Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-56718
|
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 | |
02-306
|
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 | |
02-16214
|
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 | |
02-196
|
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 | |
02-55883
|
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 | |
02-16269
|
Arakaki v. Cayetano
Native Hawaiians were not entitled to intervene in lawsuit regarding provision of state benefits. |
Civil Procedure |
|
May 30, 2003 | |
01-35803
|
Mann v. American Airlines
District court had discretion to extend time to serve process after 120-day period expired. |
Civil Procedure |
|
May 30, 2003 | |
01-16397
|
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 | |
01-35869
|
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 | |
B145698
|
Moreno v. Sanchez
Statutory period to sue home inspector for faulty inspection does not begin until buyer discovers defect. |
Civil Procedure |
|
May 27, 2003 | |
A090058
|
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 | |
A100099
|
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 | |
B158073
|
Eichenbaum v. Alon
Court may award sanctions to defendant even after plaintiff has lawsuit dismissed with prejudice. |
Civil Procedure |
|
May 21, 2003 | |
A098229
|
Timney v. Lin
Illegal forfeiture provision included in settlement agreement is unenforceable. |
Civil Procedure |
|
May 21, 2003 | |
F038382
|
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 | |
B157086
|
Reed v. Mutual Service Corp.
Arbitration panel did not exceed authority when dismissing claim in pre-hearing. |
Civil Procedure |
|
May 21, 2003 | |
01-57053
|
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 | |
99-56570
|
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 | |
D036160
|
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 | |
02-337
|
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 | |
01-35775
|
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 | |
B159313
|
Greenfield v. Superior Court (Blanks)
Claim alleging violation of Talent Agencies Act must first be filed with Labor Commissioner. |
Civil Procedure |
|
May 14, 2003 | |
D039814
|
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 | |
02-42
|
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 | |
02-69
|
Roell v. Withrow
Consent to civil jurisdiction of magistrate may be implied by conduct of parties during litigation. |
Civil Procedure |
|
May 6, 2003 | |
02-215
|
PacifiCare Health Systems Inc. v. Book
Arbitration is compelled for claims arising under Racketeer Influenced and Corrupt Organizations Act. |
Civil Procedure |
|
May 2, 2003 | |
01-593
|
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 | |
02-258
|
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 | |
25446
|
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 | |
99-16524
|
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 |