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City of Vista v. Sutro & Co.
Finance director with power to execute agreements on city's behalf could bind city to arbitration agreement.
Civil Procedure Aug. 5, 1999
Emerson Electric Co. v. Superior Court (Grayson)
Trial court has discretion to compel deponent to physically re-enact accident at videotaped deposition.
Civil Procedure Aug. 4, 1999
The Stars' Desert Inn Hotel & Country Club Inc. v. Hwang
Foreign citizen's repeated failure to obey deposition and sanctions order supports default money judgment sanction.
Civil Procedure Aug. 4, 1999
Seacall Development Ltd. v. Santa Monica Rent Control Board
Attorney's negligence isn't imputed to client where attorney's abandonment outweighs client's conduct, no prejudice to defendant exists, and dismissal is discretionary.
Civil Procedure Aug. 4, 1999
Cravens v. State Board of Equalization for the State of California
Plaintiff cannot voluntarily dismiss without prejudice in lieu of opposition to summary judgment motion.
Civil Procedure Aug. 4, 1999
Gray v. Superior Court (Hunter)
Plaintiff's right to voluntarily dismiss complaint is cut off by commencement of evidentiary proceedings before referee.
Civil Procedure Aug. 4, 1999
Premium Commercial Services Corp. v. National Bank of California
Failure to include key provision in a settlement offer is not a mistake warranting relief from judgment.
Civil Procedure Aug. 4, 1999
Dowden v. Superior Court
Work-product privilege may be asserted by litigants representing themselves.
Civil Procedure Aug. 4, 1999
Local Motion Inc. v. Niescher
Prevailing party cannot dismiss remaining claims without prejudice in order to prevent appeal by loser.
Civil Procedure Aug. 3, 1999
Sobremonte v. Superior Court (Bank of America National Trust and Savings Assn.)
Right to enforce arbitration is waived where party unreasonably delays its arbitration demand.
Civil Procedure Aug. 2, 1999
Vorse v. Sarasy
Court cannot strike testimony pursuant to Evidence Code simply because it believes witness is lying.
Civil Procedure Jul. 30, 1999
Glenfed Development Corp. v. Superior Court (National Union Fire Insurance Co. of Pittsburgh, PA.)
Discovery of insurance company's claims manual in coverage dispute doesn't depend on its admissibility at trial.
Civil Procedure Jul. 30, 1999
Ash v. Hertz Corp.
Municipal court denial of motion to transfer to superior court is only appealable after final judgment.
Civil Procedure Jul. 30, 1999
Indian Oasis-Baboquivari Unified School District No. 40OF v. Kirk
Order dismissing plaintiff's claim without prejudice bars appeal of order dismissing co-plaintiff's claim with prejudice.
Civil Procedure Jul. 30, 1999
Elko County Grand Jury v. Siminoe
Despite federal court's inability to address merits, state court lacks authority to subpoena federal employee.
Civil Procedure Jul. 29, 1999
Milton v. Perceptual Development Corp.
Evidence of attorney's misconduct resulting in clients' default supports order vacating default judgments.
Civil Procedure Jul. 29, 1999
Don Jose's Restaurant, Inc. v. Truck Insurance Exchange
One final judgment rule precludes appeal of some claims with remaining claims left for trial.
Civil Procedure Jul. 29, 1999
Linton v. Superior Court (Obinna)
When both parties file in small claims court and either appeals, superior court retries all claims.
Civil Procedure Jul. 29, 1999
Murillo v. Fleetwood Enterprises, Inc.
Song-Beverly Consumer Warranty Act does not expressly preclude award of costs to prevailing defendants.
Civil Procedure Jul. 28, 1999
Zenith Insurance Co. v. Khademi
Under RICO Act, plaintiff must establish essential elements of civil claim to obtain costs award.
Civil Procedure Jul. 27, 1999
Calcor Space Facility, Inc. v. The Superior Court of Orange County (Thiem Industries, Inc.)
Subpoena only describing broad categories of documents is unduly burdensome and abuses discovery system.
Civil Procedure Jul. 26, 1999
California Business Council for Equal Opportunity v. Superior Court (Wilson)
Time to challenge 'all-purpose' assignment of judge is extended when assignment notice served by mail.
Civil Procedure Jul. 26, 1999
Wickware v. Tanner
Offer to compromise made to multiple defendants cannot be conditioned on acceptance by all defendants.
Civil Procedure Jul. 26, 1999
Van Beurden Insurance Services Inc. v. Customized Worldwide Weather Insurance Agency Inc.
Clerk's mailed notice must affirmatively state it was made by order of the court.
Civil Procedure Jul. 25, 1999
California Business Council for Equal Opportunity v. Superior Court (Wilson)
Time to challenge 'all-purpose' assignment of judge is extended when assignment notice served by mail.
Civil Procedure Jul. 25, 1999
Budget Rent-A-Car v. Crawford
Despite no pending state litigation, district court must determine state-court remedies before exercising jurisdiction.
Civil Procedure Jul. 25, 1999
Williams v. Lakeview Co.
Sufficient minimum contacts exist to exercise personal jurisdiction over Nevada casino, although accident occurred in Arizona.
Civil Procedure Jul. 22, 1999
Person v. Farmers Insurance Group of Companies
Health care practitioner cannot refuse to produce patient's records until patient's attorney signs a lien.
Civil Procedure Jul. 19, 1999
Cortez v. Vogt
Statute of limitations period is tolled if fraudulent transfer occurs during action to establish underlying liability.
Civil Procedure Jul. 19, 1999
Whelan v. Estate of Richard Pick
Punitive damages award is enforceable through appeal bond even if defendant dies while appeal pending.
Civil Procedure Jul. 19, 1999