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Byers v. Cathcart
Anti-harassment injunction cannot be used to bar neighbor from parking along side driveway easement.
Civil Procedure Jun. 12, 1999
Swan Magnetics, Inc. v. Superior Court (Antek Peripherals, Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances.
Civil Procedure Jun. 12, 1999
Swan Magnetics Inc. v. Superior Court (Antek Peripherals Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances.
Civil Procedure Jun. 12, 1999
Argame v. Werasophon
Defendants' failure to move to compel damages statement waives right to exclude damages evidence at trial.
Civil Procedure Jun. 12, 1999
Maxwell v. Cooltech Inc.
Serving opposing party's attorney with record of motion to vacate dismissal is valid.
Civil Procedure Jun. 12, 1999
United States v. $405,089.23
Large cash sum alone doesn't establish connection between money and illegal drug activity for forfeiture.
Civil Procedure Jun. 12, 1999
State of Alaska v. Suburban Propane Gas Corp.
Intervention motion by putative class member to appeal denial of class certification is timely.
Civil Procedure Jun. 12, 1999
People v. $497,590 U.S. Currency
Money can be forfeited based on evidence it was part of drug money laundering scheme.
Civil Procedure Jun. 10, 1999
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order.
Civil Procedure Jun. 10, 1999
Scottsdale Insurance Co. v. Superior Court (Spyglass Homeowners Assoc.)
Party waives objection to production of documents under attorney-client privilege by not expressly stating it.
Civil Procedure Jun. 10, 1999
Planned Parenthood of Southern Arizona v. Neely
Successful challengers of state abortion law cannot supplement complaint after judgment to attack amended statute.
Civil Procedure Jun. 10, 1999
Williams v. MGM-Pathe Communications Co.
In class-action settlement, attorney fees are based on percentage of entire settlement fund or lodestar.
Civil Procedure Jun. 10, 1999
People v. Certain Real Property Situated in Mendocino County
Hague Service Convention is inapplicable to service on owner of forfeited property living in Spain.
Civil Procedure Jun. 10, 1999
Allen-Pacific Ltd. v. Superior Court (Chan)
Absent party's signature or oath, truth of matters in requests for admissions is deemed admitted.
Civil Procedure Jun. 9, 1999
Sexton v. Superior Court (Mullikin Medical Center)
Court must deny late filed motion to compel production of documents.
Civil Procedure Jun. 9, 1999
The Reynolds and Reynolds Co. v. Universal Forms, Labels & Systems Inc.
Non-debtor spouse named solely as community representative can opt not to participate in litigation.
Civil Procedure Jun. 8, 1999
League of United Latin American Citizens v. Wilson
Party cannot intervene in suit regarding Proposition 187 after waiting 27 months to request intervention.
Civil Procedure Jun. 8, 1999
United States v. $129,727.00 U.S. Currency
Government gets money forfeiture judgment on preliminary probable cause showing absent evidence of non-drug-related source.
Civil Procedure Jun. 7, 1999
United States v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture.
Civil Procedure Jun. 7, 1999
Gulliford v. Pierce County
Legally correct proposed jury instruction can serve as objection for purpose of appeal.
Civil Procedure Jun. 7, 1999
Meller & Snyder v. R & T Properties Inc.
Alleged joint debtor has due process right to contest merits of liability claim.
Civil Procedure Jun. 7, 1999
Chicago v. Int'l College of Surgeons
Federal jurisdiction exists for claim local administrative action violates federal law and state law claim.
Civil Procedure Jun. 6, 1999
Mercury Insurance Group v. Superior Court (Wooster)
Uninsured motorist and personal injury suits can be consolidated for arbitration but not trial de novo.
Civil Procedure Jun. 6, 1999
Four Point Entertainment Inc. v. New World Entertainment Ltd.
Appeals will not be taken from stipulated judgments that are final in name only.
Civil Procedure Jun. 6, 1999
Pandazos v. Superior County (Thompson)
Party can exercise peremptory challenge against judge after reversal of jury's judgment in medical malpractice action.
Civil Procedure Jun. 6, 1999
Maribel v. Superior Court of Sacramento County (Sacramento County Department of Health and Human Services)
Judicial Council cannot amend court rule in manner that contradicts statute.
Civil Procedure Jun. 6, 1999
Ochoa v. Pacific Gas and Electric Co.
Where declaration lacks foundation, it is insufficient to raise triable issue of material fact.
Civil Procedure Jun. 6, 1999
Chavez v. Immigration and Nationalization Service
Personal injury claim against individual employees of federal agencies is barred by the statute of limitations based on case precedent.
Civil Procedure Jun. 4, 1999
Baldwin v. Home Savings of America
Reconsideration motion based on 'different law' must satisfy diligence requirement showing why information not presented earlier.
Civil Procedure Jun. 4, 1999
Lapine Technology Corp. v. Kyocera Corp.
If parties agree, federal court can expand review of arbitration award beyond Federal Arbitration Act grounds.
Civil Procedure Jun. 4, 1999