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Kelsey v. Waste Management of Alameda County
Chapter 13 debtor has standing to prosecute state court action, and failure to list action in bankruptcy doesn't warrant summary judgment against debtor.
Civil Procedure Dec. 30, 1999
Mac v. Bank of America
One-year limitation period doesn't preclude administrator of estate from filing complaint against bank who honored forged checks from decedent's account.
Civil Procedure Dec. 30, 1999
People ex rel. Dept. of Transportation v. Cherry Highland Properties
Sixty-day jurisdictional period for new trial motion doesn't begin until moving party files proof of mailing notice of entry of judgment.
Civil Procedure Dec. 30, 1999
APRI Insurance Co. v. Superior Court (Schatteman)
Trial court loses jurisdiction to reconsider motion to quash service of process after judgment has been entered.
Civil Procedure Dec. 30, 1999
Wilcox v. Birtwhistle
Party can withdraw admissions deemed admitted for failure to respond to discovery, if failure was due to mistake, inadvertence or excusable neglect.
Civil Procedure Dec. 30, 1999
APRI Insurance Co., v. Superior Court (Schatteman)
Trial court loses jurisdiction to reconsider motion to quash service of process after judgment has been entered.
Civil Procedure Dec. 30, 1999
Mylan Laboratories Inc. v. Soon-Shiong
Intervention by nonparty holder of attorney-client privilege isn't necessary to assert the privilege, nor does the privilege require intervention.
Civil Procedure Dec. 30, 1999
Smith v. Marsh
Motion to intervene is untimely after significant amount of time has passed, intervention would cause delay, and no explanation for delay exists.
Civil Procedure Dec. 30, 1999
Santoro v. Foreclosures Services Corp.
Grant of summary judgment for defendant, where plaintiff is also granted leave to amend, isn't a final, appealable order.
Civil Procedure Dec. 30, 1999
Fink v. Shedler
Amendment to statute, limiting tolling of prisoners' causes of action to two years, may be applied retroactively.
Civil Procedure Dec. 30, 1999
GATX/Airlog Co. v. District Court (Bank of New York)
Vacating district court's disqualification order is proper where mootness of disqualification claim is brought about by independent action of third party.
Civil Procedure Dec. 30, 1999
Commercial Space Management Co. Inc. v. Boeing Co. Inc.
Filing notice of voluntary dismissal automatically terminates the case with respect to defendants who are subjects of the notice.
Civil Procedure Dec. 30, 1999
Enyart v. City of Los Angeles
Majority-voting jurors' concealed bias against defendants, as evidenced by negative generalizations made during deliberations, is serious jury misconduct requiring new trial.
Civil Procedure Dec. 29, 1999
Fleet v. Zwick
Homestead exemption protects funds of debtor despite the withdrawal of other funds from the homestead account.
Civil Procedure Dec. 28, 1999
Cook v. Tulsa Police Department
Order
Civil Procedure Dec. 22, 1999
Shamblin v. Owens
Order
Civil Procedure Dec. 22, 1999
Soma Medical International v. Standard Chartered Bank
Complaint properly dismissed where court lacks general and specific jurisdiction over foreign bank.
Civil Procedure Dec. 22, 1999
Southway v. Central Bank of Nigeria
Jurisdiction over civil RICO actions against foreign entities proper where foreign banks' conduct falls within Foreign Sovereign Immunities Act's "commercial activity" exception.
Civil Procedure Dec. 22, 1999
MRO Communications, Inc. v. American Telephone & Telegraph Co.
Where plaintiff rejects offer of judgment, federal court may award attorney fees to defendant for successfully defending state claims.
Civil Procedure Dec. 20, 1999
Cebrera v. Horgas
Order
Civil Procedure Dec. 16, 1999
Perez v. Witham
Three-year statute of limitations period bars negligence claim against health care professional.
Civil Procedure Dec. 16, 1999
Rainsberger v. Klein
Service of process on business entity not sufficient to establish personal jurisdiction over owner of business in his personal capacity.
Civil Procedure Dec. 16, 1999
Fink v. Shedler
Amendment to statute, limiting tolling of prisoners' causes of action to two years, may be applied retroactively.
Civil Procedure Dec. 12, 1999
Farrow v. Confer
Order
Civil Procedure Dec. 11, 1999
Ellis v. Martin
Order
Civil Procedure Dec. 11, 1999
Boles v. Fenton Security Inc.
Order
Civil Procedure Dec. 11, 1999
Shelton v. Seay
Order
Civil Procedure Dec. 11, 1999
Cascade Energy & Metals Corp. v. Banks
Order
Civil Procedure Dec. 11, 1999
Van Dinh v. Reno
Court lacks authority to award attorney fees under Equal Access to Justice Act without subject matter jurisdiction over suit.
Civil Procedure Dec. 11, 1999
Bebo Construction Co. v. Mattox & O'Brien P.C.
Construction company not collaterally estopped from litigating legal malpractice claim which was not actually litigated in previous state debarment proceedings.
Civil Procedure Dec. 10, 1999