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A.F. Brown Electrical Contractor Inc. v. Rhino Electric Supply Inc.
Filing of stop notice is not entitled to protection under anti-SLAPP statute where it was done when litigation was seriously under consideration.
Civil Procedure Aug. 23, 2006
Club Members for an Honest Election v. Sierra Club
Order granting in part motion to strike is proper where cause of action was based on protected act of voting.
Civil Procedure Aug. 23, 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. 23, 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. 23, 2006
Holden v. Los Angeles City Ethics Commission
Action is time-barred where petition challenging city ethics commission's decision was not within 90-day statute of limitations.
Civil Procedure Aug. 23, 2006
Geffcken v. D'Andrea
In mold mycotoxins case, exclusion of environmental sampling data was proper because it had minimal probative value pursuant to Evidence Code.
Civil Procedure Aug. 23, 2006
Experian Information Solutions Inc. v. Superior Court (Mellonie Sorensen)
After class certification was denied, trial court erred by approving sections of letter notifying nonparties of their potential legal rights.
Civil Procedure Aug. 23, 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 Aug. 23, 2006
Sunset Millennium Associates LLC v. Le Songe LLC
Fourteen page minute order with notice of entry language on page 13 did not comply with requirements of California Rules of Court.
Civil Procedure Aug. 23, 2006
Americopters v. FAA
In cases regarding challenges to FAA's action, petitions for review are dismissed for lack of jurisdiction because they were untimely filed.
Civil Procedure Aug. 22, 2006
Abrego v. The Dow Chemical Co.
Under Class Action Fairness Act, burden of establishing removal jurisdiction remains, as before, on removing defendant.
Civil Procedure Aug. 22, 2006
Bell v. Farmers Insurance Exchange
Plaintiffs' request for postjudgment interest was properly denied where satisfaction of judgment includes payment to damages fund managed by claims administrator.
Civil Procedure Aug. 20, 2006
John B. v. Superior Court (Bridget B.)
Right to sexual privacy limits discovery in wife's action against husband for allegedly infecting her with HIV.
Civil Procedure Aug. 16, 2006
Flatley v. Mauro
Attorney's attempt to extort money in exchange for silence is not subject to special motion to strike.
Civil Procedure Aug. 16, 2006
Kibler v. Northern Inyo County Local Hospital District
Hospital's peer review proceeding is 'official proceeding' that is subject to special motion to strike.
Civil Procedure Aug. 16, 2006
Branick v. Downey Savings and Loan Association
Plaintiffs who no longer meet standing requirements of Proposition 64 may be entitled to amend complaint to substitute plaintiff.
Civil Procedure Aug. 16, 2006
Californians for Disability Rights v. Mervyn's
Proposition 64 does not apply retroactively to pending actions.
Civil Procedure Aug. 16, 2006
Kearney v. Salomon Smith Barney Inc.
Telephone recordings made in Georgia without consent of all parties are not unlawful.
Civil Procedure Aug. 15, 2006
Durham v. Lockheed Martin Corp.
Clock for removal of case to federal court was reset when party discovered case was also removable on federal officer grounds.
Civil Procedure Aug. 9, 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 Aug. 9, 2006
E. & J. Gallo Winery v. Andina Licores S.A.
Where forum selection clause is valid and enforceable, distributor is barred from proceeding with litigation in Ecuador against California winery.
Civil Procedure Aug. 9, 2006
Gober v. Ralphs Grocery Store
Different evidence excluded during liability trial that is relevant to amount of punitive damages may be admissible.
Civil Procedure Aug. 8, 2006
Jogani v. Jogani
Summary judgment based on judicial estoppel is not proper where courts in prior judgment debtor proceedings did not accept testimony as true.
Civil Procedure Aug. 7, 2006
In re Natural Gas Anti-Trust
Nonrepresentative class member's conduct did not reach level necessary to support order declaring him to be vexatious litigant.
Civil Procedure Aug. 7, 2006
Doe v. City of Los Angeles
In sexual abuse case, defendants' demurrer is proper where facts did not support conclusion that officer's sexual misconduct should have been investigated.
Civil Procedure Aug. 7, 2006
Hecht, Solberg, Robinson, Goldberg & Bagley v. Superior Court (Panther)
Financial and insurance information from former law firm is discoverable in present action against second law firm that handled malpractice action.
Civil Procedure Aug. 7, 2006
Boyle v. CertainTeed Corp.
General order allowing expedited summary judgment in asbestos injury cases conflicts with Code of Civil Procedure.
Civil Procedure Aug. 7, 2006
DeLaura v. Beckett
Demurrer was properly sustained where procedure under rent ordinance was more appropriate than declaratory relief action.
Civil Procedure Aug. 7, 2006
Best Buy Stores LP v. Superior Court (Boling)
In class action, court did not abuse its discretion where it ordered retailer to provide third party with customer information.
Civil Procedure Aug. 7, 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. 4, 2006