| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-17359
|
Thorson v. Palmer
Offender's federal habeas corpus petition fell outside limitations period where state habeas petition was deemed untimely and tolling provision did not apply. |
Civil Procedure |
|
Feb. 22, 2007 | |
|
06-71671
|
National Association of Agriculture Employees v. Federal Labor Relations Authority
Court lacks jurisdiction where Federal Labor Relations Authority's professional status finding was component of appropriate collective bargaining unit determination. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
G036880
|
Glatman v. Valverde
Lapse of one week between DUI arrest and certification of defendant's blood test results is too long to satisfy public record hearsay exception. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
B187363
|
Kurwa v. Harrington, Foxx, Dubrow & Canter LLP
Letter sent by physician's attorney to HMO seeking to terminate capitation agreement was not protected speech under anti-SLAPP law. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
04-56880
|
Adams v. State of California Dept. of Health Services
In case involving withdrawal of conditional offer of employment, court properly dismisses duplicative complaint filed by plaintiff. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
G035607
|
Kemp Bros. Construction Inc. v. Titan Electric Corp.
Right to attach order is improperly granted where defendant is not precluded from litigating alleged breach of contract issue. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
C050766
|
Gilbert v. Sykes
Where plastic surgeon was limited purpose public figure, statements alleging his procedures resulted in disfigurement were entitled to constitutional protection. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
B194004
|
First American Title Insurance Co. v. Superior Court (Sjobring)
Plaintiff purporting to bring action on behalf of class he was never member of may not obtain precertification discovery to find new class representative. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
B189736
|
Temple City Redevelopment Agency v. Bayside Drive Limited Partnership
Defendant may recover litigation expenses where condemnation action was dismissed, even though it sold property in question. |
Civil Procedure |
|
Feb. 16, 2007 | |
|
05-15360
|
Stephanie-Cardona v. Smith's Food and Drug Centers Inc.
In breach of contract case, plaintiff's notice of appeal is untimely where it did not satisfy 30-day filing requirement. |
Civil Procedure |
|
Feb. 9, 2007 | |
|
H029791
|
Shisler v. Sanfer Sports Cars Inc.
Court lacks personal jurisdiction where car business incorporated in Florida did not have minimum contacts with California. |
Civil Procedure |
|
Feb. 7, 2007 | |
|
B182153
|
Hightower v. Roman Catholic Bishop of Sacramento
Plaintiff's lawsuit against Roman Catholic Bishop alleging childhood sexual abuse by priest is time-barred. |
Civil Procedure |
|
Feb. 6, 2007 | |
|
A108176
|
Robinzine v. Vicory
Denial of special motion to strike is not proper where plaintiff cannot establish prima facie case for malicious prosecution claim. |
Civil Procedure |
|
Feb. 6, 2007 | |
|
A111421
|
Weber v. John Crane Inc.
Evidence that mesothelioma patient does not recall manufacturer's name, without more, is insufficient to establish that manufacturer did not cause his injuries. |
Civil Procedure |
|
Feb. 6, 2007 | |
|
G037421
|
Carehouse Convalescent Hospital v. Superior Court (Sims)
Party failed to make requisite showing of 'extremely' good cause to overcome presumption against taking deposition of defense counsel. |
Civil Procedure |
|
Feb. 6, 2007 | |
|
B184145
|
AmerUS Life Insurance Co. v. Bank of America
In case regarding issuance of fraudulent insurance policies, three-year statute of limitations bars insurer's conversion claim against bank. |
Civil Procedure |
|
Feb. 6, 2007 | |
|
C045534
|
Reigelsperger v. Siller
Plaintiffs are not required to arbitrate medical malpractice claims because open-book account relationship did not exist. |
Civil Procedure |
|
Feb. 6, 2007 | |
|
B183049
|
Patchett v. Bergamot Station Ltd.
Arbitrator who issued award in initial dispute between parties did not exceed power by arbitrating subsequent dispute between same parties. |
Civil Procedure |
|
Feb. 5, 2007 | |
|
B172533
|
Mayes v. Bryan
In wrongful death action, defendants invited any instructional error where jury determined that doctor's negligence was cause of death. |
Civil Procedure |
|
Feb. 5, 2007 | |
|
A107538
|
Novartis Vaccines and Diagnostics Inc. v. Stop Huntingdon Animal Cruelty USA Inc.
Motion to strike is properly denied where organization's attacks on employees of biopharmaceutical company were unlawful. |
Civil Procedure |
|
Feb. 2, 2007 | |
|
04-16182
|
Hall v. North American Van Lines Inc.
Court had removal jurisdiction over plaintiff's interstate-shipping contract claim where claim was completely pre-empted by Carmack Amendment. |
Civil Procedure |
|
Feb. 2, 2007 | |
|
B192186
|
Vivid Video Inc. v. Playboy Entertainment Group Inc.
Where issue of whether claims were to be arbitrated remained unresolved, no appealable final judgment was entered. |
Civil Procedure |
|
Feb. 2, 2007 | |
|
C052300
|
Miller v. Union Pacific Railroad Co.
Prevailing plaintiff in Federal Employers' Liability Act action may not recover expert witness fees under state law. |
Civil Procedure |
|
Feb. 2, 2007 | |
|
B184525
|
The Ebensteiner Co. Inc. v. The Chadmar Group
Settlement agreement between parties explicitly requiring appeal to be dismissed rendered current proceedings moot. |
Civil Procedure |
|
Feb. 1, 2007 | |
|
B184504
|
Alvarez v. May Department Stores Co.
Based on doctrine of collateral estoppel, trial court did not err in sustaining employer's demurrer to plaintiffs' class action allegations. |
Civil Procedure |
|
Feb. 1, 2007 | |
|
G037226
|
Kunysz v. Sandler
Denial of motion for reconsideration filed nearly nine months after original anti-SLAPP complaint is not abuse of discretion. |
Civil Procedure |
|
Feb. 1, 2007 | |
|
C052039
|
Jones v. Catholic Healthcare West
Court erroneously granted defendants' motion for summary judgment where notice of intent to sue extended limitations period and complaint was timely filed. |
Civil Procedure |
|
Feb. 1, 2007 | |
|
C051148
|
Tamburina v. Combined Insurance Co. of America
Plaintiff who established period of impracticability to warrant tolling of statute of limitations must also show he exercised reasonable diligence in prosecuting case. |
Civil Procedure |
|
Feb. 1, 2007 | |
|
G036999
|
Roehl v. Ritchie
Court's judgment confirming second arbitration award is proper where arbitrator did not re-evaluate previously determined issues. |
Civil Procedure |
|
Feb. 1, 2007 | |
|
05-15687
|
O'Donnell v. Vencor Inc.
Statute of limitations for claims brought under Equal Pay Act may be subject to equitable tolling. |
Civil Procedure |
|
Jan. 31, 2007 |
