Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G015845
|
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 | |
B091440
|
Eckhart v. Genuine Parts Distributors
Partial dismissal and transfer order is not appealable until incorporated into final judgment. |
Civil Procedure |
|
Jul. 6, 1999 | |
96-55211
|
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 | |
S061150
|
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 | |
95-16666
|
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 | |
95-56170
|
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 | |
C024268
|
Williams v. Saunders
Settlement cannot be enforced against party who doesn't participate in mediation or sign settlement agreement. |
Civil Procedure |
|
Jul. 3, 1999 | |
A071451
|
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 | |
G020650
|
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 | |
95-36298
|
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 | |
96-270
|
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 | |
B083162
|
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 | |
96-663
|
Klehr v. A. O. Smith Corp.
'Last predicate act' rule isn't appropriate interpretation of RICO. |
Civil Procedure |
|
Jul. 1, 1999 | |
B108265
|
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 | |
96-15076
|
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 | |
B104611
|
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 | |
96-1482
|
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 | |
A072765
|
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 | |
94-4113
|
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 | |
97-56275
|
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 | |
95-36152
|
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 | |
96-55021
|
Easton v. Crossland Mortgage Corp.
Federal court lacks jurisdiction over action referencing federal theories but not seeking federal remedies. |
Civil Procedure |
|
Jun. 28, 1999 | |
B129530
|
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 | |
D032050
|
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 | |
E021915
|
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 | |
C029377
|
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 | |
B129315
|
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 | |
98-9085
|
Whitfield v. Texas
Order |
Civil Procedure |
|
Jun. 28, 1999 | |
95-36152 and 95-36160
|
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 | |
A072765
|
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 |