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Name Category Published
City of Saint Paul v. Evans
Claims that were time-barred could not be asserted as affirmative defenses to counterclaims. 		Civil Procedure Oct. 7, 2003
Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Desert Valley Landscape & Maintenance Inc.
Because federal claim was not dismissed, exercise of discretion to decline supplemental jurisdiction was not authorized. 		Civil Procedure Oct. 7, 2003
Batzel v. Smith
Operator of Internet listserv may be liable for publishing defamatory email sent by third party. 		Civil Procedure Oct. 7, 2003
Shamsian v. Atlantic Richfield Co.
Plaintiff alleging violation of drinking water act must bring suit within one-year limitations period. 		Civil Procedure Oct. 3, 2003
Luri v. Greenwald
Party that failed to file opposition to summary judgment motion was not entitled to mandatory relief for attorney's neglect. 		Civil Procedure Oct. 3, 2003
Mills v. Forestex Co.
No triable issues of fact exist to warrant equitable tolling of limitations period. 		Civil Procedure Oct. 2, 2003
Golfland Entertainment Centers Inc. v. Superior Court (Nunez)
Discovery order which prohibited mental examiner from eliciting 'narrative' responses was improper. 		Civil Procedure Oct. 2, 2003
Lomeli v. Dept. of Corrections (State Personnel Board)
Petitioner's writ to compel California Dept. of Corrections to comply with administrative order was not premature. 		Civil Procedure Oct. 2, 2003
Haney v. City of Los Angeles
Police officer's discharge for having unauthorized barbecue on Memorial Day was within statute of limitations. 		Civil Procedure Oct. 2, 2003
Black Diamond Asphalt Inc. v. Superior Court (California Insurance Guarantee Assn.)
Venue is permitted in county where obligation that plaintiff seeks to enforce is strictly statutory. 		Civil Procedure Oct. 2, 2003
Simms v. NPCK Enterprises Inc.
Plaintiffs did not waive right to arbitration by filing lawsuit and seeking restraining order against defendant. 		Civil Procedure Oct. 2, 2003
Camarillo v. Vaage
Malpractice claim against unknown defendant is tolled where Code of Civil Procedure Section 364 notice is properly sent to known potential defendants. 		Civil Procedure Oct. 2, 2003
Fittante v. Palm Springs Motors Inc.
Agreement that bound employee to arbitrate dispute against employer was enforceable. 		Civil Procedure Oct. 1, 2003
Service Employees International Union v Daughters of Charity Health Systems, Inc.
District court erred in dismissing union's case for lack of subject matter jurisdiction and failure to state claim. 		Civil Procedure Sep. 30, 2003
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to motion to strike. 		Civil Procedure Sep. 29, 2003
Northwest Airlines, Inc. v. Ontario Aircraft Services Inc.
Insurer's failure to advise of applicable limitations period estopped them from later asserting similar defense. 		Civil Procedure Sep. 26, 2003
Lund v. San Joaquin Valley Railroad
Under Federal Employers' Liability Act, award of prejudgment interest to injured employee isn't unauthorized award of damages. 		Civil Procedure Sep. 24, 2003
Peracchi v. Superior Court (People)
Court errs in denying motion to disqualify trial judge, following appeal and remand for resentencing, when he was original judge in previous trial. 		Civil Procedure Sep. 24, 2003
Albingia Versicherungs A.G. v. Schenker International Inc.
District court had supplemental jurisdiction of state claims after federal question which justified removal disappeared. 		Civil Procedure Sep. 23, 2003
Kyocera Corp. v. Prudential-Bache Trade Services Inc.
Private parties have no authority to expand allowable review of arbitration awards under Federal Arbitration Act. 		Civil Procedure Sep. 9, 2003
Southern California Edison v. Lynch
Wholesale generators may not intervene as matter of right based on claim against third-party debtor. 		Civil Procedure Aug. 26, 2003
Bianchi v. Rylaarsdam (Bank of America National Trust & Savings Assn.)
Federal district court does not have subject matter jurisdiction to hear appeal from final judgment of state court. 		Civil Procedure Aug. 19, 2003
Zapanta v. Universal Care Inc.
Court improperly granted summary judgment motion where plaintiffs voluntarily filed request for dismissal. 		Civil Procedure Aug. 19, 2003
Iliff v. Dustrud
Application for renewal of default judgment was timely within 10-year period. 		Civil Procedure Aug. 19, 2003
Muccianti v. Willow Creek Care Center
Motion to vacate judgment is not granted where interests of nonparties and public would be adversely affected. 		Civil Procedure Aug. 19, 2003
Cruz. v. Pacificare Health Systems Inc.
Claims under Consumer Legal Remedies Act to enjoin unfair competition and misleading advertising are not arbitrable. 		Civil Procedure Aug. 19, 2003
Carpinteria Valley Farms v. The County of Santa Barbara
Plaintiff's claims against county aren't takings claims, but are 42 U.S.C. Section 1983 claims ripe for review. 		Civil Procedure Aug. 18, 2003
Nutrition Now, Inc. v. Superior Court (Cappseals Inc.)
Court may determine whether out-of-state settlement was reached in good faith for purposes of equitable allocation among joint tortfeasors. 		Civil Procedure Aug. 13, 2003
Stern v. Superior Court (Getz, Krycler & Jakubovits)
Trial court, without providing notice and opportunity to present opposition, erroneously ordered action reclassified as limited civil case. 		Civil Procedure Aug. 13, 2003
Diamond Woodworks Inc. v. Argonaut Insurance Co.
Punitive damages award of $5.5 million does not comport with due process. 		Civil Procedure Aug. 12, 2003
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