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Geneva Towers LP v. City and County of San Francisco
Statute of limitations to sue city that fails to respond to request for property-tax refund is six months.
Civil Procedure Aug. 12, 2003
Kalai v. Gray
There is no waiver of right to arbitrate by filing suit in court; attorney fees must be awarded per arbitration agreement.
Civil Procedure Aug. 11, 2003
Kahn v. Lasorda's Dugout Inc.
Trial court should have considered whether to accept copies of documents rather than originals at default prove-up hearing.
Civil Procedure Aug. 11, 2003
Palmer v. GTE California Inc.
Service of copy of file-stamped judgment triggers time period to seek new trial or judgment notwithstanding verdict.
Civil Procedure Aug. 11, 2003
Celaya v. Halter
Administrative law judge failed to meet obligation to develop record regarding claimant's obesity in proceeding for Social Security benefits.
Civil Procedure Aug. 3, 2003
First American Title Co. v. Mirzaian
Court clerk's entry of default and denial of motion to set aside clerk's entry of default is not appealable.
Civil Procedure Jul. 30, 2003
Cossman v. DaimlerChrysler Corp.
Code of Civil Procedure Section 361 bars tort action which accrued in another state and plaintiff is non-resident.
Civil Procedure Jul. 29, 2003
Parris v. Superior Court (Lowe's H.I.W. Inc.)
Precertification communication with potential plaintiffs of class action does not require court approval.
Civil Procedure Jul. 28, 2003
Eisendrath v. Superior Court (Rogers)
Communications made during confidential mediation cannot be disclosed without express waiver of parties.
Civil Procedure Jul. 28, 2003
Twedt v. Franklin
Incorporation by attachment of written transcript that specifies reasons for grant of new trial complies with procedural requirements.
Civil Procedure Jul. 28, 2003
Oldham v. California Capital Fund Inc.
Without sufficient information, superior court could not have properly exercised its discretion in approving settlement.
Civil Procedure Jul. 28, 2003
Pfeiffer Venice Properties v. Superior Court (Bernard)
Post-appeal peremptory challenges are available to both appellants and respondents.
Civil Procedure Jul. 25, 2003
In re Vitamin Cases
Code of Civil Procedure Section 384 does not preclude cy pres recovery in class action settlement.
Civil Procedure Jul. 25, 2003
Plata v. Davis
Order dealing with composition of plaintiff class in class action suit was not immediately appealable.
Civil Procedure Jul. 23, 2003
Yamamoto v. Bank of New York
Court has discretion to modify sequence of recission events under Truth in Lending Act.
Civil Procedure Jul. 23, 2003
Norita v. Commonwealth of the Northern Mariana Islands
In suit by officials to recover overtime pay, court determines Commonwealth of Northern Mariana Islands isn't entitled to sovereign immunity defense.
Civil Procedure Jul. 22, 2003
Union Oil Co. of California v. Terrible Herbst Inc.
Withholding assertion of non-frivolous claim in reliance on agreement is consideration to support contract; court abused discretion by granting new trial.
Civil Procedure Jul. 22, 2003
Du Charme v. International Brotherhood of Electrical Workers, Local 45
Defendant's statements about plaintiff that did not occur in context of ongoing controversy or discussion are not covered by anti-SLAPP statute.
Civil Procedure Jul. 8, 2003
Vick v. DaCorsi
Settlement offer without apportionment was valid despite being made to married couple jointly.
Civil Procedure Jul. 8, 2003
Consumer Justice Center v. Trimedica International Inc.
Commercial speech regarding product as natural alternative to breast implants is not public issue within meaning of anti-SLAPP statute.
Civil Procedure Jun. 25, 2003
1-800 Contacts Inc. v. Steinberg
Contact lens vendor's claims against optometrist were properly struck under anti-SLAPP law.
Civil Procedure Jun. 25, 2003
Corona v. Amherst Partners
Where prevailing party did not request that arbitrator decide issue of attorney fees and costs, trial court may not make such awards.
Civil Procedure Jun. 25, 2003
Woodside Homes of California Inc. v. Superior Court (Fogler)
Provision requiring homebuyers who sue builder to submit dispute to judicial reference is enforceable.
Civil Procedure Jun. 25, 2003
Chateau des Charmes Wines Ltd. v. Sabate USA Inc.
Dismissal of action was abuse of discretion where forum selection clauses in invoices were not part of international sales contracts.
Civil Procedure Jun. 24, 2003
Zhang v. Dept. of Labor & Immigration
District court erred by giving preclusive effect to Commonwealth of Northern Mariana Islands Supreme Court's decision regarding statute of limitations.
Civil Procedure Jun. 24, 2003
Duk v. MGM Grand Hotel Inc.
Because second verdict was reconcilable with first verdict, it was valid and court abused its discretion by ordering new trial.
Civil Procedure Jun. 16, 2003
G.C. and K.B. Investments Inc. v. Wilson
District court properly had jurisdiction to enter judgment confirming default arbitration award.
Civil Procedure Jun. 16, 2003
Miles v. State of California
Court properly awarded costs to state following dismissal of lawsuit based on Eleventh Amendment immunity.
Civil Procedure Jun. 15, 2003
Cordoza v. Pacific States Steel Corp.
Terminated special master may not appeal orders that fail to qualify as collateral order exception.
Civil Procedure Jun. 15, 2003
Beck v. The Boeing Co.
Petition to review class action certification order is timely because Saturdays, Sundays and legal holidays are excluded from 10-day deadline.
Civil Procedure Jun. 15, 2003