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Lincoln Property Co. v. Roche
Defendants may remove action on diversity basis if complete diversity between plaintiffs and defendants exists and no defendant is forum state citizen. 		Civil Procedure Dec. 28, 2005
Robertson v. Health Net of California Inc.
Arbitration clause that was not immediately above signature line of contract or prominently displayed was unenforceable. 		Civil Procedure Dec. 28, 2005
The Foundation For Taxpayer and Consumer Rights v. Garamendi
Award of attorney fees was proper after intervenor's anti-SLAPP motion was deemed frivolous. 		Civil Procedure Dec. 28, 2005
Doe 2 v. Superior Court (Calkins)
Court must determine whether church member's statements to pastor were privileged as penitential communications before granting discovery requests. 		Civil Procedure Dec. 28, 2005
Dwyer v. Duffy (In re Dwyer)
Friday after Thanksgiving is considered 'legal holiday' in California under federal bankruptcy provision. 		Civil Procedure Dec. 15, 2005
Consumer Cause Inc. v. Johnson & Johnson
Consent judgment that prohibits exonerated defendants from committing future violations must be vacated. 		Civil Procedure Dec. 14, 2005
Bush v. Cheaptickets
Class action commenced when it was filed, not removed, for purposes of Class Action Fairness Act. 		Civil Procedure Dec. 14, 2005
Harris v. Bankers Life and Casualty Co.
Notice of removability is determined through examination of four corners of applicable pleading. 		Civil Procedure Dec. 14, 2005
CPF Agency Corp. v. R&S Towing Service
State regulation regarding vehicle storage fees for nonconsensual towing services is not preempted by federal law. 		Civil Procedure Dec. 13, 2005
CPF Agency Corp. v. Sevel's 24 Hour Towing Service
State regulations regarding vehicle storage fees are not pre-empted by Federal Aviation Administration Authorization Act. 		Civil Procedure Dec. 13, 2005
Shapell Industries Inc. v. Superior Court (Stark)
Voluntary dismissal of named representative plaintiff of class did not divest court of subject matter jurisdiction. 		Civil Procedure Dec. 13, 2005
Doheny Park Terrace Homeowners Association Inc. v. Truck Insurance Exchange
One-year insurance claim revival period does not preclude application of equitable estoppel. 		Civil Procedure Dec. 13, 2005
Tillison v. Gregoire
Washington state law restricting nonconsensual towing of vehicles is not preempted by federal law. 		Civil Procedure Dec. 11, 2005
McSherry v. City of Long Beach
Court order granting city's motion for judgment as matter of law was improper prior to presentation of evidence. 		Civil Procedure Dec. 6, 2005
Godinez v. Schwarzenegger
Court may award private attorney general fees for meritorious suit that was catalyst for defendant's changed behavior. 		Civil Procedure Nov. 30, 2005
Wal-Mart Real Estate Business Trust v. City Council of the City of San Marcos (Drake)
Citizens who successfully opposed Wal-Mart petition are entitled to attorney fees. 		Civil Procedure Nov. 29, 2005
Property Owners of Whispering Palms Inc. v. Newport Pacific Inc.
Association does not lack standing solely because its membership includes residents that would not have standing to assert claims in their own right. 		Civil Procedure Nov. 29, 2005
Harlan v. Dept. of Transportation
Trial court has jurisdiction to hear case though amended complaint was filed after deadline. 		Civil Procedure Nov. 29, 2005
Wood v. GCC Bend LLC
Summary judgment on constructive discharge claims that overlap other claims is not immediately appealable. 		Civil Procedure Nov. 22, 2005
Benton v. Oregon Student Assistance Commission
Award of attorney fees and costs in case where sole relief obtained was judgment of one dollar was in error. 		Civil Procedure Nov. 21, 2005
The Dow Chemical Co. v. Calderon
Nicaraguan litigants did not consent to personal jurisdiction of U.S. court. 		Civil Procedure Nov. 21, 2005
Agster v. Maricopa County
Federal law does not recognize privilege of peer review for documents involving death of prisoner. 		Civil Procedure Nov. 21, 2005
Smith v. Arthur Andersen LLP
Bankruptcy trustee had standing to seek settlement approval that barred non-settling defendants from asserting claims. 		Civil Procedure Nov. 21, 2005
Posnanski v. Gibney
Out-of-circuit court's decision to transfer case to court within this circuit is not appealable to Ninth Circuit. 		Civil Procedure Nov. 21, 2005
Hartford Casualty Insurance Co. v. Superior Court (C3 Entertainment Inc.)
Judge's denial of summary adjudication motion filed after facts arose indicating he was disqualified must be vacated. 		Civil Procedure Nov. 17, 2005
Kaufman & Broad Communities Inc. v. Performance Plastering Inc.
Judicial notice of documents will be granted only to cognizable legislative history documents. 		Civil Procedure Nov. 16, 2005
Brill Media Company LLC v. TCW Group Inc.
Suit by company against bondholders who breached confidentiality agreement to force bankruptcy is not subject to special motion to strike. 		Civil Procedure Nov. 16, 2005
Factor Health Management v. Superior Court (Apex Therapeutic Care Inc.)
Plaintiffs waived right to challenge court's jurisdiction by filing ex parte application for discovery. 		Civil Procedure Nov. 16, 2005
Prieto v. Loyola Marymount University
Mandatory provision of Code of Civil Procedure Section 473(b) does not empower court to set aside summary judgment. 		Civil Procedure Nov. 16, 2005
Brown v. Dept. of Corrections
Correctional officers' action for employment retaliation is foreclosed under absolute privilege of Civil Code Section 47(b). 		Civil Procedure Nov. 16, 2005
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