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Abdelsamed v. State of Colorado
Opinion
Civil Procedure Mar. 27, 2001
Vega v. Sullivan
In awarding attorney and expert witness fees, court was correct in comparing arbitration award versus jury verdict including taxable costs.
Civil Procedure Mar. 21, 2001
Michelson v. Enrich International, Inc.
Order
Civil Procedure Mar. 21, 2001
Semtek International Inc. v. Lockheed Martin Corp.
Dismissal of federal diversity claim for untimeliness requires dismissal of parallel state claim based on res judicata.
Civil Procedure Mar. 21, 2001
Semtek International Inc. v. Lockheed Martin Corp.
California federal court's dismissal of suit 'on the merits' based on statute of limitations doesn't necessarily have claim-preclusive effect in another state.
Civil Procedure Mar. 20, 2001
Corzo v. Banco Central de Reserva del Peru
As arm of Peruvian government, Banco Central de Reserva del Peru is entitled to sovereign immunity under federal law and court lacks jurisdiction.
Civil Procedure Mar. 19, 2001
Davidson v. McClellan
Subsequent change in law that controlling statute is unconstitutional doesn't necessarily require vacating final judgments.
Civil Procedure Mar. 19, 2001
Tyler v. Cuomo
Homeowners may sue city over housing project even though it has already been built.
Civil Procedure Mar. 14, 2001
Bly-Magee v. California
Former rehabilitative-services employee is granted leave to amend complaint in order to state with particularity allegations of fraud.
Civil Procedure Mar. 14, 2001
Lueck v. Sunstrand Corp.
American court may decline to hear lawsuit over plane crash that occurred in New Zealand.
Civil Procedure Mar. 14, 2001
Slenck v. Transworld Systems Inc.
Builder's loan to purchase backhoe to build family home raises genuine issue of whether loan is consumer loan.
Civil Procedure Mar. 14, 2001
Morris v. Princess Cruises Inc.
Fraudulent joinder of defendant for purpose of destroying diversity jurisdiction is properly ignored and removal to federal court is appropriate.
Civil Procedure Mar. 14, 2001
Carrasco v. State of Arizona
When mother survives child she is legally the statutory wrongful death beneficiary and personal representative of estate may not sue.
Civil Procedure Mar. 14, 2001
Wilshire Insurance Company v. Tuff Boy Holding
Good faith settlement between later-added defendant and plaintiffs may extinguish indemnity claims of other responsible parties who settled previously.
Civil Procedure Mar. 13, 2001
Macedo v. Bosio Revocable Trust
Lawsuit for fraudulent conveyance may be filed within 3 years of entry of judgment for creditor.
Civil Procedure Mar. 13, 2001
Donnellan v. City of Novato
Cover letter is not sufficient to qualify as notice to party seeking writ of mandate to review administrative decision.
Civil Procedure Mar. 13, 2001
Century City Medical Plaza v. Sperling
Arbitrator has authority to amend award to address issues that were inadvertently omitted.
Civil Procedure Mar. 12, 2001
Arvada 1st Industrial Bank v. Hutchinson
Order entered by court on legal holiday is valid because party had notice of adverse judgment.
Civil Procedure Mar. 6, 2001
Collins v. Jaquez
Inmate must be indigent before he can file civil complaint without paying filing fee.
Civil Procedure Mar. 6, 2001
Parker v. Center for Creative Leadership
Arbitration clause in contract applicable to claims of third-party beneficiary of contract.
Civil Procedure Mar. 6, 2001
Baumgarten v. Coppage
Certificate of review is required to assert claim for professional negligence.
Civil Procedure Mar. 6, 2001
Curtis v. Counce
Three-year statute of limitations applies to claim for breach of bailment relationship.
Civil Procedure Mar. 6, 2001
Higgins v. Owens
District court has no jurisdiction over judicial disciplinary proceedings.
Civil Procedure Mar. 2, 2001
Tosco Corp. v. Communities for a Better Environment
Plaintiff may not file lawsuit in federal court because its principal place of business is in same state as defendant.
Civil Procedure Mar. 2, 2001
Waldman v. Old Republic National Title Insurance Co.
Defendant must assert right of arbitration in answer to complaint, or thereby waive arbitration.
Civil Procedure Mar. 2, 2001
Schultz v. Wells
Trial court may use variety of factors to evaluate relevance of expert testimony and evidence.
Civil Procedure Mar. 2, 2001
Westrec Marina Management Inc. v. Jardine Insurance Brokers Orange County Inc.
Court may not extend time limit to grant motion for new trial.
Civil Procedure Mar. 1, 2001
Tomassi v. Scarff
Insurance company lacking standing as aggrieved party within meaning of Code of Civil Procedure Section 663 cannot move to vacate judgment.
Civil Procedure Mar. 1, 2001
7-Eleven Owners for Fair Franchising v. The Southland Corp.
Settlement agreement not product of fraud or collusion when it is fair, adequate and reasonable and national class properly certified.
Civil Procedure Mar. 1, 2001
Franklin & Franklin v. 7-Eleven Owners for Fair Franchising
Trial court has jurisdiction to issue postjudgment injunction enjoining litigation while related judgment is being appealed.
Civil Procedure Mar. 1, 2001