Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-16553
|
In re Lorillard Tobacco Co.
Trial court's denial of tobacco company's request to seize counterfeit cigarettes is not appealable interlocutory order. |
Civil Procedure |
|
Jul. 21, 2004 | |
02-35550
|
White v. Lambert
Jurisdiction to hear defendant's habeas petition is determined by fact that he was in custody pursuant to state court judgment. |
Civil Procedure |
|
Jul. 21, 2004 | |
C041513
|
Kulshrestha v. First Union Commercial Corp.
Summary judgment against plaintiff was proper where plaintiff's declaration failed to meet requirements of Code of Civil Procedure Section 2015.5. |
Civil Procedure |
|
Jul. 19, 2004 | |
02-16754
|
Thinket Ink Information Resources Inc. v. Sun Microsystems Inc.
Minority-owned corporation has standing to bring action under 42 U.S.C. Section 1981. |
Civil Procedure |
|
Jul. 16, 2004 | |
02-72249
|
Haeuser v. Dept. of Law, Government of Guam, Civil Service of Guam
Guam supreme court's reversal of lower court without review of evidence was manifest error. |
Civil Procedure |
|
Jul. 15, 2004 | |
02-56522
|
Luong v. Circuit City Stores Inc.
Although district court had jurisdiction to hear petition to vacate arbitration award, petition fails because arbitrator didn't manifestly disregard federal law. |
Civil Procedure |
|
Jul. 15, 2004 | |
03-35050
|
Kelly v. Fleetwood Enterprises Inc.
Damages plaintiffs seek from manufacturer of their leaky motor home are not recoverable under Magnuson-Moss Warranty Act. |
Civil Procedure |
|
Jul. 15, 2004 | |
02-56770
|
Action Embroidery Corp. v. Atlantic Embroidery Inc.
Under Clayton Act, existence of personal jurisdiction over defendant does not depend upon existence of proper venue. |
Civil Procedure |
|
Jul. 15, 2004 | |
02-17051
|
McCalla v. Royal Maccabees Life Insurance Co.
Revising judgment to include mandatory prejudgment interest is considered amendment under federal rules. |
Civil Procedure |
|
Jul. 15, 2004 | |
00-35948
|
Jeff D. v. Kempthorne
District court continues to have jurisdiction over 20-year-old case and Eleventh Amendment does not bar enforcement of consent decrees. |
Civil Procedure |
|
Jul. 14, 2004 | |
02-57006
|
Sullivan v. U.S. Dept. of the Navy
District court erroneously excluded proffered testimony of plaintiff's medical expert. |
Civil Procedure |
|
Jul. 13, 2004 | |
03-15249
|
City Solutions Inc. v. Clear Channel Communications Inc.
Jury verdict of $9.8 million in fraud and unfair competition case is reinstated. |
Civil Procedure |
|
Jul. 13, 2004 | |
B158391
|
Rojas v. Superior Court (Coffin)
Mediation privilege does not apply to raw data or 'non-derivative' evidentiary material. |
Civil Procedure |
|
Jul. 12, 2004 | |
A101829
|
Hamburg v. Wal-Mart Stores Inc.
In granting defendant summary judgment based on reasonableness of time, place, manner restrictions, court failed to address false arrest issues framed by pleadings. |
Civil Procedure |
|
Jul. 12, 2004 | |
D042010
|
Blackburn v. Brady
Defendant's anti-SLAPP claim fails for want of necessary prima facie showing that activity was protected. |
Civil Procedure |
|
Jul. 12, 2004 | |
D040337
|
Brenton v. Metabolife International Inc.
Plaintiff's action for product liability and false advertising isn't subject to anti-SLAPP statute. |
Civil Procedure |
|
Jul. 12, 2004 | |
A097435
|
Garamendi v. Golden Eagle Insurance Co.
Portion of judgment awarding personal injury damages against defendants is reversed for lack of notice. |
Civil Procedure |
|
Jul. 12, 2004 | |
D042633
|
West Corporation v. Superior Court (Sanford)
California may assert jurisdiction over non-resident telemarketing corporation that initiated sale of product to California resident. |
Civil Procedure |
|
Jul. 12, 2004 | |
02-56283
|
Brockmeyer v. Marquis Publications Ltd.
Service upon English defendant through regular mail to post office box is valid under Hague Convention. |
Civil Procedure |
|
Jul. 12, 2004 | |
03-334
|
Rasul v. Bush
Federal courts have jurisdiction to hear habeas petitions of foreign nationals held at Guantanamo Bay Naval Base. |
Civil Procedure |
|
Jul. 11, 2004 | |
02-57014
|
U.S. v. Able Time, Inc.
Despite untimely service of process, court has subject matter jurisdiction and must consider question of prejudice. |
Civil Procedure |
|
Jul. 9, 2004 | |
03-73027
|
Cole v. U.S. District Court (TCI Media Services)
Petitioners' decision to bypass review of magistrate judge's decision before lower court results in denial of petition. |
Civil Procedure |
|
Jul. 9, 2004 | |
01-16124
|
Lifescan Inc. v. Premier Diabetic Services Inc.
District court erred in compelling arbitration and ordering party to pay its pro-rata share of fees. |
Civil Procedure |
|
Jul. 8, 2004 | |
01-35784
|
Coyle v. P.T. Garuda Indonesia
Federal court lacks jurisdiction to hear wrongful death claim arising out of plane crash in Indonesia. |
Civil Procedure |
|
Jul. 8, 2004 | |
01-36006
|
Computer Task Group Inc. v. Brotby
Based on defendant's record of discovery abuses, court did not err in imposing terminating sanctions. |
Civil Procedure |
|
Jul. 8, 2004 | |
B167032
|
Dial 800 v. Fesbinder
Court had subject matter jurisdiction over interpleader action despite agreement between defendants to arbitrate dispute before Israeli religious tribunal. |
Civil Procedure |
|
Jul. 2, 2004 | |
G031165
|
Garabedian v. Los Angeles Cellular Telephone Co.
Court has independent duty to determine reasonableness of attorney fees despite language of settlement agreement. |
Civil Procedure |
|
Jul. 2, 2004 | |
B166087
|
Martinez v. Master Protection Corp.
Arbitration agreement was unconscionable, and court lacked authority to appoint alternative arbitrator. |
Civil Procedure |
|
Jul. 2, 2004 | |
B158008
|
HMS Capital Inc. v. Lawyers Title Co.
Denial of SLAPP motion was proper because party bringing malicious suit received favorable termination on merits of underlying suit. |
Civil Procedure |
|
Jul. 2, 2004 | |
B171030
|
Hernandez v. Superior Court (Neal)
Death of plaintiff's trial attorney constituted good cause to continue trial date and reopen discovery. |
Civil Procedure |
|
Jul. 2, 2004 |