Inc.
Challenge to Medicare regulations must be reviewed through special administrative channels, not by federal courts. 		Civil Procedure May 16, 2001
Wilner v. Sunset Life Insurance Co.
Court may not sustain insurance company's demurrer to class action lawsuit when insured's complaint adequately alleges existence of ascertainable class and community of interests. 		Civil Procedure May 16, 2001
Wagner v. City of South Pasadena (Landmark Theatre Corp.)
Summons is deemed served on date written acknowledgment of receipt is executed, not on date of mailing. 		Civil Procedure May 16, 2001
Brush Wellman Inc. v. Lee (Stoecker)
Once party has exercised right to a peremptory change of judge, that right is not renewed upon remand after appeal. 		Civil Procedure May 16, 2001
TCI Group Life Insurance Plan v. Knoebber
Default judgment is improper where defendant fails to respond to complaint due to extenuating circumstances and public policy favors decision on merits. 		Civil Procedure May 16, 2001
Owens v. Kaiser Foundation Health Plan
Res judicata is properly invoked although plaintiffs did not receive 'right to sue' letters until after case had been dismissed with prejudice. 		Civil Procedure May 16, 2001
U.S. v. Morrison
Federal statute that provides civil remedy for victims of gender-motivated violence is unconstitutional. 		Civil Procedure May 15, 2001
Estrada v. Speno & Cohen
Court does not abuse discretion by ordering default judgment against party that willfully, repeatedly and persistently disobeyed court orders. 		Civil Procedure May 15, 2001
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