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Linder v. Thrifty Oil Co.
Order denying class certification cannot stand when based upon improper judgment of case's legal merits and erroneous legal assumptions.
Civil Procedure Aug. 30, 2000
Linder v. Thrifty Oil Co.
Order denying class certification cannot stand when based upon improper judgment of case's legal merits and erroneous legal assumptions.
Civil Procedure Aug. 30, 2000
Rothchild v. Tyco International (US) Inc.
Plaintiff's unfair competition action is not barred by pendency of another suit under False Claims Act based on same underlying factual allegations.
Civil Procedure Aug. 30, 2000
Sonora Diamond Corp. v. Sonora Union High School District'
Failure to prove minimum contacts renders arm of California courts too short to reach Canadian corporation.
Civil Procedure Aug. 30, 2000
Sonora Diamond Corp. v. Sonora Union High School District'
Failure to prove minimum contacts renders arm of California courts too short to reach Canadian corporation.
Civil Procedure Aug. 30, 2000
Collection Bureau of San Jose v. Rumsey
Probate code provides one year statute of limitations period for causes of action rendering surviving spouse personally liable for debts of deceased spouse.
Civil Procedure Aug. 30, 2000
Michelson v. Mid-Century Insurance Co.
Northridge earthquake victim not allowed to recover from insurance company because statute of limitations expires.
Civil Procedure Aug. 29, 2000
State v. Superior Court (Clements)
Eight-person jury does not have to reach unanimous verdict to commit accused as sexually violent predator.
Civil Procedure Aug. 29, 2000
Monterey Plaza Hotel v. Local 483
Hotel fails to establish RICO predicate against union because union did not attempt to obtain hotel property by deception during strike.
Civil Procedure Aug. 25, 2000
Morales v. City of Los Angeles
Statute of limitations for denial of access claim begins to run when trial court enters final judgment.
Civil Procedure Aug. 25, 2000
Rosasco v. Commission on Judicial Performance
Retroactive application of amendments to law are impermissible without clear statement from legislature.
Civil Procedure Aug. 25, 2000
Kendrick v. City of Eureka
A state claim filed more than 30 days after dismissal by a federal court is barred by California's one-year limitations period.
Civil Procedure Aug. 25, 2000
Ludgate Insurance Co. v. Lockheed Martin Corp.
Trial court errs in granting plaintiff's motion for judgment on the pleadings when complaint alleges that actual and justiciable controversy exists.
Civil Procedure Aug. 25, 2000
Ramos v. Countrywide Home Loans
If trial court decides to enhance lodestar amount by a multiplier, it must precisely articulate why increment is appropriate.
Civil Procedure Aug. 25, 2000
Fischer v. P.D. Inc.
Blind person who has obtained injunctive relief under ADA is prevailing party entitled to attorney-fee award.
Civil Procedure Aug. 25, 2000
Bautista v. Los Angeles County
Dismissal without leave to amend is abuse of discretion where deficiencies are readily curable by court.
Civil Procedure Aug. 25, 2000
Giest v. Sequoia Ventures Inc.
Trial court properly applies Montana's statute of repose in wrongful death action filed in California.
Civil Procedure Aug. 24, 2000
Ramirez v. Dept. of Corrections
Qualified immunity defense properly denied in case involving civil rights claims.
Civil Procedure Aug. 23, 2000
Gadlin v. Sybron International Corp.
Non-existence of complete diversity renders dismissal of suit without further inquiry.
Civil Procedure Aug. 23, 2000
Allen v. Middleton
Order
Civil Procedure Aug. 23, 2000
Beaty v. CAS BET Holdings Inc.
Remand warranted when record of whether court exercised its discretion in decision not to reduce award of attorney fees below lodestar amount is ambiguous.
Civil Procedure Aug. 23, 2000
Cooper v. Westbrook Torrey Hills LP
Reasonable expenses necessary to acquire a bond are to be awarded to prevailing party absent contrary evidence in the record.
Civil Procedure Aug. 18, 2000
Maryland Casualty Co. v. Andreini & Company of Southern California
Good faith settlement determination can be reviewed by post-judgment appeal.
Civil Procedure Aug. 18, 2000
Lealao v. Beneficial California Inc.
Attorney fees awards may be calculated as a percentage of class action recovery and can be adjusted at court's discretion.
Civil Procedure Aug. 18, 2000
Catalano v. Superior Court (Camenson)
Code of Civil Procedure Section 437c disallows piecemeal adjudication of claims for punitive damage.
Civil Procedure Aug. 18, 2000
City of SanFranscisco v. Tijerino
Court-ordered blood test is not new or different fact or circumstance that justifies motion for reconsideration.
Civil Procedure Aug. 18, 2000
True v. Shank
Expert witness fees may be properly tendered at the time deposition is noticed or at the deposition.
Civil Procedure Aug. 17, 2000
Kitzig v. Nordquist
Dental malpractice not time barred if claim filed within one year of patient finding that dentist is negligent.
Civil Procedure Aug. 17, 2000
Burrell v. Burrell
Order
Civil Procedure Aug. 15, 2000
U.S. v. Stephens
Order
Civil Procedure Aug. 15, 2000