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Name Category Published
SC Manufactured Homes Inc. v. Canyon View Estates Inc.
Prevailing parties are properly denied attorney fees where case does not arise out of Mobilehome Residency Law. 		Civil Procedure Mar. 19, 2007
Vasquez de Mercado v. Superior Court (McClung)
Fraud claim against veterinarian, seeking punitive damages for economic injury suffered by animal's owner, is not covered by Medical Injury Compensation Reform Act. 		Civil Procedure Mar. 19, 2007
In re Napster Inc. Copyright Litigation
Party seeking disclosure of attorney-client communications under crime-fraud exception must establish its applicability, and party asserting privilege has right to introduce countervailing evidence. 		Civil Procedure Mar. 16, 2007
Alan v. American Honda Motor Co. Inc.
Appeal of order denying motion for class certification was not timely filed. 		Civil Procedure Mar. 15, 2007
Luckett v. Keylee
Under vexatious litigant statutes, defendants are erroneously awarded attorney fees in amount of unposted bond. 		Civil Procedure Mar. 14, 2007
Lawrence v. Florida
Federal habeas application is untimely where tolling of limitations period during pendency of petition for certiorari is not permitted. 		Civil Procedure Mar. 14, 2007
Operating Engineers Local Union No. 3 v. Newmont Mining Corp.
Parties contracted to arbitrate significant question of fact regarding incident that may have taken place before collective bargaining agreement expired. 		Civil Procedure Mar. 14, 2007
Shah v. McMahon
Challenging order awarding attorney fees to prevailing party on motion to expunge requires petition for writ of mandate, not appeal. 		Civil Procedure Mar. 13, 2007
Aquila Inc. v. Superior Court (City and County of San Francisco)
Exercise of jurisdiction over foreign parent company is improper if parent lacks sufficient minimum contacts within state, and representative services doctrine is inapplicable. 		Civil Procedure Mar. 13, 2007
Levitz v. The Warlocks
Tentative settlement agreement with open material terms is not binding settlement on parties permitting court to dismiss underlying action. 		Civil Procedure Mar. 13, 2007
Lowdermilk v. United States Bank National Assoc.
Party seeking removal must prove to legal certainty that amount in controversy jurisdictional requirement is satisfied, notwithstanding lower amount stated in complaint. 		Civil Procedure Mar. 9, 2007
Ohel Rachel Synagogue v. United States
Government need not disgorge interest earned on seized currency where it does not initiate judicial forfeiture proceedings. 		Civil Procedure Mar. 9, 2007
Sinaiko Healthcare Consulting Inc. v. Pacific Healthcare Consultants
Service of untimely response to interrogatories does not divest trial court of its authority to hear and grant motion to compel response. 		Civil Procedure Mar. 9, 2007
Kouri v. Superior Court (BDO Seidman)
If auditors' deviations from generally accepted accounting principles raises inference of fraud or recklessness, it also raises triable issue for investors misrepresentation claim. 		Civil Procedure Mar. 9, 2007
Serrano v. 180 Connect Inc.
Where defendants removed case, class action plaintiff seeking remand bears burden of proof as to 'home-state controversy' exception. 		Civil Procedure Mar. 9, 2007
Sinochem International Co. v. Malaysia International Shipping Co.
In dismissing action for forum non conveniens, court may presume, rather than dispositively decide, that it had proper jurisdiction over claim. 		Civil Procedure Mar. 9, 2007
Progressive West Insurance Co. v. Preciado
In case where plaintiff alleges unfair business practices against insurance company, Class Action Fairness Act does not grant federal court removal jurisdiction. 		Civil Procedure Mar. 9, 2007
Hernandez v. City of Pomona
Res judicata did not bar decedent's family from initiating state negligence action after federal excessive force action had been decided. 		Civil Procedure Mar. 8, 2007
McMullen v. Haycock
Mere transfer of fully exempt private retirement plan assets to IRA did not eliminate their full exemption from execution for purposes of satisfying judgment. 		Civil Procedure Mar. 7, 2007
Bonander v. Town of Tiburon
Case involving validation statutes is properly dismissed where plaintiffs failed to comply with publication of notice requirements. 		Civil Procedure Mar. 7, 2007
Holcombe v. Hosmer
Constitutional claim is claim precluded if it could have been raised at earlier proceedings regarding employment claim arising from same set of facts. 		Civil Procedure Mar. 7, 2007
Taus v. Loftus
Appellate court properly found evidence presented by plaintiff is sufficient to establish prima facie case under intrusion-into-private-matters tort. 		Civil Procedure Mar. 7, 2007
Dyer v. Childress
Anti-SLAPP statute does not protect 'Reality Bites' producers where defamation claim based on unflattering portrayal of slacker is not issue of public interest. 		Civil Procedure Mar. 7, 2007
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Employee was required to set aside employer's decision in writ of mandate proceeding as prerequisite to filing civil tort action. 		Civil Procedure Mar. 7, 2007
People v. Vogel
Defendant whose appeal presents new charges and evidence is still barred from relitigating probable cause issue stemming from same arrest. 		Civil Procedure Mar. 7, 2007
Moran v. Murtaugh Miller Meyer & Nelson
In assessing whether vexatious litigant has reasonable probability of success on his claim, trial court may weigh evidence presented on motion. 		Civil Procedure Mar. 7, 2007
Poizner v. Fremont General Corp.
Trial court erred by taking judicial notice of enforceability and proper interpretation of letter agreement and deciding questions in ruling on demurrer. 		Civil Procedure Mar. 1, 2007
Christian Research Institute v. Alnor
For defamation claim to survive anti-SLAPP motion, public figures must demonstrate falsity by preponderance of evidence, and malice by clear and convincing evidence. 		Civil Procedure Mar. 1, 2007
Franklin Capital Corp. v. Wilson
Plaintiff had right to voluntarily dismiss case without prejudice day before OSC hearing. 		Civil Procedure Mar. 1, 2007
Moran v. Murtaugh, Miller, Meyer & Nelson LLP
Trial court may weigh evidence to decide whether to require security of vexatious litigant. 		Civil Procedure Feb. 28, 2007
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