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Krell v. Gray
Injunction against harassment was overbroad and violated free speech rights.
Civil Procedure Aug. 30, 2005
Hernandez v. Board of Education of the Stockton Unified School District
Trial court's control over 34-year-old desegregation case may be phased out over period of time.
Civil Procedure Aug. 30, 2005
Apple Computer v. Superior Court (Cagney)
Attorney may not serve as class representative and counsel in class action suit.
Civil Procedure Aug. 30, 2005
Sporn v. Home Depot USA Inc.
Home Depot is not entitled to have default judgment set aside.
Civil Procedure Aug. 30, 2005
Strathvale Holdings v. E.B.H.
Trial court may vacate default judgment on basis of lack of personal jurisdiction.
Civil Procedure Aug. 30, 2005
City of Santa Monica v. Stewart
City's cross-action against organization's complaint to force city to implement initiative is covered by anti-SLAPP statute.
Civil Procedure Aug. 30, 2005
Moran v. Murtaugh, Miller, Meyer & Nelson LLP
Trial court may weigh evidence to decide whether to require security of vexatious litigant.
Civil Procedure Aug. 30, 2005
Union Bank of California v. Superior Court (Grafton Partners LP)
Bank's internal documents prepared in contemplation of suspicious activity reports are absolutely privileged.
Civil Procedure Aug. 30, 2005
Buchanan v. Maxfield Enterprises Inc.
Retail store that expelled customer in handcuffs amid 'media circus' cannot claim litigation privilege.
Civil Procedure Aug. 30, 2005
Roden v. Amerisourcebergen Corp.
Order compelling post-judgment discovery was not appealable.
Civil Procedure Aug. 29, 2005
Allen v. Calderon
Sufficient evidence of defendant's incompetence was presented to warrant competency hearing.
Civil Procedure Aug. 24, 2005
Burlington Northern & Santa Fe Railway Co. v. United States District Court for the District of Montana
Court correctly ordered party to produce documents to which it had asserted untimely privilege.
Civil Procedure Aug. 24, 2005
Hendricks v. Bank of America
District court did not abuse its discretion by finding Central District of California was appropriate venue for action under state's commercial code.
Civil Procedure Aug. 24, 2005
HLC Properties v. Superior Court (MCA Records)
Attorney-client privilege ceases to exist when original holder dies and his personal representative completes discharge of his estate.
Civil Procedure Aug. 23, 2005
Allied Fire Protection v. Diede Construction Inc.
Doctrine of res judicata does not bar fraud claim where plaintiff discovered facts after it filed breach of contract complaint.
Civil Procedure Aug. 23, 2005
Jackson v. CA Dept. of Mental Health
Petitioner who recommitted himself as sexually violent predator does not have standing to challenge prior commitment.
Civil Procedure Aug. 23, 2005
Lasar v. Ford Motor Company
Court must give specific notice that it is considering lifetime ban on attorney appearing pro hac vice.
Civil Procedure Aug. 23, 2005
U.S. v. Woods
District court failed to determine whether retroactive application of procedural rule was 'just and practicable' to pending criminal case.
Civil Procedure Aug. 23, 2005
U.S. v. 144,774 Pounds of Blue King Crab
Crab acquired in violation of Lacey Act constitutes property that is illegal to possess under Civil Asset Forfeiture Reform Act.
Civil Procedure Aug. 23, 2005
Spoklie v. State of Montana
Plaintiffs' federal claims against State of Montana are precluded by final judgment previously entered in their parallel state court case.
Civil Procedure Aug. 23, 2005
Walker v. Los Angeles County Metropolitan Transportation Authority
Court of Appeal should construe notice of appeal from order denying new trial to encompass underlying appealable judgment.
Civil Procedure Aug. 22, 2005
Woolls v. Superior Court (Turner)
Arbitration agreement failed to comply with disclosure requirements regarding contracts for residential work.
Civil Procedure Aug. 22, 2005
Millennium Corporate Solutions v. Peckinpaugh
Trial court's grant of limited relief in TRO does not change scope of injunctive relief sought in preliminary injunction application.
Civil Procedure Aug. 22, 2005
Brekke v. Wills
Plaintiff's restraining order against daughter's boyfriend is upheld.
Civil Procedure Aug. 21, 2005
Hoveida v. Scripps Health
Parties may not create appellate jurisdiction by stipulating to dismissal of claim without prejudice to gain final judgment.
Civil Procedure Aug. 21, 2005
Traci & Marx Co. v. Legal Options
California court must recognize another state's judgment even if different result would have been rendered under California law.
Civil Procedure Aug. 21, 2005
Caira v. Offner
Trial court did not abuse its discretion in excluding from evidence e-mail sent during settlement negotiations.
Civil Procedure Aug. 21, 2005
American Financial Services Association v. City of Oakland
Oakland's predatory lending ordinance is preempted by state law.
Civil Procedure Aug. 21, 2005
Catholic Mutual Relief Society v. Superior Court (Roman Catholic Archdiocese of San Diego)
Insurers of defendants in Catholic Church sexual abuse case are not required to turn over documents regarding their financial condition.
Civil Procedure Aug. 19, 2005
Daar & Newman v. VRL International
Specific jurisdiction over foreign party exists in lawsuit brought for payment of attorney fees.
Civil Procedure Aug. 19, 2005