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Basurco v. 21st Century Insurance Co.
Class is not certified because common questions of law and fact did not predominate and class action is not superior to individual lawsuits.
Civil Procedure Nov. 21, 2003
California Teachers Assn. v. California Commission on Teacher Credentialing
Teacher isn't entitled to addresses of witnesses named in confidential investigative report.
Civil Procedure Nov. 21, 2003
Soranno v. Clark County
Plaintiff's lawsuit against county for its failure to issue him permits for sidewalk newsracks is moot.
Civil Procedure Nov. 18, 2003
Jackson Plaza Homeowners Assn. v. Alcal Roofing and Insulation
Limitations period may be tolled during period of attempted repair of construction defects.
Civil Procedure Nov. 17, 2003
Bankston v. White
Federal employee who voluntarily dismissed administrative complaint for age bias was entitled to file lawsuit.
Civil Procedure Nov. 17, 2003
Way v. County of Ventura
Because district court did not arrive at final decision on issue of qualified immunity, appellate jurisdiction does not exist.
Civil Procedure Nov. 12, 2003
Southwestern Bell Telephone Co. v. Brooks Fiber Communications of Oklahoma
Federal court has jurisdiction to review telecommunications agreement using 'arbitrary and capricious' standard.
Civil Procedure Nov. 11, 2003
Huffy Corp. v. Superior Court (Winterthur Swiss Ins. Co.)
Party failed to show overriding interest in filing its motion under seal.
Civil Procedure Oct. 31, 2003
Universal City Studios Inc. v. Superior Court (Unity Pictures Corp.)
Contractual agreement to keep arbitration confidential is insufficient to compel court to seal litigation records.
Civil Procedure Oct. 29, 2003
Lantzy v. Centex Homes
Ten-year statute of limitations for latent construction defects is not subject to equitable tolling while promises to repair are pending.
Civil Procedure Oct. 29, 2003
Weinberg v. Feisel
Causes of action arising out of false allegations of criminal conduct are not subject to anti-SLAPP statute.
Civil Procedure Oct. 28, 2003
Bagration v. Superior Court (People)
Person subject to civil commitment as sexually violent predator cannot move for summary judgment.
Civil Procedure Oct. 28, 2003
Foster v. Carson
Court dismisses judicial budget case for mootness after funding is restored for defense counsel appointments.
Civil Procedure Oct. 28, 2003
Hernandez v. Superior Court (Acheson Industries Inc.)
Trial court has broad discretion to fashion suitable methods of practice in order to manage complex litigation.
Civil Procedure Oct. 27, 2003
Aquino v. Asiana Airlines Inc.
Federal law does not pre-empt state lawsuit arising from airline's refusal to allow elderly passenger to board plane.
Civil Procedure Oct. 26, 2003
Thompson v. Miller
Court erred in denying defendant's motion for attorney fees and in denying expert fees.
Civil Procedure Oct. 26, 2003
Champion Produce Inc. v. Ruby Robinson Co. Inc.
Party that refused settlement offer and then obtained judgment for lesser amount is liable for post-offer costs.
Civil Procedure Oct. 22, 2003
Meyer v. Ameriquest Mortgage Co.
Right to rescind contract expires when property is sold; damages provision leaves sole cause of action, one year statute of limitations has expired.
Civil Procedure Oct. 21, 2003
Theofel v. Farey-Jones
Defendants violated federal electronic privacy statute when they used patently unlawful subpoena to gain access to plaintiffs' e-mail.
Civil Procedure Oct. 21, 2003
Noel v. Hall
Pending suit in state superior court does not prevent plaintiff from pursuing fiduciary duty claim simultaneously in federal court.
Civil Procedure Oct. 21, 2003
Gator.com Corp. v. L.L. Bean Inc.
District court had jurisdiction over retailer that conducted extensive mail-order and internet business within state.
Civil Procedure Oct. 21, 2003
Swedberg v. Marotzke
Plaintiff's opposition to defendant's motion to dismiss did not automatically convert to summary judgment motion.
Civil Procedure Oct. 17, 2003
State Engineer v. United States
Doctrine of prior exclusive jurisdiction gives state court that adjudicates water decree exclusive jurisdiction over its administration.
Civil Procedure Oct. 16, 2003
Adams v. Pacific Bell Directory
Law of case doctrine permits state appellate court to follow 9th Circuit determination that employees' claims aren't pre-empted by federal law.
Civil Procedure Oct. 15, 2003
Alan v. Superior Court (UBS PaineWebber Inc.)
Where forum selected for arbitration declines to hear matter, dispute is to be tried in court unless out-of-state location is proper.
Civil Procedure Oct. 15, 2003
City of Long Beach v. California Citizens for Neighborhood Empowerment
Anti-SLAPP statute does not apply to city's enforcement action against organization alleged to have violated municipal codes.
Civil Procedure Oct. 15, 2003
USS-Posco Industries v. Edwards
Employer may seek restraining order on behalf of employee who was not specifically targeted by harasser.
Civil Procedure Oct. 15, 2003
M. Perez Co. Inc. v. Base Camp Condominiums Assn. No. One
Party who unsuccessfully sought attorney fees is not necessarily liable for such fees to opposing party.
Civil Procedure Oct. 15, 2003
Carafano v. Metrosplash.com Inc.
Commercial Internet dating service is immune from liability for false content provided by unknown third party.
Civil Procedure Oct. 15, 2003
Lockheed Martin Corp. v. Superior Court (Carrillo)
In toxic tort action, plaintiffs fail to qualify for class certification of a 'medical monitoring' class and 'punitive damage' class.
Civil Procedure Oct. 14, 2003