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Nelson v. Adams USA Inc.
Court may properly assess attorney fees against non-party without first securing service of process upon, or jurisdiction over, that non-party.
Civil Procedure Jul. 6, 2000
Pegram v. Herdrich
Certiorari granted
Civil Procedure Jul. 6, 2000
Decola v. Freyer
Trial court has discretion to allow extension for filing appeal of arbitration award when arbitrator never sent notice of award to parties.
Civil Procedure Jul. 6, 2000
Herpin v. Head (In the Matter of the Title, Ballot Title and Submission Clause)
Ballot Title Setting Board has jurisdiction to set titles and correct clerical errors but not to consider a motion for rehearing.
Civil Procedure Jul. 5, 2000
Sanderson v. Henderson ( In the Matter of the Title, Ballot Title and Submission Clause)
Ballot Title Setting Board's denial of motion for rehearing proper as to matters that could have been raised in original motion.
Civil Procedure Jul. 5, 2000
Curley v. Mick
Order
Civil Procedure Jul. 5, 2000
Galan v. Wolfriver Holding Corp.
Trial court has discretion to determine prevailing party for purposes of collecting attorney's fees under Civil Code Section 1942.4.
Civil Procedure Jun. 30, 2000
Roskind v. Morgan stanley Dean Witter & Co.
Federal law does not pre-empt claims brought under California's Unfair Competition Law.
Civil Procedure Jun. 30, 2000
Lane v. Hughes Aircraft Co.
Appellate court must apply 'highly deferential standard' in determining whether lower court properly granted new trial.
Civil Procedure Jun. 30, 2000
Pratt v. Gursey, Schneider & Co.
Parties stipulating to arbitration may expressly waive the right to appeal from any judgment.
Civil Procedure Jun. 30, 2000
Johnson v. Superior Court
Sperm donor confidentiality agreement precludes disclosure of donor information in all circumstances contrary to public policy
Civil Procedure Jun. 30, 2000
Andress v. City of Chandler
Arbitration statute that requires parties to submit to arbitration does not extend time to file notice of claim.
Civil Procedure Jun. 30, 2000
Pope v. JJ Man-Data Inc.
New trial may not be granted if juror shows no dishonesty or bias in voir dire.
Civil Procedure Jun. 29, 2000
Han v. Stanford University
Failure to include citations to record in appellate brief warrants dismissal.
Civil Procedure Jun. 29, 2000
Monegro v. Rosa
Action shouldn't be dismissed under forum non conveniens where there is no impediment to compulsory appearance of defendants in federal court.
Civil Procedure Jun. 29, 2000
City of Greenwood Village v. Petitioners for the Proposed City of Centennial
City has standing to raise challenges to annexation statute amendments.
Civil Procedure Jun. 29, 2000
Polk v. Hergert Land & Cattle Co.
Summary judgment inappropriate when disputed issues of material fact remain.
Civil Procedure Jun. 29, 2000
Mitchell v. Burt Vetterlein & Bushnell P.C. (In re Alexander V. Stein)
180 days is outer time limit for party who doesn't receive notice of entry of judgment to seek additional time to appeal.
Civil Procedure Jun. 23, 2000
Ahwatukee Custom Estates Management Association Inc. v. Turner
Trial court properly denies corrective relief when complainant has acted arbitrarily and unreasonably.
Civil Procedure Jun. 21, 2000
Bellevue Manor Associates v. U.S.
A party may seek equitable relief from injunction, even though underlying final judgment is related to contract action.
Civil Procedure Jun. 19, 2000
Ribbens v. Transport International Pool Inc.
Under Federal Rules of Civil Procedure, issuance of bond staying judgment pending appeal does not extinguish existing levy on writ of execution.
Civil Procedure Jun. 19, 2000
Hajek v. Burlington Northern Railroad Co.
Without express consent by all parties to authority of federal magistrate judge, the magistrate judge lacks authority to enter judgment.
Civil Procedure Jun. 19, 2000
In Re Vizcaino v. U.S. District Court (Microsoft Corp.)
After decision on the merits, court can't redefine class on account of 'unusual circumstances.'
Civil Procedure Jun. 19, 2000
In Re Vizcaino v. U.S. District Court (Microsoft Corp.)
After decision on the merits, court can't redefine class on account of 'unusual circumstances.'
Civil Procedure Jun. 19, 2000
Allstate Indemnity Co. v. Stump
Amended opinion
Civil Procedure Jun. 19, 2000
Morris-Smith v. Moulton Niguel Water District
Attorney fees under Clean Water Act may be awarded when district court finds plaintiff's claims were frivolous, unreasonable, or without foundation.
Civil Procedure Jun. 18, 2000
In re Vizcaino v. U.S. District Court (Microsoft Corp.)
After decision on the merits, court can't redefine class on account of 'unusual circumstances.'
Civil Procedure Jun. 18, 2000
Federal Trade Commission v. Affordable Media LLC
Ordering trustee to abide turnover order doesn't save settlor-protector of offshore trust from civil contempt when such compliance is prohibited in trust's provisions.
Civil Procedure Jun. 15, 2000
Mitchell v. Burt Vetterlein & Bushnell P.C. (In re Alexander v. Stein)
180 days is outer time limit for party who doesn't receive notice of entry of judgment to seek additional time to appeal.
Civil Procedure Jun. 15, 2000
Bibeau v. Pacific Northwest Research Foundation Inc.
Inmate subjected to radiation experiments doesn't 'discover' his injury by later-enacted legislative apology and offer of payment of medical expenses.
Civil Procedure Jun. 15, 2000