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Name Category Published
Ritchie v. Konrad
Protection order should not be automatically extended if there is opposition to the extension and no reasonable fear of future abuse. 		Civil Procedure Jul. 2, 2004
Rezec v. Sony Pictures Entertainment Inc.
Moviegoers' lawsuit against studio for advertising fabricated reviews is not strategic lawsuit against public participation. 		Civil Procedure Jul. 2, 2004
Martin v. Szeto
Code of Civil Procedure Section 1021.7 authorizes award of attorney fees in actions for libel and slander only in actions involving peace officers. 		Civil Procedure Jul. 1, 2004
Regents of the University of California v. City and County of San Francisco
Public entity's action for refund of allegedly excessive water and sewer charges is time-barred. 		Civil Procedure Jul. 1, 2004
Hydro-Mill Co. Inc. v. Hayward, Tilton & Rolapp Insurance Associates Inc.
Plaintiff's professional negligence suit against insurance broker is barred by statute of limitations. 		Civil Procedure Jul. 1, 2004
Wagh v. Metris Direct Inc.
Dismissal of civil RICO action for failure to state claim was proper. 		Civil Procedure Jun. 30, 2004
Rotec Industries Inc. v. Mitsubishi Corp.
District court correctly dismissed Robinson-Patman claim for lack of jurisdiction. 		Civil Procedure Jun. 30, 2004
In re: Complaint of Judicial Misconduct
Chief Judge lacked jurisdiction to hear judicial misconduct complaint arising from district judge's decision to uphold complainant's termination of employment. 		Civil Procedure Jun. 29, 2004
D-Beam Limited Partnership v. Roller Derby Skates Inc.
Court lacks jurisdiction to review claims of corporation that is represented pro se by majority shareholder. 		Civil Procedure Jun. 29, 2004
Edwards v. Marin Park Inc.
Under Federal Rule of Civil Procedure 8(a), plaintiff's retaliation claim is sufficient to survive motion to dismiss. 		Civil Procedure Jun. 29, 2004
Luong v. Circuit City Stores Inc.
Plaintiff's petition in federal court to vacate arbitration award is dismissed as award is less than amount required for diversity jurisdiction. 		Civil Procedure Jun. 29, 2004
Anderson v. WoodCreek Venture Ltd.
Issue exists whether plaintiff voluntarily consented to magistrate judge's jurisdiction to enter judgment. 		Civil Procedure Jun. 28, 2004
Pincay v. Andrews
Attorney's failure to file appeal due to error of law clerk is not excusable neglect. 		Civil Procedure Jun. 28, 2004
Intel Corp. v. Advanced Micro Devices, Inc.
District court has power to order U.S. company to produce documents for use in proceeding in foreign tribunal. 		Civil Procedure Jun. 22, 2004
Advanced Micro Devices Inc. v. Intel Corp.
Proceeding before European Commission for which discovery is sought qualifies as foreign or international tribunal under 28 U.S.C. Section 1782. 		Civil Procedure Jun. 21, 2004
Southern Utah Wilderness Alliance v. Norton
District court has jurisdiction to decide whether Bureau of Land Management failed to comply with Federal Land Policy and Management Act. 		Civil Procedure Jun. 21, 2004
Winn v. Killian
Federal court may review challenge to state law that provides tax credit for contributions that support parochial schools. 		Civil Procedure Jun. 21, 2004
Altmann v. Republic of Austria
Facts alleged by heir of victim of Nazi art theft may establish taking in violation of international law that confers jurisdiction upon federal courts. 		Civil Procedure Jun. 21, 2004
Marriage of Goddard
Trial result is binding despite failure to introduce evidence that party had notice of trial. 		Civil Procedure Jun. 8, 2004
Grupo Dataflux v. Atlas Global Group
Postfiling change in citizenship cannot cure lack of subject matter jurisdiction that existed at time of filing in diversity action. 		Civil Procedure May 25, 2004
Salazar v. Upland Police Dept.
Where there is evidence of lack of reasonable cause and good faith for continuing plaintiff's lawsuit, award of attorney fees was proper. 		Civil Procedure May 21, 2004
Nora v. Kaddo
Trial court erred in issuing mutual restraining orders without hearing testimony of witnesses offered by each party. 		Civil Procedure May 21, 2004
Castro v. Superior Court (California Savings)
Withdrawal of challenged lis pendens prior to hearing does not disqualify moving party from recovering attorney fees. 		Civil Procedure May 21, 2004
State of California v. Superior Court (Bodde)
State's demurrer was properly denied where plaintiff failed to plead he complied with requirements of Tort Claims Act. 		Civil Procedure May 21, 2004
People v. Osborn
Defendant who dredged under water for minerals is liable for substantially changing river bank. 		Civil Procedure May 19, 2004
American Consumer Publishing Association Inc. v. Margosian
Abstention principles are properly invoked only when adjudicating claim for damages would directly interfere with pending state proceeding. 		Civil Procedure May 19, 2004
Murphy v. Schneider National Inc.
Defendant's Rule 12(b)(3) motion was improperly granted because factual allegations were not resolved in plaintiff's favor. 		Civil Procedure May 19, 2004
Farrell v. Principi
Plaintiff may proceed with civil action against agency because action seeks de novo review of claim, not enforcement of agency's final order. 		Civil Procedure May 18, 2004
Alsea Valley Alliance v. Dept. of Commerce
Court lacks jurisdiction over appeal of remand order and intervention order because neither is final decision. 		Civil Procedure May 18, 2004
PowerAgent Inc. v. Electronic Data Systems Corp.
Plaintiff is bound by arbitrators' decision after it argued for arbitration of all claims. 		Civil Procedure May 18, 2004
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