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Kunysz v. Sandler
Plaintiff's motion for reconsideration filed 10 months after initial motion to strike under anti-SLAPP statute was denied as untimely.
Civil Procedure Jan. 31, 2007
Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead)
Privacy interests of customers who lodged complaints with manufacturer about product are not violated by disclosure of their contact information to class action plaintiff.
Civil Procedure Jan. 31, 2007
Vergos v. McNeal
In wrongful termination case, employer's statements were connected with issue under review by official proceeding and were protected by anti-SLAPP statute.
Civil Procedure Jan. 30, 2007
Daniel V. v. Superior Court (People)
Minors' peremptory challenges to judge in juvenile cases were timely where there was no valid all-purpose assignment.
Civil Procedure Jan. 29, 2007
Mann v. Quality Old Time Service Inc.
Defendants who only partially prevailed on anti-SLAPP motion were entitled to half of their claimed attorney fees.
Civil Procedure Jan. 29, 2007
Dutra v. Eagleson
Plaintiff's childhood sexual abuse claim was subject to discovery rule of Code of Civil Procedure Section 340.1 and not its 2003 revival period.
Civil Procedure Jan. 29, 2007
P.N. v. Seattle School District No. 1
Where claimant is not prevailing party because settlement agreement for underlying IDEA claim lacked judicial imprimatur, he cannot recover attorney fees.
Civil Procedure Jan. 29, 2007
Jeld-Wen Inc. v. Superior Court (Marlborough Development Corp.)
Trial courts may not order parties in complex construction defect case to attend and pay for private mediation.
Civil Procedure Jan. 25, 2007
Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead)
Privacy interests of customers who lodged complaints with manufacturer about product are not violated by disclosure of their contact information to class action plaintiff.
Civil Procedure Jan. 25, 2007
Bettencourt v. City and County of San Francisco
Pursuant to applicable civil action tolling provision, disciplinary charges against officers were timely filed before expiration of one-year limitations period.
Civil Procedure Jan. 24, 2007
Sofranek v. Merced County
Where county's course of conduct was inconsistent with treating limitations period as running from specific date, doctrine of estoppel applied.
Civil Procedure Jan. 23, 2007
U.S. v. Jawara
'Same or similar character' basis for joinder cannot join immigration crimes that are unrelated in purpose, timing, location, modus operandi and evidence.
Civil Procedure Jan. 23, 2007
Conlon v. United States
Courts must consider factors set forth in Federal Rule of Civil Procedure 36(b) in deciding motions to grant or amend requests for admissions.
Civil Procedure Jan. 19, 2007
Efaw v. Williams
District court abused its discretion in denying defendant's motion to be dismissed based on plaintiff's failure to comply with FRCP 4(m).
Civil Procedure Jan. 19, 2007
Henrichs v. Valley View Development
In appeal stemming from quiet title action in state courts, declaratory relief claim is barred pursuant to 'Rooker-Feldman' doctrine.
Civil Procedure Jan. 19, 2007
U.S. v. Lee
Conviction for mistreatment of garment factory workers stands where court had jurisdiction and venue was proper.
Civil Procedure Jan. 12, 2007
Huseman v. Icicle Seafoods Inc.
Court's failure to make specific findings of prejudice to support laches bar made its determination that employee's claim was time-barred erroneous.
Civil Procedure Jan. 12, 2007
Slayton v. Superior Court (Slayton)
Where personnel records of sheriff's deputy could contain evidence of brutality that may substantiate wife's domestic violence claims, in camera review was warranted.
Civil Procedure Jan. 11, 2007
Pfizer Inc. v. Superior Court (Galfano)
In false advertising case, class certification is not proper where class members must have suffered injury in fact.
Civil Procedure Jan. 11, 2007
Aguon-Schulte v. Guam Election Commission
Appellate review of district court's denial of motion to disqualify counsel and order of removal are statutorily prohibited in certain circumstances.
Civil Procedure Jan. 10, 2007
People v. Superior Court (Maury)
Defendant need not demonstrate that requested materials actually exist and are in prosecution's possession as prerequisite to obtaining order for discovery.
Civil Procedure Jan. 10, 2007
Jacob B. v. County of Shasta
Privacy claim must yield to privilege where letter stating plaintiff molested child was submitted to court.
Civil Procedure Jan. 10, 2007
Cable Connection Inc. v. DIRECTV Inc.
Parties subject to binding arbitration agreement may not contractually expand court's jurisdiction to review arbitration award for legal error.
Civil Procedure Jan. 10, 2007
Simmons v. Ghaderi
In medical malpractice action, provisions governing mediation confidentiality did not prevent plaintiff from introducing evidence of oral settlement agreement.
Civil Procedure Jan. 10, 2007
Kolar v. Donahue, McIntosh & Hammerton
Client's legal malpractice action against attorney did not arise from activity protected under anti-SLAPP statute.
Civil Procedure Jan. 9, 2007
Gottlieb v. Kest
Summary judgment based on doctrine of judicial estoppel was not proper where bankruptcy court had not accepted prior position as true.
Civil Procedure Jan. 9, 2007
Guseinov v. Burns
Arbitrator has no duty to disclose his prior service as pro bono mediator where there is no basis for disqualification.
Civil Procedure Jan. 8, 2007
Kelly v. Haag
Without evidence of defendant's actual financial condition at time of trial, any award of punitive damages is unsupported by substantial evidence and excessive.
Civil Procedure Jan. 8, 2007
Sheppard v. Lightpost Museum Fund
Arbitration claims filed only in arbitral forums are not subject to special motion to strike under Code of Civil Procedure Section 425.16.
Civil Procedure Jan. 8, 2007
Baker v. Exxon Mobile Corp.
Where ratio of punitive damages to economic harm was disproportionate, award imposed on oil company was reduced to $2.5 billion to reflect mitigating factors.
Civil Procedure Jan. 8, 2007