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Saakyan v. Modern Auto Inc.
Statutory offer to compromise is not extinguished by judgment that is vacated by subsequent order for new trial. 		Civil Procedure Jan. 29, 2003
People v. Superior Court (Maria Plascencia, $68,317).
Jury trial is required to determine whether plaintiff has standing to challenge forfeiture proceedings. 		Civil Procedure Jan. 29, 2003
Galbraith v. County of Santa Clara
Heightened pleading standard of improper motive does not apply to constitutional tort claims against individual officers. 		Civil Procedure Jan. 15, 2003
Motorola Inc. v. Federal Express Corp.
Freight carrier may be liable for entire weight of cargo when damaged portion affected value of whole shipment. 		Civil Procedure Jan. 15, 2003
Flatow v. Islamic Republic of Iran
Bank owned by Iranian government is not liable for default judgment entered against Iranian state. 		Civil Procedure Jan. 15, 2003
Four Pillars Enterprises Co. v. Avery Dennison Corp.
Magistrate didn't abuse discretion by denying petitioner's discovery request on ground that protective order of Ohio federal court would be frustrated. 		Civil Procedure Jan. 15, 2003
California Dept. of Toxic Substances Control v. Commercial Realty Projects Inc.
Cities' motion to intervene in toxic cleanup settlement under CERCLA was untimely. 		Civil Procedure Jan. 15, 2003
Sain v. City of Bend
When underlying cause of action is federal, statute of limitations under federal rules apply. 		Civil Procedure Jan. 15, 2003
San Francisco BayKeeper Inc. v. Tosco Corp.
Citizen's lawsuit under Clean Water Act may proceed if it has reasonably specific notice of alleged violations. 		Civil Procedure Jan. 15, 2003
Thomas v. Nakatani
Denial of state's motion to dismiss on Eleventh Amendment immunity grounds is appealable under collateral order doctrine. 		Civil Procedure Jan. 15, 2003
Lawson v. City of Santa Barbara
Capable-of-repetition doctrine does not apply to case where plaintiff has sufficient time to litigate dispute and exhaust appeals process. 		Civil Procedure Jan. 15, 2003
Coaltion of Clergy, Lawyers and Professors v. Bush
Coalition of clergy and professors lacks standing to seek release of detainees from Afghanistan. 		Civil Procedure Jan. 15, 2003
Soliman v. Philip Morris Inc.
Action against tobacco industry alleging addictive qualities of nicotine were fraudulently concealed is barred by limitations period. 		Civil Procedure Jan. 15, 2003
O'Connor v. Crilley
In hazardous substances litigation, CERCLA's federal commencement rule will apply to plaintiff's state tort claims. 		Civil Procedure Jan. 14, 2003
Porter v. Board of Trustees of Manhattan Beach Unified School District
Parents of disabled student were not required to exhaust state complaint procedures before suing school district. 		Civil Procedure Jan. 9, 2003
Gallimore v. State Farm Fire & Casualty Insurance Co.
Motion to strike complaint under anti-SLAPP statute was improperly granted. 		Civil Procedure Jan. 7, 2003
Marin Healthcare District v. Sutter Health
'Hoadley' rule will not bar application of statute of limitations in action by state seeking to void lease and asset transfer agreement. 		Civil Procedure Jan. 7, 2003
Choy v. Redland Insurance Co.
State court lacks jurisdiction to determine whether defendant in civil suit filed for bankruptcy in bad faith. 		Civil Procedure Jan. 7, 2003
Bias v. Wright
Acceptance notice of offer to compromise that imposed added condition regarding parties' costs does not constitute required proof of acceptance. 		Civil Procedure Jan. 7, 2003
Magness Petroleum Co. v. Warren Resources of California Inc.
Oral modification of written agreement to arbitrate future disputes before particular arbitrator is not enforceable. 		Civil Procedure Jan. 7, 2003
Wozniak v. Lucutz
Plaintiff may not rely upon ambiguity in own pleading to obtain better judgment at new trial. 		Civil Procedure Dec. 30, 2002
Kootenai Tribe of Idaho v. Veneman
Court abused discretion in granting preliminary injunction against implementation of 'Roadless Rule.' 		Civil Procedure Dec. 25, 2002
Advanced Bionics Corp. v. Medtronic Inc.
Because covenant not to compete is contrary to public policy and California action brought first, dispute should be litigated in California. 		Civil Procedure Dec. 20, 2002
Fontana Empire Center LLC v. City of Fontana
Federal court had jurisdiction to review state court's decision in foreclosure case. 		Civil Procedure Dec. 16, 2002
Howsam v. Dean Witter Reynolds Inc.
Arbitrator, rather than court, must decide whether dispute satisfies time-limit rule of National Association of Securities Dealers. 		Civil Procedure Dec. 16, 2002
Reynolds v. Howsam
Court errs in concluding that parties 'clearly and unmistakably' agreed to allow arbitrator rather than courts to decide dispute is arbitrable. 		Civil Procedure Dec. 10, 2002
Humphrey v. Appellate Division of the Superior Court ( People)
Superior court's appellate division errs in certifying decision for publication and in issuing search warrant pursuant to declaration based on information and belief. 		Civil Procedure Dec. 9, 2002
In re Ford Motor Co.
Amount in controversy does not satisfy federal court jurisdiction because consolidated plaintiffs lack 'undivided and common interests'. 		Civil Procedure Dec. 9, 2002
White v. Lieberman
Statute of limitations to file malicious prosecution lawsuit begins to run on date appellate court issues remittitur. 		Civil Procedure Dec. 4, 2002
City of Hope v. Bryan Cave
Parties who are not intended beneficiaries of settlement agreements may not compel arbitration pursuant to underlying employment contracts. 		Civil Procedure Dec. 3, 2002
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