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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. 12, 2006
Lindsay v. Lewandowski
Settlement agreement between parties lacking agreement to resolve payment term dispute was unenforceable.
Civil Procedure Sep. 11, 2006
Haberbush v. Charles and Dorothy Cummins Family Limited Partnership
In case involving voluntary general assignment for benefit of creditors, federal Bankruptcy Code does not pre-empt Code of Civil Procedure Section 1800.
Civil Procedure Sep. 11, 2006
Tortorella v. Castro
Summary judgment is improper when opposing papers raise triable issues regarding whether physician deviated from standard of care by performing unnecessary surgery.
Civil Procedure Sep. 11, 2006
Lindelli v. Town of San Anselmo (Marin Sanitary Service)
Where case resulted in enforcement of rights affecting public interest, attorneys acting on own behalf could intervene and seek attorney fees.
Civil Procedure Sep. 8, 2006
Volkswagen of America Inc. v. Superior Court (Rusk)
Documents submitted to bankruptcy trusts by plaintiff's attorney in support of compensation claims may be discoverable in similar litigation against other entity.
Civil Procedure Sep. 8, 2006
Karlsen v. Superior Court (Cannonball Acquisitions)
Trial court exceeded its jurisdiction when it granted motion for peremptory challenge to original trial judge after case was remanded on appeal.
Civil Procedure Sep. 8, 2006
Donner Management Co. v. Schaffer
Award of attorney fees in shareholder derivative lawsuit was proper where party was 'prevailing party' under Corporations Code.
Civil Procedure Sep. 7, 2006
Paulus v. Bob Lynch Ford Inc.
Trial court properly granted defendant's special motion to strike malicious prosecution claim under anti-SLAPP statute.
Civil Procedure Sep. 7, 2006
Moran v. California Dept. of Motor Vehicles
Writ relief cannot be granted where DMV has no duty to renew vehicle registration without salvage certificate.
Civil Procedure Sep. 7, 2006
Drum v. Superior Court of Riverside County
Party claiming judge who imposed multiple sanctions against him was biased presented untimely appeal.
Civil Procedure Sep. 7, 2006
Tien v. Superior Court (Tenet Healthcare Corp.)
Compelled disclosure of names and contact information of putative class members violates privacy rights of members who contacted plaintiffs' counsel.
Civil Procedure Sep. 6, 2006
Sosa v. DIRECTV Inc.
Prelitigation communications demanding settlement of legal claims are afforded protection of 'Noerr-Pennington' doctrine.
Civil Procedure Sep. 6, 2006
Smock v. State of California
Collateral source rule applies to exclude from evidence gratuitous payments made to injured victim by his employer law firm.
Civil Procedure Aug. 30, 2006
Fairfax v. Lords
Physician's belated designation of retained experts violated Code of Civil Procedure Section 2034 and prejudiced injured party in malpractice suit.
Civil Procedure Aug. 30, 2006
Jonathan Neil & Associates Inc. v. Jones
Renewal of judgment is not appealable order, but order denying motion to vacate renewal of judgment is appealable.
Civil Procedure Aug. 30, 2006
Hayes v. California Dept. of Developmental Services (Alta California Regional Center)
In case regarding funding of autistic child's educational services, Office of Administrative Hearings is not necessary or indispensable party.
Civil Procedure Aug. 29, 2006
County of Los Angeles v. Superior Court (Gavira)
Complaint reports and other documents generated by committee for department of mental health were exempt from disclosure under Evidence Code.
Civil Procedure Aug. 29, 2006
Hernandez v. City of Pomona
Res judicata did not bar decedent's family from initiating personal injury action after federal excessive force action had been decided.
Civil Procedure Aug. 28, 2006
Mooney v. Caspari
Judgment for plaintiff in legal malpractice action against defendant is barred by prior judgment in malpractice action against party in privity with plaintiff.
Civil Procedure Aug. 28, 2006
Ritchie v. United States
In deciding motion for judgment based on partial findings under FRCP 52(c), district court may make findings in its own view of evidence.
Civil Procedure Aug. 28, 2006
Consumer Defense Group v. Rental Housing Industry Members
Insufficient notices in Proposition 65 cases require dismissal, and appellate court suggests legal work merited attorney fees award of $1.98.
Civil Procedure Aug. 25, 2006
Zuniga v. Los Angeles County Civil Service Commission
Court properly upheld county civil service commission's rejection of former deputy sheriff's claim for back pay.
Civil Procedure Aug. 25, 2006
Zuniga v. Los Angeles County Civil Service Commission
Court properly upheld county civil service commission's rejection of former deputy sheriff's claim for back pay.
Civil Procedure Aug. 25, 2006
Latshaw v. Trainer Wortham & Co. Inc.
Party who accepted offer of judgment driven by her counsel's allegedly erroneous advise was not entitled to relief from judgment.
Civil Procedure Aug. 25, 2006
Reno Air Racing Association v. McCord
Party may not be held in contempt for violating temporary restraining order that failed to comply with required notice and specificity provisions.
Civil Procedure Aug. 25, 2006
Central Delta Water Agency v. Bureau of Reclamation
Summary judgment is proper where there is no genuine issue of material fact regarding Bureau of Reclamation's compliance with state standard.
Civil Procedure Aug. 24, 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 Aug. 24, 2006
Lincoln Property Co., N.C. Inc. v. The Travelers Indemnity Co.
Claim by insured for breach of covenant of good faith involved same primary right as claim for breach of duty to defend.
Civil Procedure Aug. 23, 2006
Michael v. Denbeste Transportation Inc.
Under 'Privette' doctrine, no duty was owed to injured plaintiff who was not employee, but independent contractor.
Civil Procedure Aug. 23, 2006