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Name Category Published
United States v. Marshall
Proper date for determining value of forfeited property is when government sold it. 		Civil Procedure Oct. 14, 2003
Punsly v. Ho
Mother who prevailed in visitation dispute is not entitled to attorney fees under 'private attorney general' theory. 		Civil Procedure Oct. 14, 2003
Allstate Insurance Co. v. Hughes
Federal court lacked diversity jurisdiction to hear lawsuit brought by insurer against home seller. 		Civil Procedure Oct. 14, 2003
Kelton Arms Condominium Owners Assn. Inc., v. Homestead Insurance Co.
District court did not have authority to remand case sua sponte for procedural defect under 28 U.S.C. Section 1447(c). 		Civil Procedure Oct. 14, 2003
Tuchscher Development Enterprises Inc. v. San Diego Unified Port District
Real estate developer's lawsuit against port district was properly struck under anti-SLAPP law. 		Civil Procedure Oct. 13, 2003
Gryczman v. 4550 Pico Partners, Ltd.
Delayed discovery rule applies to toll statute of limitations in breach of contract action. 		Civil Procedure Oct. 13, 2003
Scott Co. of California v. United States Fidelity & Guaranty Insurance Co.
Settlement offer made pursuant to Code of Civil Procedure Section 998 doesn't automatically exonerate sureties for liability. 		Civil Procedure Oct. 13, 2003
Planned Parenthood Golden Gate v. Foti
Demonstrators may challenge application of injunction prohibiting obstruction of abortion clinic. 		Civil Procedure Oct. 13, 2003
Leamon v. Krajkiewcz
Contractual provision that established conditions to recovery of attorney fees was valid. 		Civil Procedure Oct. 13, 2003
Hogar Dulce Hogar v. Community Development Commission of the City of Escondido
Discovery rule tolling statute of limitations is inapplicable where no individual asserts loss and public entity's statutory violation is disclosed in public records. 		Civil Procedure Oct. 13, 2003
Newton v. Clemons
County's hospital lien subject to 50 percent limitation of Civil Code; statutory lien is not remedy for enforcing reimbursement agreement. 		Civil Procedure Oct. 13, 2003
Redevelopment Agency of the City of San Diego v. San Diego Gas & Electric Co.
Redevelopment agency has standing to bring civil action for order compelling responsible part to remedy environmental contamination. 		Civil Procedure Oct. 13, 2003
Gans v. Smull
Code of Civil Procedure Section 12a does not apply to acts governed solely by contractual provisions. 		Civil Procedure Oct. 13, 2003
Turner v. Superior Court (People)
Jury's finding that defendant is not sexually violent predator requires state to present evidence of changed circumstances in subsequent hearing. 		Civil Procedure Oct. 13, 2003
Little v. Auto Stiegler Inc.
Minimum requirements for arbitration of unwaivable statutory claims apply also to claim that employee was terminated in violation of public policy. 		Civil Procedure Oct. 13, 2003
Coutee v. Barington Capital Group LP
Arbitration award against investment firm that traded clients' retirement accounts without permission is affirmed. 		Civil Procedure Oct. 10, 2003
Baker-Hoey v. Lockheed Martin Corp.
Ordinary witness fees do not include physician's reasonable and customary hourly or daily fees which must be paid in order to take deposition. 		Civil Procedure Oct. 10, 2003
Finney v. Gomez
Trial court improperly awarded more damages than plaintiff requested. 		Civil Procedure Oct. 10, 2003
California Psychiatric Transitions Inc. v. Delhi County Water District
Lawsuit against water district alleging excessive connection fee was time-barred. 		Civil Procedure Oct. 10, 2003
Appling v. State Farm Mutual Automobile Insurance Co.
Because of inconsistent prior judgments, court correctly exercised its discretion by refusing to apply offensive non-mutual collateral estoppel. 		Civil Procedure Oct. 9, 2003
Traditional Cat Assn. Inc. v. Gilbreath
Court abused discretion by denying attorney fees to parties who successfully defended copyright lawsuit. 		Civil Procedure Oct. 9, 2003
Ansley v. Ameriquest Mortgage Co.
Because federal Alternative Mortgage Transaction Parity Act doesn't completely pre-empt all California laws relating to alternative mortgage transaction, court lacks jurisdiction. 		Civil Procedure Oct. 9, 2003
Lawrence v. United States
Federal agents are entitled to immunity where they reasonably determined drug-trafficking felon needn't be prohibited from working with juveniles. 		Civil Procedure Oct. 9, 2003
U.S. v. Chase
Dangerous-patient exception does not apply to federal psychotherapist-patient privilege. 		Civil Procedure Oct. 9, 2003
Lippett v. Raymond James Financial Services Inc.
Case is remanded to state court because plaintiff's claim is not pre-empted nor does it rely on federal law. 		Civil Procedure Oct. 9, 2003
Greene v. Sprint Communications Co.
There is no private right of action to recover damages for violation of FCC regulations promulgated under Section 276 of Telecommunications Act. 		Civil Procedure Oct. 9, 2003
Circuit City Stores Inc. v. Mantor
Corporation's arbitration agreement is unconscionable under California contract law. 		Civil Procedure Oct. 8, 2003
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to strike under anti-SLAPP statute. 		Civil Procedure Oct. 8, 2003
Miller v. Gammie
District court didn't err in ordering limited discovery regarding functions of social workers to determine if social workers were entitled to absolute immunity. 		Civil Procedure Oct. 7, 2003
Zaputil v. Cowgill
Military reservist is barred from bringing action for civil damages against military personnel who allegedly wrongly revoked her discharge. 		Civil Procedure Oct. 7, 2003
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