This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
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
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
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
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
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
Churchill Village LLC v. General Electric
Settlement of class action lawsuit against manufacturer of consumer dishwashers is upheld.
Civil Procedure May 11, 2004
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
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
Bunting v. Mellen
High court lacks jurisdiction to hear challenge regarding prayer at Virginia Military Institute.
Civil Procedure May 4, 2004
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
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
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
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
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
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
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
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
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
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
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
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
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
Kertesz v. Ostrovsky
Limitations period was tolled by respondent's petition for bankruptcy and automatic stay.
Civil Procedure Mar. 16, 2004
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
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
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
People v. Krah
Court had jurisdiction to commit convicted child molester as sexually violent predator.
Civil Procedure Mar. 15, 2004
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
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
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