Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S090136
|
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 | |
G030520
|
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 | |
B156294
|
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 | |
S104997
|
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 | |
01-16964
|
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 | |
B157913
|
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 | |
A097110
|
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 | |
B164375
|
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 | |
B164245
|
Eisendrath v. Superior Court (Rogers)
Communications made during confidential mediation cannot be disclosed without express waiver of parties. |
Civil Procedure |
|
Jul. 28, 2003 | |
F040990
|
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 | |
F040652
|
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 | |
B162707
|
Pfeiffer Venice Properties v. Superior Court (Bernard)
Post-appeal peremptory challenges are available to both appellants and respondents. |
Civil Procedure |
|
Jul. 25, 2003 | |
A097905
|
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 | |
02-16161
|
Plata v. Davis
Order dealing with composition of plaintiff class in class action suit was not immediately appealable. |
Civil Procedure |
|
Jul. 23, 2003 | |
01-16427
|
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 | |
02-16292
|
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 | |
01-16683
|
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 | |
A097898
|
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 | |
B155884
|
Vick v. DaCorsi
Settlement offer without apportionment was valid despite being made to married couple jointly. |
Civil Procedure |
|
Jul. 8, 2003 | |
G029800
|
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 | |
B157600
|
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 | |
D040084
|
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 | |
E032446
|
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 | |
02-15727
|
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 | |
02-15559
|
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 | |
01-15841
|
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 | |
00-56627
|
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 | |
01-17040
|
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 | |
01-16638
|
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 | |
02-35140
|
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 |