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Orozco v. Superior Court (People)
Order recommitting sexually violent predator need not be obtained prior to expiration of first term of confinement.
Civil Procedure Jul. 25, 2004
Canal Insurance Co. v. Tackett
Party was not entitled to recover attorney fees from interest on interpleader funds.
Civil Procedure Jul. 25, 2004
Greenbriar Homes Communities Inc. v. Superior Court (Couris)
Construction defect claims brought by original purchasers of homes must be determined by judicial referee pursuant to sales agreement.
Civil Procedure Jul. 25, 2004
Bardis v. Oates
Punitive damage award against land developer is modified because it exceeded single digit ratio to amount of compensatory damages awarded to plaintiffs.
Civil Procedure Jul. 25, 2004
Marriage of Goddard
Failure of trial court to introduce notice of trial as evidence was harmless error.
Civil Procedure Jul. 25, 2004
Carver v. Chevron U.S.A. Inc.
Defendant that prevailed on issues that 'inextricably overlapped' Cartwright Act cannot recover attorney fees.
Civil Procedure Jul. 25, 2004
Bramalea California Inc. v. Reliable Interiors Inc.
Defendant is not entitled to recovery of attorney fees when it did not pay the fees out of its own pocket.
Civil Procedure Jul. 25, 2004
Yeung v. Soos
Although evidentiary hearing in quiet title action was not properly conducted, default judgment is valid.
Civil Procedure Jul. 25, 2004
Hagberg v. California Federal Bank FSB
Bank employee's statements to police regarding customer's possession of counterfeit check are absolutely privileged.
Civil Procedure Jul. 23, 2004
Mulder v. Pilot Air Freight
Privilege applies to communications made to local police if designed to prompt action by that entity.
Civil Procedure Jul. 23, 2004
Jennings v. Palomar Pomerado Health Systems Inc.
Expert's testimony that retractor left in plaintiff's abdominal cavity caused infection was conclusory.
Civil Procedure Jul. 23, 2004
Weinberg v. Safeco Insurance Co. of America
Because husband and wife did not have single, indivisible injury, defendant's joint and unapportioned offer to compromise was not valid.
Civil Procedure Jul. 23, 2004
Fireman's Fund Insurance Co. v. Sparks Construction Inc.
Defendants subjected themselves to court's personal jurisdiction by making general appearance despite being improperly named and served.
Civil Procedure Jul. 23, 2004
Independent Roofing Contractors of California Unilateral Apprenticeship Committee v. California Apprenticeship Council
Authorization to expand roofing apprenticeship program that lacked notice to existing programs was invalid.
Civil Procedure Jul. 23, 2004
OXY Resources California LLC v. Superior Court (Calpine Natural Gas LP)
Documents contained in parties' joint defense agreement are discoverable unless they contain privileged information.
Civil Procedure Jul. 23, 2004
Tremper v. Quinones
Good faith improver granted relief must protect landowner from pecuniary losses incurred, including attorney fees and costs.
Civil Procedure Jul. 23, 2004
People v. Henderson
Dismissal isn't warranted when prosecution requests continuance within 60-day limit of Penal Code Section 859b.
Civil Procedure Jul. 23, 2004
Hernandez v. Department of Transportation
Court erred in granting summary judgment where conflicting evidence existed regarding design immunity for lack of guardrails at accident site.
Civil Procedure Jul. 22, 2004
American Airlines Inc. v. Superior Court (Di Marco)
Union representative's discussions with members are not privileged in wrongful termination case.
Civil Procedure Jul. 22, 2004
In re Renderos
Prosecution was not barred from applying extension to existing statute of limitations under newly enacted law.
Civil Procedure Jul. 22, 2004
MacDonald v. Gutierrez
Unsworn statement by arresting officer is admissible in administrative per se review hearing conducted by DMV.
Civil Procedure Jul. 22, 2004
Krupnick v. Duke Energy Morro Bay LLC
New statute that extended statute of limitations for personal injury actions does not apply retroactively.
Civil Procedure Jul. 22, 2004
Hagan Engineering Inc. v. Mills
Trial court lacked jurisdiction to enforce settlement agreement in case that had been dismissed with prejudice.
Civil Procedure Jul. 22, 2004
Dickens v. Provident Life and Accident Insurance Co.
Malicious prosecution action alleging defendants were instrumental in bringing criminal prosecution against plaintiff is subject to anti-SLAPP statute.
Civil Procedure Jul. 22, 2004
Kim v. Southern Sierra Council Boy Scouts of America
Plaintiff's lawsuit seeking promotion to Eagle Scout from Boy Scouts of America failed to state valid cause of action.
Civil Procedure Jul. 22, 2004
K.R.L. Partnership v. Superior Court (Pemberton)
Cross-defendant cannot seek change of established venue based on improper venue claim as determined by reference to compulsory cross-complaint.
Civil Procedure Jul. 21, 2004
People v. American Contractors Indemnity Co.
Surety's collateral attack on summary judgment on bail bond is barred by doctrines of estoppel and disfavor of collateral attack.
Civil Procedure Jul. 21, 2004
U.S. v. Alisal Water Corp.
Allegedly impaired ability to collect judgment arising from past claim does not solely support right of intervention.
Civil Procedure Jul. 21, 2004
Butler v. San Diego District Attorney's Office
Court incorrectly assumed factual allegations in complaint to be true when defendant moved for summary judgment.
Civil Procedure Jul. 21, 2004
Irwin v. Mascott
Debt collector is liable for violating injunction against sending misleading collection letters.
Civil Procedure Jul. 21, 2004