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Valley Engineers Inc. v. Electric Engineering Co.
Dismissal is appropriate sanction for concealment of critical document and false statements under oath.
Civil Procedure Mar. 11, 1999
Tliche v. Quathem
Failure to serve complaint in period prescribed by 'fast track' rules doesn't warrant dismissal.
Civil Procedure Mar. 11, 1999
Kressler v. Troup
Notice of appeal filed more than three months after motion for judgment notwithstanding verdict is untimely.
Civil Procedure Mar. 11, 1999
Martinez v. Binsfield
An arbitration action must proceed under the schedule for civil actions referred to arbitration.
Civil Procedure Mar. 10, 1999
Hill v. City of Phoenix
A notice of appeal which doesn't refer to the judgment appealed from, is nevertheless valid.
Civil Procedure Mar. 10, 1999
Office of the President v. Office of Independent Counsel
Evidentiary privilege doesn't allow secret service personnel to refuse to testify in judicial proceedings.
Civil Procedure Mar. 10, 1999
Cloud v. Northrop Grumman Corp.
Leave to amend granted although claim not scheduled as bankruptcy asset.
Civil Procedure Mar. 8, 1999
People v. $241,600 United States Currency; Anderson, Sr.
Civil forfeiture claimant has standing despite signing waiver to money.
Civil Procedure Mar. 8, 1999
Mehdipour v. Mehdipour
Order
Civil Procedure Mar. 8, 1999
Wollersheim v. Church of Scientology International et al.
In post-trial motion to add additional judgment debtor, burden of proof is 'by preponderance of the evidence', unless statute states otherwise.
Civil Procedure Mar. 3, 1999
Rochin v. Pat Johnson Manufacturing Company
Amended judgment entered on an ex parte basis without notice to plaintiff is void.
Civil Procedure Mar. 2, 1999
Moore v. Liu
Dismissing Strategic Lawsuit Against Public Participation case, before motion to strike hearing, doesn't prevent attorney fee award.
Civil Procedure Feb. 26, 1999
Swanger v. Beebe
Order
Civil Procedure Feb. 26, 1999
Countrywide Home Loans Inc. v. Superior Court (HP Lemona II)
In alleged scheme to defraud involving multiple wrongdoers, plaintiff may choose which tortfeasor to sue.
Civil Procedure Feb. 26, 1999
Moore v. Liu
Dismissing Strategic Lawsuit Against Public Participation case, before motion to strike hearing, doesn't prevent attorney fee award.
Civil Procedure Feb. 26, 1999
Westside Hospital v. Belshe
Agency's 'final decision' is issued when adopted, not when mailed.
Civil Procedure Feb. 26, 1999
U.S. Golf Assn. v. Arroyo Software
Where there is no prevailing party, trial court doesn't abuse its discretion by not awarding costs.
Civil Procedure Feb. 26, 1999
REO Broadcasting Consultants v. Martin
Appeal from Labor Commissioner's decision filed after 10-day time limit can't be heard regardless of excuse.
Civil Procedure Feb. 26, 1999
Westamco Investment Company v. Lee
It's unnecessary to plead civil conspiracy before bringing malicious prosecution action against an attorney.
Civil Procedure Feb. 26, 1999
Silver v. McNamee
Notice of intent to sue by service by mail is sufficient to invoke statutory provision tolling the suit's statute of limitations.
Civil Procedure Feb. 26, 1999
Eckert v. The Superior Court of San Diego County (Tebo)
Once motions in limine are filed, trial has commenced and judge isn't required to stay trial pending disqualification motion.
Civil Procedure Feb. 26, 1999
United States v. Puzo
Civil forfeiture of monies seized, after defendant pleaded to making false statements, isn't double jeopardy.
Civil Procedure Feb. 26, 1999
Martin v. Punches
Order
Civil Procedure Feb. 24, 1999
Burlesci v. Petersen
In multiple tort action, nonsuit is proper only when there is insufficient evidence to support each allegation.
Civil Procedure Feb. 24, 1999
Dry v. CFR Court of Indian Offenses for the Choctaw Nation
Defendant's satisfy requirements to seek habeas corpus relief by being charged and released pending trial.
Civil Procedure Feb. 23, 1999
Henderson v. Soares
Order
Civil Procedure Feb. 23, 1999
Olde Discount Corporation v. Hubbard
Order
Civil Procedure Feb. 23, 1999
Carlson v. State of California Department of Fish and Game
State law, not local rule, controls when determining effective filing date for complaint.
Civil Procedure Feb. 21, 1999
Coleman v. Storage Technology Corporation
Order
Civil Procedure Feb. 19, 1999
Prize Frize Inc. v. Matrix (U.S.) Inc.
Claims that aren't based on rights granted under U.S. patent laws aren't required to be heard in the Federal Circuit.
Civil Procedure Feb. 18, 1999