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Merrill Lynch, Pierce, Fenner and Smith v. ENC Corp.
In interpleader action, Republic of the Philippines is not indispensable party under Federal Rule of Civil Procedure 19(b). 		Civil Procedure Dec. 5, 2006
Leon v. IDX Systems Corp.
Dismissal with prejudice of plaintiff's claims was proper after district court determined plaintiff despoiled evidence by deleting files from employer-issued computer. 		Civil Procedure Dec. 5, 2006
Curl v. Superior Court (People)
Offender seeking post-conviction discovery did not carry burden to show prosecution failed to present discovery materials it was obligated to produce. 		Civil Procedure Nov. 28, 2006
Summers v. McClanahan
Plaintiff improperly served defendant under Code of Civil Procedure Section 416.90 when plaintiff served summons and complaint on defendant's personal manager. 		Civil Procedure Nov. 28, 2006
Cooley v. Superior Court (Greenstein)
Motion to enforce deposition subpoena duces tecum against DA's office was improperly granted where DA's office is not custodian of records. 		Civil Procedure Nov. 28, 2006
The Newport Beach Country Club Inc. v. Founding Members of the Newport Beach Country Club
Where court decides case on two alternate grounds, judgment is binding under principle of res judicata only on ground addressed by appellate court 		Civil Procedure Nov. 28, 2006
Higgins v. Superior Court (Disney/ABC International Television)
Contract that petitioners signed to be on television show contained unconscionable arbitration provision and is thus unenforceable. 		Civil Procedure Nov. 28, 2006
Karlsson v. Ford Motor Co.
Evidence and issue preclusion sanctions imposed upon car manufacturer for discovery violations in product liability action were proper. 		Civil Procedure Nov. 28, 2006
Bob Parrett Construction Inc. v. Superior Court (Northrop Grumman Space and Mission Systems Corp.)
Petitioner is entitled to good faith settlement determination where settlement resulted in its release from civil liability. 		Civil Procedure Nov. 28, 2006
Integrated Healthcare Holdings Inc. v. Fitzgibbons
Defendant's special motion to strike should have been granted where e-mail message questioning financial condition of company concerned matter of public interest. 		Civil Procedure Nov. 27, 2006
Butler v. Vons Companies Inc.
Question of fact exists as to whether release signed in grievance action also applied to subsequent employment discrimination claim. 		Civil Procedure Nov. 27, 2006
S.B. Beach Properties v. Berti
Voluntary dismissal of alleged SLAPP suit does not deprive trial court of jurisdiction to decide issues of attorney fees and costs. 		Civil Procedure Nov. 16, 2006
Berglund v. Arthroscopic & Laser Surgery Center of San Diego
Where arbitrator has made discovery determination under Code of Civil Procedure, nonparty may seek judicial review of that order in court. 		Civil Procedure Nov. 16, 2006
First Federal Bank of California v. Superior Court (Prestige of Beverly Hills Inc.)
Where re-examination of issue previously in controversy was required, proceeding was considered retrial and party's peremptory challenge should have been allowed. 		Civil Procedure Nov. 16, 2006
Johnson v. Superior Court (Rosenthal)
In medical malpractice case, doctors' expert declaration was insufficient to establish that they acted within standard of care. 		Civil Procedure Nov. 16, 2006
Cano v. Glover
Party was not entitled to dismissal of case without prejudice when he filed fourth amended complaint and did not name defendant. 		Civil Procedure Nov. 16, 2006
In re Tobacco Cases II
Lawsuit against tobacco companies for advertisements targeted to minors is preempted by federal law. 		Civil Procedure Nov. 15, 2006
Lockheed Litigation Cases
Trial court may exclude expert testimony when it finds no basis for opinion in materials on which expert relied. 		Civil Procedure Nov. 15, 2006
Kearney v. Salomon Smith Barney, Inc.
For recording business calls between Georgia and California, California's privacy law controls, but Georgia law applies to any past recording activity. 		Civil Procedure Nov. 10, 2006
Chemical Producers and Distributors Association v. Helliker
Intervening amendments to state's pesticide registration laws rendered party's appeal moot. 		Civil Procedure Nov. 8, 2006
Tobacco II Cases
UCL claim that requires numerous individual determinations for each plaintiff's exposure to alleged misrepresentations by tobacco companies is unsuitable for class action. 		Civil Procedure Nov. 8, 2006
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 Nov. 8, 2006
Simmons v. Ghaderi
In medical malpractice action, provisions governing mediation confidentiality did not prevent plaintiff from introducing evidence of oral settlement agreement. 		Civil Procedure Nov. 7, 2006
Armenta ex. rel. City of Burbank v. Mueller Co.
Court abused its discretion when it conditioned party's ability to file second amended complaint on compliance with detailed discovery demand. 		Civil Procedure Nov. 7, 2006
Vandermoon v. Sanwong
Judgment entered after uncontested trial in defendant's absence is neither default, default judgment nor dismissal, subject to CCP Section 473(b) relief. 		Civil Procedure Nov. 6, 2006
Allstate Insurance Co. v. Superior Court (Jessel)
Arbitration award must be corrected to conform to parties' agreement, however because agreement provided award was final, award may not be vacated. 		Civil Procedure Nov. 6, 2006
DaimlerChrysler Motors Co. v. Lew Williams Inc.
Special motion to strike is properly denied where car manufacturer showed probability of prevailing on its claim against dealer. 		Civil Procedure Nov. 6, 2006
Armenta ex. rel. City of Burbank v. Mueller Co.
Court abused its discretion when it conditioned party's ability to file second amended complaint on compliance with detailed discovery demand. 		Civil Procedure Nov. 6, 2006
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 Nov. 6, 2006
In re Ringgold
Written direct contempt order based on violation of prior order must describe what earlier order demanded and contemptuous conduct. 		Civil Procedure Nov. 6, 2006
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