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Service Employees International Union Local 1000 v. Dept. of Personnel Administration
If collective bargaining agreement provides process for dispute settlement, party alleging constitutional violation must first exhaust this process before filing lawsuit. 		Civil Procedure Oct. 22, 2006
Kibler v. Northern Inyo County Local Hospital District
SLAPP procedure is available in suit brought by physician and arising out of disciplinary recommendation by hospital's peer review committee. 		Civil Procedure Oct. 20, 2006
Californians for Disability Rights v. Mervyn's
Amended standing provisions of Proposition 64 apply to pending cases. 		Civil Procedure Oct. 20, 2006
Branick v. Downey Savings and Loan Association
Amended standing provisions of Proposition 64, applying to pending cases, do not expressly or implicitly forbid amendment of complaints to substitute new plaintiffs. 		Civil Procedure Oct. 20, 2006
Johnson v. Columbia Properties Anchorage LP
For diversity purposes, limited liability company was citizen of every state of which its owners/members were citizens. 		Civil Procedure Oct. 19, 2006
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 Oct. 19, 2006
Vasquez v. State of California
Plaintiff in taxpayer waste case was successful party where she obtained stipulated injunction requiring state to comply with Proposition 139. 		Civil Procedure Oct. 18, 2006
McVeigh v. Does 1 through 3
In childhood sexual abuse case, attorney's certificate justifying late-filed certificates of merit need not be filed with complaint. 		Civil Procedure Oct. 18, 2006
United States v. Catholic Healthcare West
Prohibiting qui tam relators from basing allegations on any information obtained in FOIA response would frustrate fraud-detection purpose of False Claims Act. 		Civil Procedure Oct. 18, 2006
Thornburg v. Superior Court (Bactes Imaging Solutions Inc.)
Company that contracts with hospital to respond to patient requests for medical records is bound by Evidence Code Section 1158 cost restrictions. 		Civil Procedure Oct. 18, 2006
People v. Wesson
Defendant's conviction of sodomy by force is upheld where evidence of prior sex offenses was properly admitted pursuant to Evidence Code. 		Civil Procedure Oct. 18, 2006
Premier Medical Management Systems Inc. v. California Insurance Guarantee Association
Trial court erred in denying insurers' anti-SLAPP motion where gravamen of complaint pertained to contesting payment of claims before administrative board. 		Civil Procedure Oct. 18, 2006
Freeman v. DirecTV Inc.
District court properly concluded sections of Electronic Communications Privacy Act do not provide for secondary liability claims of conspiracy and aiding and abetting. 		Civil Procedure Oct. 18, 2006
Stevenson Real Estate Services Inc. v. CB Richard Ellis Real Estate Services Inc.
Party's first amended complaint failed to plead wrongful conduct in support of interference with prospective economic advantage cause of action. 		Civil Procedure Oct. 17, 2006
Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi
Prevailing party to anti-SLAPP motion can recover costs for appeal and challenge to plaintiff's attempt to stay enforcement of judgment pending appeal. 		Civil Procedure Oct. 17, 2006
Brassfield v. Moreland Schooll District
Presence of alternate juror during deliberations was not reversible per se error and because presumption of prejudice was overcome it was harmless error. 		Civil Procedure Oct. 17, 2006
Stavropoulos v. Superior Court (Stavropoulos)
Malicious prosecution action is subject to two-year statute of limitation under catch-all provision of Civil Code Section 335.1. 		Civil Procedure Oct. 17, 2006
Firestone v. Hoffman
Litigant's own foreign tax returns are not protected by privilege if they contain information relevant to proceeding. 		Civil Procedure Oct. 16, 2006
John B. v. Superior Court (Bridget B.)
Discovery is allowed to establish if party has constructive knowledge of HIV infection during 'window period' of possible infection. 		Civil Procedure Oct. 16, 2006
Harris v. Verizon Communications
Immunity conferred by Unclaimed Property Law is absolute, despite plaintiff's claim that escheatment was wrongful. 		Civil Procedure Oct. 16, 2006
Abouab v. City and County of San Francisco
For nonprevailing party to recover attorney fees, party must utilize 'catalyst theory,' which has prerequisite of filing prelitigation notice. 		Civil Procedure Oct. 16, 2006
Perryman v. Superior Court (People)
Offender's successful motion to quash jury venire was not 'mistrial' motion that triggered new period in which offender could be tried. 		Civil Procedure Oct. 16, 2006
Lively v. Wild Oats Markets Inc.
Forum defendant rule incorporated in 28 U.S.C. Section 1441(b) is procedural requirement where violation constitutes waivable nonjurisdictional defect. 		Civil Procedure Oct. 4, 2006
Chambers v. Miller
Party bringing special motion to strike under anti-SLAPP statute cannot recover attorney fees if underlying claim is dismissed prior to filing of motion. 		Civil Procedure Oct. 4, 2006
O'Grady v. Superior Court (Apple Computer Inc.)
Subpoena to email service provider cannot be enforced consistent with plain terms of federal Stored Communications Act. 		Civil Procedure Sep. 27, 2006
Kids Against Pollution v. California Dental Assn.
Lawsuit challenging endorsement of mercury teeth fillings should have been struck under anti-SLAPP law. 		Civil Procedure Sep. 26, 2006
Harron v. Bonilla
Trial court properly denied special motions to strike defamation action against defendants under anti-SLAPP statute. 		Civil Procedure Sep. 25, 2006
O'Meara v. Palomar-Pomerado Health System
Doctor's lawsuit challenging hospital's peer review committee was not subject to strike under anti-SLAPP law. 		Civil Procedure Sep. 25, 2006
U.S. v. Rosenthal
In case involving conviction for violations of Controlled Substances Act, new trial is proper where conversation between juror and attorney involved extraneous information. 		Civil Procedure Sep. 22, 2006
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 Sep. 12, 2006
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