Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-15958
|
State of Montana v. Goldin (In re Pegasus Gold Corp.)
Bankruptcy courts have post-confirmation jurisdiction over claims that have close nexus to original bankruptcy proceeding. |
Civil Procedure |
|
Aug. 9, 2005 | |
B169675
|
Estrada v. RPS Inc.
Because dismissal orders are part of class certification process, named plaintiffs have standing to appeal but orders are not appealable. |
Civil Procedure |
|
Aug. 9, 2005 | |
03-35297
|
Al-Safin v. Circuit City Stores Inc.
Arbitration agreement between employer and employee is substantively unconscionable. |
Civil Procedure |
|
Aug. 9, 2005 | |
B174518
|
C3 Entertainment Inc. v. Arthur J. Gallagher & Co.
Trial court's grant of summary judgment for defendant based on interim ruling against other defendant was premature. |
Civil Procedure |
|
Aug. 9, 2005 | |
G033763
|
Royalty Carpet Mills v. City of Irvine (Essex Property Trust)
Petitioner's challenge to conditional use permit was absolutely time-barred. |
Civil Procedure |
|
Aug. 9, 2005 | |
03-16004
|
Dees v. Billy
District court order that stays proceedings and compels arbitration is not appealable even if accompanied by administrative closing. |
Civil Procedure |
|
Aug. 9, 2005 | |
B170395
|
Weatherly v. Universal Music Publishing Group
Unexercised right to conduct audit does not necessarily demonstrate lack of diligence for purposes of delayed discovery rule. |
Civil Procedure |
|
Aug. 8, 2005 | |
S110328
|
Home Insurance Company v. Superior Court (Montrose Chemical Corporation of California)
Trial court will decide whether primary and excess insurance carriers have 'substantially adverse interests' that allow them to each challenge judge. |
Civil Procedure |
|
Aug. 8, 2005 | |
B171650
|
City of Malibu v. California Coastal Commission
Owners of beachfront property should not be allowed to intervene in lawsuit regarding easement on neighboring property. |
Civil Procedure |
|
Aug. 3, 2005 | |
B171583
|
Consumer Cause Inc. v. Mrs. Gooch's Natural Food Markets Inc.
Unnamed member of putative class who defeats class certification is not entitled to attorney fees. |
Civil Procedure |
|
Aug. 3, 2005 | |
E035412
|
Roy v. Superior Court (Lucky Star Industries Inc.)
Motion to dismiss for lack of personal jurisdiction was properly denied based on defendant's filing answer and participating in litigation. |
Civil Procedure |
|
Aug. 3, 2005 | |
D040473
|
Gober v. Ralphs Grocery Co.
Different evidence excluded during liability trial that is relevant to amount of punitive damages may be admissible. |
Civil Procedure |
|
Aug. 3, 2005 | |
S121400
|
Varian Medical Systems v. Delfino
Perfecting appeal from denial of special motion to strike automatically stays all further trial proceedings. |
Civil Procedure |
|
Aug. 2, 2005 | |
B171583
|
Consumer Cause Inc. v. Mrs. Gooch's Natural Food Markets Inc.
Unnamed member of putative class who defeats class certification is not entitled to attorney fees. |
Civil Procedure |
|
Aug. 2, 2005 | |
02-16839
|
Theis Research Inc. v. Brown & Bain
Amount at stake in underlying litigation, not arbitration award, is amount in controversy for diversity jurisdiction. |
Civil Procedure |
|
Aug. 1, 2005 | |
03-16849
|
Obrey v. Johnson
'Harmless error' analysis in civil cases requires initial presumption that error was prejudicial. |
Civil Procedure |
|
Aug. 1, 2005 | |
S113275
|
Campbell v. Regents of the University of California
University employee must exhaust administrative remedies before suing for retaliatory termination. |
Civil Procedure |
|
Aug. 1, 2005 | |
02-17305
|
Equal Employment Opportunity Commission v. Peabody Western Coal Co.
Navajo Nation may be joined in employment discrimination suit against company that contracted with it to mine on its land. |
Civil Procedure |
|
Jul. 31, 2005 | |
B174452
|
Johnston v. Corrigan
Trial court has jurisdiction to reconsider initial order denying cross-defendants' attorney fee motion. |
Civil Procedure |
|
Jul. 31, 2005 | |
03-16580
|
Darulis v. Garate
Plaintiff was entitled to award of costs for service of process despite unsuccessful claim against police. |
Civil Procedure |
|
Jul. 26, 2005 | |
03-56116
|
California Scents v. Pestco Inc.
Plaintiff reasonably relied on defendant's jury trial demand in effort to preserve plaintiff's own right to jury trial. |
Civil Procedure |
|
Jul. 25, 2005 | |
04-15093
|
Mahtesian v. Lee
Federal court lacked subject matter jurisdiction to hear case under Civil Service Reform Act. |
Civil Procedure |
|
Jul. 25, 2005 | |
B167028
|
Parker v. McCaw
Contractual right to three arbitrators is substantial and may not be altered by court. |
Civil Procedure |
|
Jul. 25, 2005 | |
03-55683
|
Manshardt v. Federal Judicial Qualifications Committee
No private right of action exists under Federal Advisory Committee Act. |
Civil Procedure |
|
Jul. 25, 2005 | |
04-72409
|
Spencer v. U.S. District Court (Altec Industries Inc.)
Post-removal joinder of forum defendant did not destroy subject-matter jurisdiction of district court. |
Civil Procedure |
|
Jul. 12, 2005 | |
03-16934
|
Hilao v. Estate of Ferdinand Marcos (Republic of the Philippines)
Republic of the Philippines cannot appeal court order blocking transfer of funds from Marcos Estate. |
Civil Procedure |
|
Jul. 12, 2005 | |
B158840
|
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Member organization comprised of individually owned hotels may not be held liable for alleged Proposition 65 violations by members. |
Civil Procedure |
|
Jul. 10, 2005 | |
04-514
|
Bell v. Thompson
Appellate court should have issued stay of mandate immediately upon filing of U.S. Supreme Court's order denying petition for writ of certiorari. |
Civil Procedure |
|
Jul. 5, 2005 | |
04-70
|
Exxon Mobil Corp. v. Allapattah Services Inc.
Court with original jurisdiction over one claim may exercise supplemental jurisdiction over other claims arising from same case. |
Civil Procedure |
|
Jun. 24, 2005 | |
04-72134
|
Burlington Northern & Santa Fe Railway Co. v. District Court (Kapsner)
Court correctly ordered party to produce documents to which it had asserted untimely privilege. |
Civil Procedure |
|
Jun. 20, 2005 |