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Graham v. DaimlerChrysler Corp.
Auto dealership that offered to repurchase truck after being sued may be liable for attorney fees under 'catalyst theory.'
Civil Procedure May 3, 2005
Exxon Mobil Corp. v. Saudi Basic Industries Corp.
Federal jurisdiction over action does not terminate automatically on entry of judgment in state court.
Civil Procedure Apr. 25, 2005
Hartnell Community College District v. Superior Court (Hartnell College Faculty Association)
Trial court properly granted faculty association's petition to compel arbitration with community college.
Civil Procedure Apr. 13, 2005
Nasha LLC v. City of Los Angeles
Decision of planning commission must be set aside when one of its members wrote negative article while matter was pending.
Civil Procedure Apr. 12, 2005
Gausvik v. Perez
An initial determination of qualified immunity holds for all subsequent claims arising out of the same integral facts.
Civil Procedure Apr. 8, 2005
U.S. v. Orr Water Ditch Co.
Nevada law providing automatic stay of state engineer's decisions applies to federal water proceedings.
Civil Procedure Apr. 7, 2005
Berg v. Darden
Plaintiff's settlement offer satisfied procedural rule by demonstrating its acceptance would result in final disposition.
Civil Procedure Mar. 23, 2005
Kulshrestha v. First Union Commercial Corp.
Declaration executed out of state is inadmissible unless it invokes California law.
Civil Procedure Mar. 23, 2005
Abrams v. City of Rancho Pales Verdes
Title 42 Section 1983 remedies are available to amateur radio operator whose rights under Telecommunications Act were violated by city.
Civil Procedure Mar. 22, 2005
Restaino v. Bah (In re Bah)
Anti-SLAPP statute applies to pendent state law claims in bankruptcy court.
Civil Procedure Mar. 16, 2005
The Oakland Raiders v. National Football League
Where new trial order does not specify juror misconduct on which it is premised, appellate court must independently review motion.
Civil Procedure Mar. 15, 2005
Carnes v. Superior Court of Placer County
By signing summary judgment order prepared by defense counsel, judge adopts it as his own.
Civil Procedure Mar. 14, 2005
Reid Product Inc. v. Westport Insurance Corp.
District court did not err in finding its prior judgment had not been vacated and in denying new entry of judgment.
Civil Procedure Mar. 14, 2005
Donaldson v. National Marine Inc.
State court has jurisdiction to hear federal case for wrongful death that occurred outside of state's territorial waters.
Civil Procedure Mar. 13, 2005
Stanley v. California State Lottery Commission
Plaintiff who lost suit against lottery commission cannot be awarded attorney fees.
Civil Procedure Feb. 23, 2005
Gaggero v. County of San Diego
Lawsuit alleging county negligently maintained landfill must be filed within 10-year limitations period.
Civil Procedure Feb. 15, 2005
Wisden v. Superior Court (Sims)
Trial court erred by denying plaintiff's request for jury trial on cause of action for fraudulent conveyance.
Civil Procedure Feb. 15, 2005
Toshiba America Electronic Components Inc. v. Superior Court (Lexar Media Inc.)
Provision governing production of information from computer backup tapes automatically shifts costs to demanding party.
Civil Procedure Feb. 15, 2005
Liang v. San Francisco Residential Rent Stabilization and Arbitration Board
Tenant's petition for rent rollback was untimely and should have named landlord as party.
Civil Procedure Feb. 15, 2005
Hardistry v. Hinton & Alfert
Stipulated motion to vacate judgment as part of settlement that contains neither joint declaration of counsel nor copy of judgment must be denied.
Civil Procedure Feb. 14, 2005
In re Tobacco Cases I
Dispute between tobacco manufacturer and state is not subject to arbitration under Master Settlement Agreement.
Civil Procedure Feb. 14, 2005
Hawkins v. Pacific Coast Building Product Inc.
'Relation back' doctrine applies to defeat statute of limitations.
Civil Procedure Feb. 14, 2005
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 Feb. 14, 2005
Cockshott v. Dept. of Forestry and Fire Protection
Challenge to decision of forestry board must be brought within 30 days of service of decision.
Civil Procedure Feb. 14, 2005
Golden Gate Bridge v. Superior Court (R&B Protective Coatings Inc.)
Golden Gate Bridge Highway and Transportation District is local agency entitling it to change of venue.
Civil Procedure Feb. 14, 2005
Crespin v. Bonta
Time limit to seek attorney fees does not apply to plaintiffs who won Medi-Cal benefits for undocumented aliens.
Civil Procedure Feb. 14, 2005
San Ramon Valley Fire Protection District v. Contra Costa County Employees' Retirement Association
Lawsuit challenging decision of public entity was not subject to dismissal under anti-SLAPP law.
Civil Procedure Feb. 14, 2005
Wells Fargo Bank N.A. v. Zinnel
Party that brought interpleader but did not deposit disputed funds with court is not entitled to attorney fees.
Civil Procedure Feb. 14, 2005
Theis Research Inc. v. Brown & Bain
Amount at stake in underlying litigation, not arbitration award, is amount in controversy for diversity jurisdiction.
Civil Procedure Feb. 14, 2005
Fidelity Federal Band FSB v. Durga Ma Corp.
Party that helped select arbitrators cannot challenge subsequent award for impartiality.
Civil Procedure Feb. 14, 2005