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Tran v. Fountain Valley Community Hospital
Minor's medical negligence action, filed on eighth birthday, is timely since deadline was a holiday.
Civil Procedure Jul. 6, 1999
Eckhart v. Genuine Parts Distributors
Partial dismissal and transfer order is not appealable until incorporated into final judgment.
Civil Procedure Jul. 6, 1999
Offshore Sportswear Inc. v. Vuarnet International B.V.
In action dismissed without prejudice to enforce forum selection clause, plaintiff cannot relitigate same issue.
Civil Procedure Jul. 6, 1999
La Galleria Condominium Owners' Association v. Wells Fargo Bank, N.A.
Award of attorney fees to defendant as prevailing party after plaintiffs' voluntary dismissal is error.
Civil Procedure Jul. 5, 1999
Acri v. Varian Assoc. Inc.
District court can exercise supplemental jurisdiction over state claims without determining whether it should be declined.
Civil Procedure Jul. 3, 1999
U.S. v. $49,576 U.S. Currency
No civil forfeiture after drug-detecting dog alerts to bag of suspicious airline passenger fitting profile.
Civil Procedure Jul. 3, 1999
Williams v. Saunders
Settlement cannot be enforced against party who doesn't participate in mediation or sign settlement agreement.
Civil Procedure Jul. 3, 1999
Pillsbury, Madison & Sutro v. Schectman
Documents improperly removed from law firm's office for use in litigation violates firm's ownership interest.
Civil Procedure Jul. 3, 1999
Lu v. Superior Court (Grand Lincoln Village Homeowner Assoc.)
Court has authority to appoint discovery referee in complex litigation involving construction defects in condominiums.
Civil Procedure Jul. 3, 1999
Nathan v. Boeing Co.
In diversity action, federal law governs district court's evaluation of cause challenges in selecting jurors.
Civil Procedure Jul. 3, 1999
Amchem Products Inc. v. Windsor
Sprawling class certified by district court in asbestos case doesn't satisfy class-action rule requirements.
Civil Procedure Jul. 2, 1999
Be v. Western Truck Exchange
Plaintiff cannot enter into good faith settlement with cross-defendant after verdict in main action.
Civil Procedure Jul. 1, 1999
Klehr v. A. O. Smith Corp.
'Last predicate act' rule isn't appropriate interpretation of RICO.
Civil Procedure Jul. 1, 1999
Pomona Valley Hospital Medical Center v. Superior Court (Bressman)
Augmenting administrative record is wrong if new evidence is irrelevant to issue of fair administrative hearing.
Civil Procedure Jun. 29, 1999
Briones v. Riviera Hotel & Casino
Relief from default for excusable neglect requires considering same factors in motions to extend time.
Civil Procedure Jun. 29, 1999
Chase Manhattan Mortgage Corp. v. Lessel
In foreclosure suit, court can determine amount of attorney fees, but isn't required to award fees.
Civil Procedure Jun. 29, 1999
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach
District court conducting pretrial proceedings cannot transfer case to itself for trial.
Civil Procedure Jun. 29, 1999
Murphy v. Yale Materials Handling Corp.
Application of statute permitting sanctions for unsupported motion depends on date complaint originally filed.
Civil Procedure Jun. 29, 1999
Haley v. Medtronic Inc.
Class certification is denied if class action wouldn't be a superior method of adjudicating claims.
Civil Procedure Jun. 29, 1999
United States v. Marolf
Failure to comply with the Statute of Limitations and show the applicability of aches, renders a forfeiture action void.
Civil Procedure Jun. 29, 1999
Ortolf v. Silver Bar Mines Inc.
Supplemental jurisdiction in suit to enforce settlement requires reservation by district court in underlying action.
Civil Procedure Jun. 28, 1999
Easton v. Crossland Mortgage Corp.
Federal court lacks jurisdiction over action referencing federal theories but not seeking federal remedies.
Civil Procedure Jun. 28, 1999
Pedus Services Inc. v. Superior Court (Clauson)
'10-day/5-day rule' is applicable timeliness requirement for peremptory challenge directed at discovery referee.
Civil Procedure Jun. 28, 1999
Norwest Mortgage, Inc. v. Superior Court of San Diego County
Nationwide class certification for claim based on California statute is inappropriate if proposed class includes non-California residents wronged by defendant's conduct outside California.
Civil Procedure Jun. 28, 1999
Johnson v. Stanhiser
Where substantial evidence supports proof of actual damages at default prove-up hearing, prevailing party is entitled to award.
Civil Procedure Jun. 28, 1999
Haley v. Dow Lewis Motors Inc.
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff.
Civil Procedure Jun. 28, 1999
Hood v. Superior Court (Sears, Roebuck & Co.)
Appointment of discovery referee, to determine petitioner's ability to pay fees, requires finding of extenuating circumstances.
Civil Procedure Jun. 28, 1999
Whitfield v. Texas
Order
Civil Procedure Jun. 28, 1999
Ortolf v. Silver Mines Inc.
Supplemental jurisdiction in suit to enforce settlement requires reservation by district court in underlying action.
Civil Procedure Jun. 28, 1999
Murphy v. Yale Materials Handling Corporation
Application of statute permitting sanctions for unsupported motion depends on date complaint originally filed.
Civil Procedure Jun. 28, 1999