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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. 13, 2005
China National Metal Products Import/Export Co. v. Apex Digital Inc.
District court must confirm foreign arbitral award where party fails to establish defense against enforcement of award.
Civil Procedure Feb. 7, 2005
Hawkins v. Pacific Coast Building Products Inc.
'Relation back' doctrine applies to defeat statute of limitations.
Civil Procedure Feb. 6, 2005
Wolfe v. Strankman
Judicial defendants, when acting as administrators, are not immune from Section 1983 suits.
Civil Procedure Feb. 4, 2005
Urshan v. Musicians' Credit Union
Trial court lacks authority to shorten minimum notice period for hearing summary judgment motion absent parties' consent.
Civil Procedure Jan. 21, 2005
Fair v. Bakhtiari
Settlement agreement that all disputes are subject to arbitration makes agreement admissible to show that parties intended to be bound.
Civil Procedure Jan. 18, 2005
Gilbertson v. Albright
Federal abstention principles apply to civil rights action for damages that relates to pending state proceeding.
Civil Procedure Jan. 18, 2005
Yaqub v. Salinas Valley Memorial Healthcare System
Hospital denied doctor a fair administrative hearing before revoking his hospital privileges.
Civil Procedure Jan. 18, 2005
People v. Superior Court (Cole National Corp.)
Trial court's discovery orders were abuse of discretion.
Civil Procedure Jan. 18, 2005
Sylmar Air Conditioning v. Pueblo Contracting Services Inc.
Party that filed SLAPP is liable for attorney fees despite filing amended complaint.
Civil Procedure Jan. 18, 2005
ECC Construction Inc. v. Oak Park Calabasas Homeowners Association
Defendant's notice of appeal of cross-complaint was timely under 'one final judgment' rule.
Civil Procedure Jan. 18, 2005
Marriage of Kreiss
Father may have access to psychiatric records of mother who underwent drug rehabilitation.
Civil Procedure Jan. 18, 2005
Gonzalez v. County of Los Angeles
Five-year deadline to bring civil case to trial is extended when mediation occurs during final six months of limitations period.
Civil Procedure Jan. 18, 2005
Sinaiko v. Superior Court (Medical Board of California)
Disqualification of plaintiff's experts rendered administrative proceeding unfair.
Civil Procedure Jan. 18, 2005
Arntz Builders v. Superior Court (County of Contra Costa)
Contractual provision waiving plaintiff's right to transfer action to neutral county is invalid.
Civil Procedure Jan. 18, 2005
Association For Sensible Development at Northstar Inc. v. Placer County (Northstar Mountain Properties LLC)
Plaintiff's request for hearing was timely under Public Resources Code.
Civil Procedure Jan. 17, 2005
Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency
California Environmental Quality Act plaintiffs whose failure to request merits hearing was caused by attorney's inexcusable mistake cannot avoid dismissal.
Civil Procedure Jan. 14, 2005
Lebrilla v. Farmers Group Inc.
Denial of plaintiffs' statewide class certification must be reversed due to court's application of wrong legal criteria.
Civil Procedure Jan. 11, 2005
Goldstein v. Ralphs Grocery Co.
Party had no right of immediate appeal from denial of special motion to strike.
Civil Procedure Jan. 11, 2005
Pardi v. Kaiser Permanente Hospital Inc.
California's statutory litigation privilege does not bar action brought under Americans with Disabilities Act.
Civil Procedure Jan. 11, 2005
People v. Lazarevich
State may assert jurisdiction over father who violated custody order by taking children to foreign country.
Civil Procedure Jan. 11, 2005
Northern California Carpenters Regional Council v. Warmington Hercules Associates
Anti-SLAPP motion was properly denied when suit alleged underpayment of non-union workers.
Civil Procedure Jan. 11, 2005
Gupta v. Stanford university
University student who challenges discipline must exhaust judicial remedy of administrative mandamus.
Civil Procedure Jan. 11, 2005
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 Jan. 11, 2005
People v. Calderon
Defense testimony was properly excluded in trial of sexually violent predator.
Civil Procedure Jan. 10, 2005
Quacchia v. DaimlerChrysler Corp.
Court properly denied class certification to plaintiffs in seatbelt defect lawsuit against car manufacturer.
Civil Procedure Jan. 10, 2005
Royal Thrift and Loan Co. v. County Escrow Inc.
Appellate stay bars action to enforce judgment, including nonjudicial foreclosure sale.
Civil Procedure Jan. 10, 2005
Benun v. Superior Court (Country Villa East LP)
Statute of limitations for professional negligence actions against health care providers does not apply to elderly abuse actions.
Civil Procedure Jan. 10, 2005
Sagi Plumbing v. Chartered Construction Corp.
Trial in bifurcated action that resolved first cause of action did not dispose of remaining causes of action.
Civil Procedure Jan. 10, 2005
Paterno v. Superior Court (State of California)
Hearing conducted by trial judge after remand that does not require reexamination of law or fact is not new trial.
Civil Procedure Jan. 10, 2005