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Nunag-Tanedo v. East Baton Rouge Parish School Board
Attorney sued by class of Filipino teachers for allegedly aiding and abetting in human trafficking scheme may not appeal denial of immunity.
Civil Procedure Mar. 27, 2013
U.S. v. $11,500 in United States Currency
In civil forfeiture proceeding, failure to identify bailor on claim form should not result in dismissal where mistake did not prejudice or delay proceedings.
Civil Procedure Mar. 21, 2013
Standard Fire Insurance Co. v. Knowles
Federal court has jurisdiction over plaintiff’s proposed class action despite stipulation that he and class would seek less than $5 million in damages.
Civil Procedure Mar. 20, 2013
Good v. Miller
Trial court correctly declines to salvage plaintiff's defective appeal from order, which granted terminating sanctions against plaintiff.
Civil Procedure Mar. 14, 2013
Entente Design Inc. v. Superior Court (Pfeiffer)
Challenge to newly assigned judge, which attorneys filed within hour of leaving courtroom, is timely because case was not yet ready for immediate trial.
Civil Procedure Mar. 13, 2013
Lucky United Properties Investments Inc. v. Lee
In dispute over attorney fees, interest on prejudgment award of fees begins to accrue upon entry of judgment, but postjudgment interest does not.
Civil Procedure Feb. 27, 2013
Kuxhausen v. BMW Financial Services NA LLC
BMW may remove class action to federal court because plaintiff failed to trigger 30-day period for removal by inadequately stating amount in controversy.
Civil Procedure Feb. 26, 2013
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief.
Civil Procedure Feb. 14, 2013
Lucky United Properties Investments Inc. v. Lee
In dispute over attorney fees, interest on prejudgment award of fees begins to accrue upon entry of judgment, but postjudgment interest does not.
Civil Procedure Feb. 6, 2013
Kramer v. Toyota Motor Corp.
Toyota may not compel arbitration of class action based on purchase agreements between customers and dealerships because corporation did not sign agreements.
Civil Procedure Jan. 31, 2013
Gray v. Chiu
Arbitrator's failure to disclose that lawyer was member of administering dispute provider resolution organization is valid ground for vacating arbitration award.
Civil Procedure Jan. 22, 2013
Swissmex-Rapid S.A. de C.V. v. SP Systems LLC
Confirmation of arbitration award between California and Mexican corporations is proper because FAA's procedural provisions do not apply to state court.
Civil Procedure Jan. 6, 2013
Swissmex-Rapid S.A. de C.V. v. SP Systems LLC
Confirmation of arbitration award between California and Mexican corporations is proper because FAA's procedural provisions do not apply to state court.
Civil Procedure Dec. 30, 2012
Williamson v. Mazda Motor of America Inc.
On remand, new judge may reconsider whether case involving accident in Utah may properly be tried in California because prior judge had retired.
Civil Procedure Dec. 27, 2012
V & P Trading Co. Inc. v. United Charter LLC
Sanctions award against corporation is unsupported because court improperly denied motion to compel answer to interrogatories based on corporation’s suspended status.
Civil Procedure Dec. 19, 2012
Weingarten Realty Investors v. Chiang
Judgment creditor who was assignee may claim cash and other property previously escheated to state because statute does not limit claims to owners.
Civil Procedure Dec. 19, 2012
In re Insurance Installment Fee Cases
In consumer class action, insurer may recover costs incurred in sending notices to class members regarding discovery of their personal information.
Civil Procedure Dec. 13, 2012
Canaan Taiwanese Christian Church v. All World Mission Ministries
Pastor is incorrectly required to sign settlement agreement in his personal capacity and to release his personal claims against religious corporation.
Civil Procedure Dec. 12, 2012
United States v. $999,830 in United States Currency
Person who claims ownership to $999,830 in U.S. currency seized by government has standing to challenge government’s forfeiture.
Civil Procedure Dec. 10, 2012
Sino Century Development Limited v. Farley
Trial court may not award attorney fees as sanction for violation of California Rule of Court, which required notification of bankruptcy court’s stay.
Civil Procedure Dec. 3, 2012
Mount Hope Church v. Bash Back!
Internet service provider is not entitled to attorney fees following denial of church’s subpoena seeking email addresses of gay rights group members.
Civil Procedure Nov. 27, 2012
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief.
Civil Procedure Nov. 19, 2012
Barabin v. AstenJohnson Inc.
Doctor who testified in prior asbestos injury cases may not testify in current case until court first evaluates methodology behind his expert opinion.
Civil Procedure Nov. 19, 2012
People v. United States Fire Insurance Co.
After prevailing in bail bond forfeiture proceedings, county counsel may recover costs incurred in successfully opposing motions, but not attorney fees.
Civil Procedure Nov. 9, 2012
Lebel v. Mai
Tenant may not sue lessor who lives overseas where she did not ask about foreign residence and served lessor's mother with complaint in California.
Civil Procedure Nov. 7, 2012
People ex rel. Strathman v. Acacia Research Corp.
Anti-SLAPP statute cannot be used to strike employee's qui tam action against biotechnology corporation alleging filing of fraudulent insurance claim.
Civil Procedure Oct. 25, 2012
Doe #1 v. Reed
Washington does not have to stop release of names of people who signed petitions to overturn bill that expanded domestic partners’ rights.
Civil Procedure Oct. 24, 2012
Young v. Tri-City Healthcare District
Court may hear hospital's request for reconsideration of ruling where hospital filed similar appeal contesting ruling in favor of fired doctor.
Civil Procedure Oct. 18, 2012
United States v. U.S. District Court (Baldwin)
Government does not need to send Assistant Attorney General to initial settlement conference regarding tax dispute.
Civil Procedure Oct. 17, 2012
Mastick v. TD Ameritrade Inc.
When investor sues her accountant based on agreement governed by California law, federal law does not require arbitration of case.
Civil Procedure Oct. 11, 2012