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Feldman v. Allstate Insurance Co.
Broad selective waiver rule does not apply to California's law of marital communications privilege.
Civil Procedure Jun. 11, 2003
Beneficial National Bank v. Anderson
Usury claim against national bank is governed solely by federal law and therefore removable to federal court.
Civil Procedure Jun. 10, 2003
EIE Guam Corp. v. Long Term Credit Bank of Japan Ltd.
Foreign sovereign who was voluntarily joined as defendant may have case removed from territorial court to federal court.
Civil Procedure Jun. 10, 2003
National Park Hospitality Assn. v. Dept. of the Interior
Concessioners' challenge to validity of National Park Service regulation is not ripe for judicial resolution.
Civil Procedure Jun. 3, 2003
Connecticut General Life Insurance Co. v. New Images of Beverly Hills
Preliminary injunction that froze assets alleged to be related to insurance fraud scheme was properly granted.
Civil Procedure May 30, 2003
Arakaki v. Cayetano
Native Hawaiians were not entitled to intervene in lawsuit regarding provision of state benefits.
Civil Procedure May 30, 2003
Mann v. American Airlines
District court had discretion to extend time to serve process after 120-day period expired.
Civil Procedure May 30, 2003
State of California v. Campbell
Genuine issue of material fact exists as to whether Louisiana-Pacific Corp. was source of groundwater contamination in Chico, California.
Civil Procedure May 29, 2003
Meredith v. State of Oregon
Appellate court has jurisdiction to review district court's denial of motion to dismiss based on abstention.
Civil Procedure May 29, 2003
Moreno v. Sanchez
Statutory period to sue home inspector for faulty inspection does not begin until buyer discovers defect.
Civil Procedure May 27, 2003
Navellier v. Sletten
Claims protected by litigation privilege do not have minimal merit required to survive Code of Civil Procedure Section 425.16 motion.
Civil Procedure May 21, 2003
City of Half Moon Bay v. Superior Court (Yamagiwa)
California Coastal Commission did not have appellate jurisdiction to modify permit approval which was issued solely to comply with court order.
Civil Procedure May 21, 2003
Eichenbaum v. Alon
Court may award sanctions to defendant even after plaintiff has lawsuit dismissed with prejudice.
Civil Procedure May 21, 2003
Timney v. Lin
Illegal forfeiture provision included in settlement agreement is unenforceable.
Civil Procedure May 21, 2003
The Legacy Group v. City of Wasco
Developer suing for breach of development agreement is not subject to statute of limitations of Subdivision Map Act.
Civil Procedure May 21, 2003
Reed v. Mutual Service Corp.
Arbitration panel did not exceed authority when dismissing claim in pre-hearing.
Civil Procedure May 21, 2003
Harris Rutsky & Co. Insurance Services Inc. v. Bell & Clements Limited
England-based corporation's activities demonstrate it availed itself to privileges of conducting business in California sufficient to confer personal jurisdiction of court.
Civil Procedure May 20, 2003
Ingle v. Circuit City Stores, Inc.
Unconscionable nature of employer's arbitration agreement renders it unenforceable under California contract law.
Civil Procedure May 20, 2003
Swiderski v. Milberg, Weiss, Bershad, Hynes & Lerach
Mere initiation of prearbitration procedures does not satisfy requirement to exhaust arbitration remedy and do not support granting motion for new trial.
Civil Procedure May 20, 2003
Breuer v. Jim's Concrete of Brevard Inc.
Lawsuit under FLSA filed in state court may be removed to federal court.
Civil Procedure May 19, 2003
Lowry v. Barnhart
In matter of alleged bias, writ of mandamus is not available to disqualify administrative law judge from presiding over attorney's cases.
Civil Procedure May 16, 2003
Greenfield v. Superior Court (Blanks)
Claim alleging violation of Talent Agencies Act must first be filed with Labor Commissioner.
Civil Procedure May 14, 2003
Nobel Farms Inc. v. Pasero
Non-resident consented to personal jurisdiction in state by filing lawsuit arising from same transaction in state.
Civil Procedure May 13, 2003
Franchise Tax Board of California v. Hyatt
Nevada is not required to give full faith and credit to California's statutes providing its tax agency with immunity.
Civil Procedure May 6, 2003
Roell v. Withrow
Consent to civil jurisdiction of magistrate may be implied by conduct of parties during litigation.
Civil Procedure May 6, 2003
PacifiCare Health Systems Inc. v. Book
Arbitration is compelled for claims arising under Racketeer Influenced and Corrupt Organizations Act.
Civil Procedure May 2, 2003
Dole Food Co. v. Patrickson
Foreign state must directly own majority of corporation's shares to be considered instrumentality of state under Foreign Sovereign Immunities Act.
Civil Procedure May 2, 2003
Jinks v. Richland County
Tolling of limitations period for supplemental state law claims pursuant to 28 U.S.C. Section 1367 is constitutional.
Civil Procedure May 2, 2003
Jinks v. Richland County
Federal tolling provision interferes with state's sovereignty to establish conditions upon which tort actions may be maintained against it.
Civil Procedure Apr. 23, 2003
Patrickson v. Dole Food Co.
Federal court lacks authority to hear lawsuit filed by Latin American banana workers alleging pesticide poisoning.
Civil Procedure Apr. 22, 2003