Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B156776
|
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 | |
C041189
|
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 | |
02-16199
|
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 | |
A091787
|
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 | |
02-15547
|
Bankston v. White
Federal employee who voluntarily dismissed administrative complaint for age bias was entitled to file lawsuit. |
Civil Procedure |
|
Nov. 17, 2003 | |
02-56457
|
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 | |
99-5222
|
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 | |
B166781
|
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 | |
B166081
|
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 | |
S098660
|
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 | |
C041087
|
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 | |
B166721
|
Bagration v. Superior Court (People)
Person subject to civil commitment as sexually violent predator cannot move for summary judgment. |
Civil Procedure |
|
Oct. 28, 2003 | |
03-35457
|
Foster v. Carson
Court dismisses judicial budget case for mootness after funding is restored for defense counsel appointments. |
Civil Procedure |
|
Oct. 28, 2003 | |
B163040
|
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 | |
A098122
|
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 | |
C037787
|
Thompson v. Miller
Court erred in denying defendant's motion for attorney fees and in denying expert fees. |
Civil Procedure |
|
Oct. 26, 2003 | |
01-35887
|
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 | |
01-15970
|
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 | |
02-15742
|
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 | |
00-35988
|
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 | |
02-15035
|
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 | |
02-15517
|
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 | |
00-17146
|
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 | |
G029343
|
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 | |
B164153
|
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 | |
B162197
|
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 | |
A098484
|
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 | |
C039827
|
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 | |
02-55658
|
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 | |
S088458
|
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 |