Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H028795
|
People v. $17,522.08 United States Currency
Where claimant failed to assert her right to jury trial, judgment of forfeiture of property is proper. |
Civil Procedure |
|
Nov. 6, 2006 | |
B181928
|
Sander/Moses Productions Inc. v. NBC Studios Inc.
Burden of proof is not shifted if information available to claimant is adequate for it to calculate contingent compensation it is owed. |
Civil Procedure |
|
Nov. 6, 2006 | |
B183942
|
Nelson v. Indevus Pharmaceuticals Inc.
Plaintiff's complaint alleging injuries caused by 'Fen-phen' is not barred by statute of limitations. |
Civil Procedure |
|
Nov. 5, 2006 | |
B185992
|
Foundation for Taxpayer and Consumer Rights v. Nextel Communications Inc.
Court abused its discretion by denying leave to amend where organization sought to add plaintiff who allegedly suffered injury. |
Civil Procedure |
|
Nov. 5, 2006 | |
D047004
|
Thornburg v. El Centro Regional Medical Center
Evidence Code Section 1158 gives patients private right of action to enforce its provisions, including cost limitations on copying medical records. |
Civil Procedure |
|
Nov. 5, 2006 | |
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 |
|
Nov. 2, 2006 | |
B180062
|
Seever v. Copley Press Inc.
Where employer prevailed in discrimination action against it, award for costs of preparing unused trial exhibits was not proper. |
Civil Procedure |
|
Nov. 2, 2006 | |
05-56664
|
Reddam v. KPMG
District court erred when it remanded case after finding arbitration agreement became unenforceable because NASD arbitrator had declined jurisdiction. |
Civil Procedure |
|
Nov. 1, 2006 | |
04-16389
|
AMERCO v. NLRB
In case involving NLRB, district court did not err in dismissing employer's request for injunctive relief based on lack of subject matter jurisdiction. |
Civil Procedure |
|
Nov. 1, 2006 | |
B187011
|
Hawks v. Hawks
Trial court's reliance on Code of Civil Procedure Section 583.410(a) for dismissal was improper. |
Civil Procedure |
|
Nov. 1, 2006 | |
B175530
|
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. 1, 2006 | |
A112311
|
California Correctional Peace Officers Assoc. v. State
Existence of potentially dispositive statutory issue will not prevent enforcement of arbitration agreement, and arbitrator is authorized to interpret statute at arbitration. |
Civil Procedure |
|
Nov. 1, 2006 | |
D046702
|
Colony Hill v. Ghamaty
Appellate court lacks jurisdiction to review award of fees, unless order was separately appealed or entitlement to fees was included in judgment. |
Civil Procedure |
|
Nov. 1, 2006 | |
04-15577
|
Peeble Beach Co. v. Caddy
Because defendant did not aim conduct at California or United States, district court properly determined that it lacked personal jurisdiction. |
Civil Procedure |
|
Oct. 26, 2006 | |
G034755
|
People ex rel. Lockyer v. Brar
Motion to set aside default was properly denied against attorney who filed shakedown lawsuits against small businesses. |
Civil Procedure |
|
Oct. 25, 2006 | |
B185841
|
Burkle v. Burkle
Based on inspection rights of Corporations Code Section 17453 provided to members of foreign companies, plaintiff is entitled to discovery of financial records. |
Civil Procedure |
|
Oct. 25, 2006 | |
A108572
|
Klussman v. Cross Country Bank
In credit cardholder agreement, waiver of right to bring class-wide arbitration was unenforceable under California law. |
Civil Procedure |
|
Oct. 24, 2006 | |
04-55096
|
Brother Records Inc. v. Jardine
There is no abuse of discretion where federal district court followed state court's ruling in regard to res judicata. |
Civil Procedure |
|
Oct. 24, 2006 | |
C049470
|
Kreeger v. Wanland
Denial of special motion to strike is proper where plaintiffs had right to pursue malicious prosecution claim. |
Civil Procedure |
|
Oct. 23, 2006 | |
S126715
|
Soukup v. Law Offices of Herbert Hafif
In case involving malicious prosecution action under SLAPPback statute, plaintiff has shown probability of prevailing on her claim. |
Civil Procedure |
|
Oct. 23, 2006 | |
S128429
|
Flatley v. Mauro
Party whose petitioning activity was illegal and unprotected by guarantee of free speech could not use anti-SLAPP statute to strike complaint. |
Civil Procedure |
|
Oct. 23, 2006 | |
S127513
|
S.B. Beach Properties v. Berti
Defendants who did not file anti-SLAPP motion before plaintiffs' voluntary dismissal may not recover attorney fees and costs under anti-SLAPP statute. |
Civil Procedure |
|
Oct. 23, 2006 | |
C049472
|
Witte v. Kaufman
Anti-SLAPP statute does not award attorney fees to attorney representing himself, however cost of retaining outside counsel to assist may be compensated. |
Civil Procedure |
|
Oct. 23, 2006 | |
A111153
|
Dunbar v. Albertson's Inc.
In case against grocery store chain, denial of class certification is proper where it is necessary to evaluate liability on individual basis. |
Civil Procedure |
|
Oct. 22, 2006 | |
A109303
|
Mendoza v. Brodeur
Unlicensed roofer, not entitled to workers' compensation, may still pursue tort claim because employer did not provide workers' compensation insurance. |
Civil Procedure |
|
Oct. 22, 2006 | |
A112661
|
Ray v. Goodman
In personal injury case, post-judgment order is not proper where court awarded pre-judgment interest from date of second settlement offer. |
Civil Procedure |
|
Oct. 22, 2006 | |
B183709
|
Fininen v. Barlow
Where mediator was involved in party's earlier case, judgment upholding arbitration award is proper. |
Civil Procedure |
|
Oct. 22, 2006 | |
A112311
|
California Correctional Peace Officers Assoc. v. State
Existence of potentially dispositive statutory issue will not prevent enforcement of arbitration agreement, and arbitrator is authorized to interpret statute at arbitration. |
Civil Procedure |
|
Oct. 22, 2006 | |
G035605
|
Moghaddam v. Bone
Where notice of motion to set aside default and default judgment were wrongly addressed, party lacked proper notice and order was void. |
Civil Procedure |
|
Oct. 22, 2006 | |
A112273
|
Okoro v. City of Oakland
Where entry of judgment was not directed against unnamed defendants, action remained pending through time for filing appeal from final order. |
Civil Procedure |
|
Oct. 22, 2006 |