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State of California v. United States
In abortion services case, proposed intervenors must be made parties to litigation because they have protectable interest at stake in case.
Civil Procedure Aug. 4, 2006
Kamakana v. City and County of Honolulu
Under right of access, court records filed under seal as attachments to motions in civil action are subject to release to newspaper.
Civil Procedure Jul. 26, 2006
U.S. v. Menyweather
Court's downward departure of sentence on basis of offender's mental condition was not abuse of discretion.
Civil Procedure Jul. 10, 2006
Higgins v. Superior Court (Disney/ABC International Television)
Contract that petitioners signed to be on television show contained unconscionable arbitration provision and is thus unenforceable.
Civil Procedure Jul. 10, 2006
Hoskins v. Hogstad
Court's denial of special motion to strike is proper where hearing date was not within 30 days of service of motion.
Civil Procedure Jul. 10, 2006
Rusheen v. Cohen
Litigation privilege extends to act of levying on judgment where gravamen of abuse of process claim was communicative act.
Civil Procedure Jul. 10, 2006
Lyons v. Chinese Hospital Association
Party to lawsuit who obtained no monetary damages was still entitled to attorney fees award.
Civil Procedure Jul. 10, 2006
StaffPro Inc. v. Elite Show Services Inc.
Plaintiff's malicious prosecution claim is properly stricken where it failed to show underlying action resulted in favorable termination.
Civil Procedure Jul. 10, 2006
Healy v. Tuscany Hills Landscape & Recreation Corp.
Motion to strike must be granted where alleged defamatory statements made by attorneys were absolutely privileged.
Civil Procedure Jul. 10, 2006
Garau v. Torrance Unified School District
Appellate review of reclassification order transferring matter to limited jurisdiction department is only available through writ of mandate.
Civil Procedure Jul. 10, 2006
Connerly v. State Personnel Board (California Business Council For Equal Opportunity)
Order requiring amici curiae to pay portion of private attorney general fees is improper notwithstanding group's active involvement in litigation.
Civil Procedure Jul. 10, 2006
Reyn's Pasta Bella LLC v. Visa USA Inc.
Issue preclusion barred class from relitigating prior court's determination that its price-fixing claims were properly released.
Civil Procedure Jun. 30, 2006
North Coast Women's Care Medical Group Inc. v. Superior Court (Benitez)
Evidence of doctors' religiously-based defense in opposition to motion for summary adjudication presents triable issue of fact.
Civil Procedure Jun. 23, 2006
Valley Outdoor Inc. v. City of Riverside
District court erred in ruling billboard company lacked standing to assert constitutional claims related to city's refusal to process late permit applications.
Civil Procedure Jun. 20, 2006
Merrill Lynch, Pierce, Fenner and Smith Inc. v. ENC Corp.
Under Federal Rule of Civil Procedure 19(b), indispensability must meet higher standard than necessity, requiring equity and good conscience.
Civil Procedure Jun. 20, 2006
Gentry v. Superior Court (Circuit City Stores Inc.)
Employment arbitration agreement containing class action waiver is not procedurally nor substantively unconscionable.
Civil Procedure Jun. 19, 2006
Mattel Inc. v. Bryant
Intervention by nondiverse and not indispensable defendant did not destroy complete diversity in federal court matter.
Civil Procedure Jun. 19, 2006
Patel v. Del Taco Inc.
In case involving franchise agreement, arbitration petition was not removable and district court properly remanded it to state court.
Civil Procedure Jun. 19, 2006
Soukup v. Stock
Special motion to strike is available to attorney sued for representing party in another lawsuit.
Civil Procedure Jun. 18, 2006
S.B. Beach Porperties v. Berti
Voluntary dismissal of alleged SLAPP suit does not deprive trial court of jurisdiction to decide issues of attorney fees and costs.
Civil Procedure Jun. 18, 2006
Shamsian v. Dept. of Conservation
Where there is no mandatory duty under recycling statue as plaintiff alleges, she may not bring private right of action challenging alleged inaction.
Civil Procedure Jun. 15, 2006
Tutor-Saliba Corp. v. Herrera
Motion to strike properly was granted where city attorney's public comments urging support for pending litigation were subject to official duty privilege.
Civil Procedure Jun. 15, 2006
Aaronoff v. Martinez-Senftner
One-year revival period for sexual abuse claims against third parties was not applicable when alleged abuse related to parental relationship.
Civil Procedure Jun. 15, 2006
Kohlrautz v. Oilmen Participation Corp.
Denial of court-appointed receiver's summary judgment motion is proper where he may assert official immunity as defense under Nevada law.
Civil Procedure Jun. 14, 2006
Vargas v. City of Salinas
City of Salinas prevails under anti-SLAPP statute because plaintiffs failed to show city's statements constitute impermissible campaign propaganda.
Civil Procedure Jun. 6, 2006
SJP Limited Partnership v. City of Los Angeles
Attorney affidavit of fault is competent if signed by attorney representing client in another action.
Civil Procedure May 29, 2006
People v. American Contractors Indemnity Co.
Appeal from order denying motion to set aside summary judgment on bail bond forfeiture did not automatically stay enforcement of judgment.
Civil Procedure May 24, 2006
Barefield v. Washington Mutual Bank
Opposing party who deposited notice of its motion with overnight delivery carrier satisfied statutory service requirement.
Civil Procedure May 24, 2006
Doe v. United States
Grand jury witness is in contempt and has failed to show government's questions were primary product of unlawful surveillance.
Civil Procedure May 2, 2006
In re Vickie Lynn Marshall
Probate exception to federal jurisdiction applies to tort claims against the post mortem disposition of trust property.
Civil Procedure May 1, 2006