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McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal.
Civil Procedure Jun. 4, 1999
Hetzel v. Prince William County, Virginia
Judgment entered for lesser amount than determined by jury without allowing new trial violates Seventh Amendment.
Civil Procedure Jun. 4, 1999
United States v. $133,735.30 Seized from U.S. Bancorp Brokerage Account No. 32130630
Government sufficiently disgorges benefit derived from holding improperly seized funds by paying accrued interest.
Civil Procedure Jun. 4, 1999
Dadesho v. Government of Iraq
Notice of appeal filed by foreign government more than 30 days after judgment is untimely.
Civil Procedure Jun. 4, 1999
Efstratis v. First Northern Bank of Dixon
Confession of judgment by party who is also an attorney is invalid since independent counselor required.
Civil Procedure Jun. 3, 1999
Urban Pacific Corporation v. Superior Court (Steiner & Libo)
Business records subpoena cannot be used to avoid court reporter's fee for copy of deposition transcript.
Civil Procedure Jun. 3, 1999
Emerson Electric Co. v. Superior Court (Grayson)
Deponent's failure to comply with order compelling nonverbal 'answer' warrants sanctions, including evidence preclusion.
Civil Procedure Jun. 3, 1999
Morrow v. Hood Communications Inc.
Stipulated reversal motion having no collateral estoppel effect or effect on future litigation is granted.
Civil Procedure Jun. 3, 1999
Pfizer Inc. v. Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage.
Civil Procedure Jun. 3, 1999
Taggares v. Superior Court (Mitchell)
Where party indigent, cost-free option should be made available to settle discovery disputes.
Civil Procedure Jun. 3, 1999
Saba v. Crater
An offer to compromise must be in writing to satisfy requirements of Civil Procedure Code.
Civil Procedure Jun. 3, 1999
Sloan v. West
Appeals of Merit System Protection Board jurisdictional decisions in 'mixed cases' belong in Federal Circuit.
Civil Procedure Jun. 3, 1999
U.S. 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. 3, 1999
Kyle v. Carmon
Order striking complaint after voluntary dismissal of strategic lawsuit against public participation doesn't preclude simultaneous award of attorney's fees.
Civil Procedure Jun. 3, 1999
People v. 6344 Skyway, Paradise, California
Owners of property seized in civil forfeiture aren't required to pay storage costs for items found not traceable to drug proceeds.
Civil Procedure Jun. 3, 1999
Stadish v. Superior Court (Southern California Gas Co.)
Trial court has authority to issue protective order denying discovery of trade secrets, but must employ proper procedures in making ruling.
Civil Procedure Jun. 3, 1999
Calderon v. Ashmus
Abstract question of whether California qualifies for expedited treatment of federal habeas petitions isn't justiciable.
Civil Procedure Jun. 3, 1999
Kingston Constr. Inc., v. Washington Metropolitan Area Transit Authority,
Congress' express or implied intent to limit concurrent jurisdiction bar non-included state subject matter jurisdiction.
Civil Procedure Jun. 2, 1999
Taggares v. Superior Court of San Diego County (Mitchell)
Where Party Indigent Cost-Free Option Should Be Made Available To Settle Discovery Disputes.
Civil Procedure Jun. 1, 1999
Pazderka v. Caballeros Dimas Alang Inc.
Permitting an appeal from compromise agreement pursuant to Code of Civil Procedure would reduce judicial efficiency.
Civil Procedure Jun. 1, 1999
Pfizer Inc. v. Orange County Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage.
Civil Procedure May 27, 1999
Planning and Conservation League v. Department of Water Resources
Notice of appeal from order in validation action must be filed within 30 days.
Civil Procedure May 27, 1999
Federal Insurance Co. v. Superior Court (Mackey)
Subcontractor's suit against prime contractor's surety must be stayed until completion of arbitration between contractors.
Civil Procedure May 27, 1999
Preach v. Monterainbow Ltd.
Plaintiff's settlement with defendants on claim for commercial property commission doesn't exonerate surety.
Civil Procedure May 26, 1999
Preach v. Virden
Plaintiff's settlement with defendants on claim for commercial property commission doesn't exonerate surety
Civil Procedure May 26, 1999
Weddington Productions Inc. v. Flick
Court cannot enforce 'order enforcing settlement agreement' issued by private judge in voluntary mediation.
Civil Procedure May 26, 1999
Western Digital Corp. v. Superior Court
Disqualification of expert witness interviewed but not retained by opposing party is abuse of discretion.
Civil Procedure May 26, 1999
Yeap v. Leake
Plaintiff can obtain relief from dismissal for attorney's failure to attend arbitration and file trial de novo.
Civil Procedure May 26, 1999
Vandenberg v. Sacramento County Superior Court (Centennial Ins. Co.)
Collateral estoppel doesn't prevent party to private, nonjudicial arbitration from relitigating issue against nonparty.
Civil Procedure May 26, 1999
Government Employees Insurance Co. v. Dizol
Under Declaratory Judgment Act, district court must only explain decision to entertain action if issued raised.
Civil Procedure May 26, 1999