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Scott v. Metabolife International Inc.
Plaintiff's claim against diet pill manufacturer was not a strategic lawsuit against public participation.
Civil Procedure Jul. 28, 2004
O'Hearn v. Hillcrest Gym and Fitness Center Inc.
Court erred in admitting evidence of settlement agreements plaintiff obtained in similar cases for purpose of establishing damages in present case.
Civil Procedure Jul. 28, 2004
Abramson v. Juniper Networks Inc.
Contract provision requiring employee to pay half of arbitration costs was unenforceable.
Civil Procedure Jul. 28, 2004
Fair Employment and Housing Commission v. Superior Court (Las Brisas Apartments)
Apartment owner challenging decision of Fair Employment and Housing Commission was subject to 30-day deadline.
Civil Procedure Jul. 28, 2004
Martinez v. Metabolife International Inc.
Because burden never shifted to plaintiffs to demonstrate probability they would prevail on claims, trial court correctly denied defendant's anti-SLAPP motion.
Civil Procedure Jul. 28, 2004
Barratt American Inc. v. City of San Diego
Proposition 218 does not repeal or otherwise invalidate Code of Civil Procedure Section 329.5.
Civil Procedure Jul. 28, 2004
Chatsky and Associates v. Superior Court (Bank of America Corp.)
One-year limitations period applies to claims by depositors against bank for payment of forged checks written on accounts.
Civil Procedure Jul. 28, 2004
London v. Dri-Honing Corp.
Motion for monetary discovery sanctions may be filed separately from motion to compel further discovery.
Civil Procedure Jul. 28, 2004
Haggerty v. Superior Court (Guindazola)
Trial court erred in ordering disclosure of internal affairs' report without first redacting portions reflecting investigating officer's analysis and conclusions.
Civil Procedure Jul. 28, 2004
Lopez v. Charles Schwab & Co. Inc.
Securities broker that rejected account application cannot enforce account's arbitration provision.
Civil Procedure Jul. 28, 2004
Hindin v. Rust
In malicious prosecution action, summary adjudication is not permitted when some, but not all claims are supported by probable cause.
Civil Procedure Jul. 28, 2004
Knowles v. Superior Court (Labo)
Statute of limitations period in wrongful death case was triggered when medical negligence was first suspected.
Civil Procedure Jul. 28, 2004
Action Apartment Assn. Inc. v. City of Santa Monica
City ordinance that prohibits landlords from harassing tenants in rent-controlled housing is pre-empted by state law.
Civil Procedure Jul. 28, 2004
Anastos v. Lee
Plaintiff who serves summons and complaint by publication isn't required to obtain separate court order to serve statement of damages by publication.
Civil Procedure Jul. 28, 2004
Holiday Matinee Inc. v. Rambus Inc.
Because plaintiff's claims arise under federal patent law, state court lacks subject matter jurisdiction.
Civil Procedure Jul. 28, 2004
Paneno v. Centres For Academic Programmes Abroad Ltd.
Study abroad program with 'affiliate' in United States should not be permitted to escape responsibility by claiming lack of jurisdiction.
Civil Procedure Jul. 28, 2004
Elite Show Services Inc. v. Staffpro Inc.
Inclusion of agreement to pay 'reasonable' attorney fees in pretrial settlement offer does not make offer unenforceable for uncertainty.
Civil Procedure Jul. 27, 2004
People v. Arjon
Motion to dismiss brought one hour prior to criminal trial without explanation for delay was properly dismissed.
Civil Procedure Jul. 27, 2004
Ruiz v. Appellate Division of the Superior Court (People)
Defendant's peremptory challenge against trial judge was properly filed under 'master calendar' rule.
Civil Procedure Jul. 27, 2004
Levy v. City of Santa Monica (Garai)
City council member's communication with city employees on behalf of constituent is constitutionally-protected speech.
Civil Procedure Jul. 26, 2004
Schwab v. Southern California Gas Co.
Defendant's motion to set aside defaults and judgments is properly denied for failure to show mistake, surprise, or neglect.
Civil Procedure Jul. 26, 2004
Frieman v. San Rafael Rock Quarry Inc.
Plaintiffs bringing action against quarry for unlawful acts fail to establish class action would be substantially beneficial.
Civil Procedure Jul. 26, 2004
Moore v. Shaw
Drafting termination of trust agreement was not in furtherance of right of petition or free speech for purposes of anti-SLAPP statute.
Civil Procedure Jul. 26, 2004
Brown v. Superior Court (Cyclon Corp.)
In underlying action, trial court had no power to adjudicate validity and amount of attorney contractual lien.
Civil Procedure Jul. 26, 2004
People v. R.J. Reynolds Tobacco Co.
Imposition of sanctions was erroneous where trial court did not provide adequate rationale for amount of sanctions imposed.
Civil Procedure Jul. 26, 2004
Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co.
Plaintiff's lawsuit for breach of contract was timely because defendant failed to perform during successive months.
Civil Procedure Jul. 26, 2004
Rancho Santa Fe Assn. v. Dolan-King
Trial court did not err in directing partial verdict on validity of certain land use regulations.
Civil Procedure Jul. 26, 2004
Moraga-Orinda Fire Protection District v. Weir (Moraga Del Rey Homeowners Assn.)
Homeowners association that faced lawsuit after submitting statements in voter pamphlet is entitled to attorney fees under anti-SLAPP law.
Civil Procedure Jul. 26, 2004
Lockheed Litigation Cases
Trial court did not err by excluding expert's declaration that did not provide reasonable basis for opinion.
Civil Procedure Jul. 26, 2004
Olmstead v. Arthur J. Gallagher & Co.
Code of Civil Procedure Section 128.5 does not authorize imposition of sanctions for any form of misconduct arising after Dec. 31, 1994.
Civil Procedure Jul. 26, 2004