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Fields v. Legacy Health Systems
District courts' choice of Oregon law in wrongful death actions was proper.
Civil Procedure Oct. 5, 2005
Muegler v. Bening
Defendant found to have committed fraud under Missouri law is estopped from challenging finding in bankruptcy court.
Civil Procedure Oct. 5, 2005
F. Hoffman-La Roche v. Superior Court (Wertheimer)
Parent company exercising no operational control of subsidiary may not be subject to personal jurisdiction in state subsidiary does business.
Civil Procedure Oct. 5, 2005
Roos v. Red
Trial court properly gave bankruptcy court's findings collateral estoppel effect in wrongful death case.
Civil Procedure Oct. 5, 2005
ABF Capital Corp. v. Osley
Premature post-judgment motion does not accelerate deadline for appeal before separate judgment has been entered.
Civil Procedure Oct. 5, 2005
ABF Capital Corp. v. Berglass
Defendant's alleged inconsistent positions asserted during trial were not grounds for new trial.
Civil Procedure Oct. 5, 2005
Arno v. Helinet Corp.
Trial court properly found settlement offer in case of helicopter crash was reasonable and in good faith.
Civil Procedure Oct. 5, 2005
Taylor v. Van-Catlin Construction
Trial court lacked authority to 'correct' arbitrator's award of attorney fees to prevailing party.
Civil Procedure Oct. 5, 2005
County of Los Angeles v. Superior Court (Union of American Physicians and Dentists)
Court cannot order district attorney to produce minutes of closed session of Los Angeles Board of Supervisors.
Civil Procedure Oct. 5, 2005
Hasler v. Howard
Plaintiff is not entitled to attorney fees merely because defendant requested them during earlier proceeding.
Civil Procedure Oct. 5, 2005
Discover Bank v. Superior Court (Boehr)
In some circumstances, class action waivers in consumer contracts of adhesion are unenforceable.
Civil Procedure Oct. 4, 2005
Payne v. Anaheim Memorial Medical Center Inc.
Where internal remedies included no requirement of hearing or formal resolution of complaints, they cannot bar access to courts.
Civil Procedure Oct. 4, 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 Oct. 4, 2005
Hypertouch Inc. v. Superior Court (Perry Johnson Inc.)
Court order requiring class members to 'opt-in' to lawsuit is invalid.
Civil Procedure Sep. 27, 2005
Huntingdon Life Sciences Inc. v. Stop Huntingdon Animal Cruelty USA Inc.
Where cause of action alleges both protected and unprotected activity, it will be subject to anti-SLAPP statute.
Civil Procedure Sep. 26, 2005
Snowney v. Harrah's Entertainment Inc.
California court has jurisdiction to hear lawsuit against Nevada hotel for imposing energy surcharge on guests.
Civil Procedure Sep. 26, 2005
Hypertouch Inc. v. Superior Court (Perry Johnson Inc.)
Court order requiring class members to 'opt-in' to lawsuit is invalid.
Civil Procedure Sep. 26, 2005
Acosta v. SI Corp.
Award of costs must be preceded by itemized review by court.
Civil Procedure Sep. 26, 2005
Forensis Group Inc. v. Frantz, Townsend & Foldenauer
Expert may seek equitable indemnification against attorney who retained him for client who is suing expert for professional negligence.
Civil Procedure Sep. 26, 2005
Holcomb v. U.S. Bank National Association
Plaintiff who did not fit any definition of vexatious litigant was not required to obtain leave to file appeal.
Civil Procedure Sep. 26, 2005
Le Francois v. Goel
Party may not renew summary judgment motion without new facts or law, but court may reconsider order on its own motion.
Civil Procedure Sep. 26, 2005
Horning v. Shilberg
Trial court had authority to modify its orally-announced tentative decision.
Civil Procedure Sep. 26, 2005
American Contractors Indemnity Co. v. County of Orange
Bail bond company that received actual notice of bail forfeiture is responsible for its payment.
Civil Procedure Aug. 30, 2005
Schachter v. Citigroup Inc.
Second motion for summary judgment based on no new facts or change in law was improperly granted.
Civil Procedure Aug. 30, 2005
LLP Mortgage v. Bizar
Parties were not entitled to change of venue based on traffic in driving to courthouse.
Civil Procedure Aug. 30, 2005
Benson v. Kwikset Corp.
Plaintiff may have opportunity to amend his complaint to allege he has standing under amendments to Proposition 64.
Civil Procedure Aug. 30, 2005
Blumhorst v. Jewish Family Services of Los Angeles
Male plaintiff alleging gender discrimination does not having standing to sue domestic violence shelters.
Civil Procedure Aug. 30, 2005
Readylink Healthcare v. Cotton
Injunction prohibiting former employee from soliciting co-workers was proper.
Civil Procedure Aug. 30, 2005
Leep v. American Ship Management LLC
Failure to dispute fact in opposing party's summary judgment motion is not necessarily binding.
Civil Procedure Aug. 30, 2005
Travelers Casualty and Surety Co. v. Superior Court (Plaintiffs and Defendants in the Clergy Cases I)
Settlement judge improperly made factual findings and prepared coercive order in violation of mediation principles.
Civil Procedure Aug. 30, 2005