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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Fininen v. Barlow
Where mediator was involved in party's earlier case, judgment upholding arbitration award is proper.
Civil Procedure Oct. 22, 2006
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
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
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