Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-15656
|
Smith v. Pacific Properties and Development Corp.
Disabled 'tester' and organization he represented both had standing to bring lawsuit against property owner for violating discrimination laws. |
Civil Procedure |
|
May 18, 2004 | |
02-15687
|
Tritchler v. County of Lake
Federal court had jurisdiction to review state law claims of employment discrimination after federal claims had been dismissed. |
Civil Procedure |
|
May 17, 2004 | |
03-6539
|
Johnson v. California
U.S. Supreme Court lacks jurisdiction to review decision of state supreme court to remand for further proceedings. |
Civil Procedure |
|
May 12, 2004 | |
02-1657
|
Scarborough v. Principi
Attorney-fees application under Equal Access to Justice Act may be amended after deadline to allege government's position was not substantially justified. |
Civil Procedure |
|
May 12, 2004 | |
02-55076
|
Retail Flooring Dealers of America Inc. v. Beaulieu of America
Court erred in awarding sanctions against plaintiff because defendant failed to comply with safe harbor provision. |
Civil Procedure |
|
May 11, 2004 | |
01-17059
|
Churchill Village LLC v. General Electric
Settlement of class action lawsuit against manufacturer of consumer dishwashers is upheld. |
Civil Procedure |
|
May 11, 2004 | |
02-56781
|
Kougasian v. TMSL Inc.
Rooker-Feldman doctrine does not bar subject matter jurisdiction when federal plaintiff alleges cause of action for extrinsic fraud against state court. |
Civil Procedure |
|
May 7, 2004 | |
02-55340
|
United States v. Universal Fruits and Vegetables Corp.
District court lacks jurisdiction over action brought under False Claims Act regarding customs duties and antidumping tariffs. |
Civil Procedure |
|
May 7, 2004 | |
03-863
|
Bunting v. Mellen
High court lacks jurisdiction to hear challenge regarding prayer at Virginia Military Institute. |
Civil Procedure |
|
May 4, 2004 | |
03-15901
|
Bushley v. Credit Suisse First Boston
District court's order compelling arbitration in one forum but not in another forum is not appealable. |
Civil Procedure |
|
May 4, 2004 | |
03-1201
|
Opinion of Lockyer
Physician who testifies as expert on applicable standard of care may not be found liable in subsequent action, but may be professionally disciplined. |
Civil Procedure |
|
Apr. 29, 2004 | |
02-55788
|
Special Investments Inc. v. Aero Air Inc.
Federal court's dismissal of defendant should have been vacated once court decided it lacked subject matter jurisdiction. |
Civil Procedure |
|
Apr. 26, 2004 | |
02-56278
|
United Investors Life Insurance Co. v. Waddell & Reed Inc.
Federal appellate court lacks jurisdiction to review district court order remanding lawsuit to state court. |
Civil Procedure |
|
Apr. 25, 2004 | |
B159868
|
Smith v. M.D.
Absolute official proceedings privilege applies where child makes false statements of sexual abuse to caregivers and police. |
Civil Procedure |
|
Apr. 7, 2004 | |
A097117
|
Olmstead v. Arthur J. Gallagher & Co.
Direct false response to discovery qualifies as 'misuse of the discovery process' subject to sanctions. |
Civil Procedure |
|
Mar. 25, 2004 | |
B145406
|
Covenant Care Inc. v. Superior Court (Inclan)
Lawsuit alleging elder abuse by health care provider may seek punitive damages beyond two-year deadline imposed by statute. |
Civil Procedure |
|
Mar. 23, 2004 | |
B168662
|
State Farm Mutual Automobile Insurance Co. v. Superior Court (Hill)
Illinois law applies to policyholders' action that alleges company improperly withheld dividends. |
Civil Procedure |
|
Mar. 18, 2004 | |
B160389
|
City of Santa Paula v. Narula
Court strikes down appellants' argument that attorney fees award to city of Santa Paula is excessive. |
Civil Procedure |
|
Mar. 18, 2004 | |
H025443
|
Alexander v. Superior Court (The Brix Group Inc.)
Court erred in concluding that venue selection clause was binding and dispositive of question of venue. |
Civil Procedure |
|
Mar. 18, 2004 | |
C041238
|
Collins v. State Dept. of Transportation
Sanctions for submitting affidavit in bad faith during summary judgment proceeding cannot include attorney fees. |
Civil Procedure |
|
Mar. 18, 2004 | |
02-35432
|
Lierboe v. State Farm Mutual
Because sole named plaintiff has no cognizable claim, class is inadequately represented and class certification is vacated. |
Civil Procedure |
|
Mar. 17, 2004 | |
S111323
|
Saint Agnes Medical Center v. PacifiCare of California
Party to contract didn't waive its contractual right to arbitration by filing lawsuit for purpose of repudiating contract. |
Civil Procedure |
|
Mar. 16, 2004 | |
G030640
|
Kertesz v. Ostrovsky
Limitations period was tolled by respondent's petition for bankruptcy and automatic stay. |
Civil Procedure |
|
Mar. 16, 2004 | |
D040112
|
Korea Water Resources Corp. v. Lee
Because foreign country's judgment is not conclusive, superior court properly discharged attachment against defendant. |
Civil Procedure |
|
Mar. 16, 2004 | |
A102151
|
The CIT Group/Equipment Financing Inc. v. Super DVD Inc.
Right to Attach order in favor of respondents is proper because computation of damages was ascertainable from contract. |
Civil Procedure |
|
Mar. 16, 2004 | |
A102182
|
Duran v. St. Luke's Hospital
Mother alleging medical malpractice that led to death of child is barred from suing because filing fee was $3 short. |
Civil Procedure |
|
Mar. 15, 2004 | |
A099383
|
People v. Krah
Court had jurisdiction to commit convicted child molester as sexually violent predator. |
Civil Procedure |
|
Mar. 15, 2004 | |
H025229
|
People v. Superior Court (Cooper)
Legislature did not intend for relitigated motions grounded on review of suppression-motion denial to be included within Penal Code Section 1538.5(p). |
Civil Procedure |
|
Mar. 15, 2004 | |
G031407
|
Thomson v. Anderson
Corporations Code Section 31420 is service of process statute and does not create independent basis for personal jurisdiction. |
Civil Procedure |
|
Mar. 15, 2004 | |
B162846
|
Taylor v. Lockheed Martin Corp.
Arbitration provision in collective bargaining agreement is not enforceable where there is no clear waiver of right to file suit. |
Civil Procedure |
|
Mar. 15, 2004 |