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Ambrose v. Michelin North America Inc.
Where counsel's conduct does not constitute excusable neglect, mandatory relief under Code of Civil Procedure Section 473(b) is not warranted.
Civil Procedure Mar. 21, 2006
Shell v. Equilon Enterprises
Party may not seek relief under Code of Civil Procedure Section 473(b) from sanctions imposed for failure to respond to discovery.
Civil Procedure Mar. 20, 2006
Electronic Funds Solutions v. Murphy
Trial court erred by awarding damages based on company's value, instead of company's lost profits.
Civil Procedure Mar. 20, 2006
Dorel Industries Inc. v. Superior Court (Jackson)
Exercise of jurisdiction over foreign company was proper under 'representative service doctrine' of general jurisdiction.
Civil Procedure Mar. 20, 2006
American Products Co. Inc. v. Law Offices of Geller, Stewart & Foley LLP
Litigation privilege did not apply to demand letters sent to manufacturer's customer prior to initiation of lawsuit.
Civil Procedure Mar. 20, 2006
Wasco Products Inc. v. Southwall Technologies Inc.
Manufacturer was required to plead civil conspiracy in its complaint in order to raise issue and toll applicable statute of limitations.
Civil Procedure Mar. 20, 2006
Sadoski v. Mosley
Judge had judicial immunity for claim based upon sentencing error involving judge's failure to correct sentence in light of 'Steinberg v. State.'
Civil Procedure Mar. 20, 2006
Frye v. Tenderloin Housing Clinic Inc.
Non-profit corporation that failed to register with state bar is not entitled to attorney fees.
Civil Procedure Mar. 15, 2006
People v. Yartz
Defendant's plea of no contest in 1978 to committing lewd act on child cannot be used against him in SVP commitment proceeding.
Civil Procedure Mar. 15, 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 Mar. 1, 2006
Lance v. Dennis
Mere privity to losing state-court party did not bar later challenge to judgment by nonparty under 'Rooker-Feldman' doctrine.
Civil Procedure Feb. 23, 2006
Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi
Court of Appeals' failure to consider whether ministry was 'agency and instrumentality' of Iran for purposes of asset attachment resulted in error.
Civil Procedure Feb. 23, 2006
Marriage of Taschen
Principle of forum non conveniens allows dismissal or stay to be sought by motion of 'any party.'
Civil Procedure Feb. 21, 2006
Casa Eva I Homeowners Association v. Ani Construction & Tile Inc.
Notice of judgment lien must include several warning statements to judgment debtor to effectively create lien.
Civil Procedure Feb. 21, 2006
Discover Bank v. Superior Court (Boehr)
In credit cardholder agreement, parties' choice of Delaware law is implemented and class action waiver is enforceable.
Civil Procedure Feb. 21, 2006
Navarro v. IHOP Properties Inc.
Franchisor's special motion to strike should have been granted because franchisee's claim was barred by 'litigation privilege.'
Civil Procedure Feb. 21, 2006
Mpoyo v. Litton Electro-Optical Systems
District court properly dismissed, on res judicata grounds, plaintiff's claims which were brought two years after initial complaint was filed.
Civil Procedure Feb. 14, 2006
Brown v. Dillard's Inc.
Employer cannot compel employee to honor arbitration agreement of which it itself is in material breach.
Civil Procedure Feb. 14, 2006
Evans v. CenterStone Development Co.
Sanctions are imposed on appellants and their counsel for bringing frivolous appeal and violating court rules.
Civil Procedure Feb. 7, 2006
Lockheed Corp. v. Continental Insurance Co.
Although trial court erred in sustaining demurrers of certain excess insurers, error does not require reversal of judgment for insurers.
Civil Procedure Feb. 7, 2006
Olsen v. Harbison
Appeal is dismissed as frivolous and sanctions are imposed on attorney because claim of court's abuse of discretion indisputably had no merit.
Civil Procedure Feb. 6, 2006
Living Designs Inc. v. E.I. DuPont De Nemours and Co.
Fungicide developer failed to demonstrate that it was entitled to absolute immunity from civil RICO claim.
Civil Procedure Feb. 6, 2006
Frye v. Tenderloin Housing Clinic
Non-profit corporation that failed to register with state bar is not entitled to attorney fees.
Civil Procedure Feb. 5, 2006
Felix v. Mayle
Habeas petitioner's new coerced confession claim relates back to date of timely-filed original petition.
Civil Procedure Feb. 3, 2006
Lefrancois v. Goel
Trial court had inherent power to grant motion for summary judgment after it had initially been denied.
Civil Procedure Feb. 3, 2006
Gates v. Discovery Communications Inc.
Anti-SLAPP motion was improperly denied where privacy action involved reports protected by First Amendment.
Civil Procedure Feb. 3, 2006
Walker v. L.A. County Metropolitan Transportation Authority
Order denying losing party's motion for new trial cannot be appealed.
Civil Procedure Feb. 3, 2006
Snowney v. Harrah's Entertainment Inc.
Owners of Nevada hotels accused of unfair business practices are subject to jurisdiction of California courts.
Civil Procedure Feb. 3, 2006
First Aid Services of San Diego Inc. v. California Employment Development Dept.
Employer's writ of administrative mandamus challenge to state agency's decision regarding employee's eligibility for unemployment compensation is barred.
Civil Procedure Feb. 3, 2006
Greka Integrated Inc. v. Lowrey
Party who agrees to scheduling of hearing on motion to strike after deadline may not later object to its timeliness.
Civil Procedure Feb. 3, 2006