Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
00-56844
|
Abada v. Charles Schwab & Co.
District court lacks appellate jurisdiction over class action suit which was removed to state court. |
Civil Procedure |
|
Oct. 15, 2002 | |
B158675
|
Rosenbluth International Inc. v. Superior Court (Serrano)
Individual plaintiff lacks standing to sue for unfair competition on behalf of large corporations. |
Civil Procedure |
|
Oct. 13, 2002 | |
00-56401
|
Hofler v. Aetna U.S. Healthcare of California Inc.
Widow suing HMO for husband's care properly received attorney fees for having case remanded to state court. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-6249
|
National Union Fire Insurance Co. v. LSB Industries Inc.
Statute of limitations did not begin to run until a final premium is calculated based on express terms of agreement. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-15349
|
Northwest Airlines Inc. v. Camacho
Malicious prosecution and abuse of process claims are claims for injuries to person and barred by statute of limitations for personal injury claims. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-1357
|
Montoya v. Chao
Defendant failed to provide acceptable excuse for missing 30-day deadline to file discrimination suit. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-1122
|
Hartsel Springs Ranch of Colorado Inc. v. Bluegreen Corp.
Action is not barred when corporation's successor-in-interest was not adequately represented in prior litigation. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-6257
|
Plain v. Murphy Family Farms
Appellants are not entitled to new trial because they failed to timely appeal pretrial order denying them right to intervene. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-56303
|
Akopyan v. Barnhart
Order issued under fourth sentence of 42 U.S.C. Section 405(g) terminates previous remand order and is final judgment for purposes of attorney fees. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-15565
|
Mukhtar v. California State University Hayward
Defendant is entitled to new trial because court erroneously admitted testimony of expert witness without proper reliability determination. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-56151
|
In re Canter ( Canter v. Canter)
Pursuant to writ of mandamus, court of appeals may review district court's otherwise interlocutory and unreviewable order withdrawing reference to bankruptcy court. |
Civil Procedure |
|
Oct. 10, 2002 | |
E029528
|
People v. Cosgrove
Trial court's grant of directed verdict in case of mentally disordered offender constituted harmless error. |
Civil Procedure |
|
Oct. 8, 2002 | |
S090337
|
Mycogen Corp. v. Monsanto Co.
Second lawsuit for breach of licensing agreement is barred by doctrine of res judicata. |
Civil Procedure |
|
Oct. 8, 2002 | |
01-16172
|
Central Delta Water Agency v. United States
Credible threat of harm to plaintiffs' crops is sufficient to constitute actual injury for standing purposes. |
Civil Procedure |
|
Oct. 8, 2002 | |
01-55359
|
Azer v. Connell
Medical laboratory is entitled to tolling of deadline to file civil rights lawsuit against agency that oversees Medi-Cal program. |
Civil Procedure |
|
Oct. 8, 2002 | |
A094859
|
Oakland-Alameda County Coliseum Authority v. CC Partners
Broad arbitration clause requires arbitration of disputes 'arising out of or relating to' agreement and carve-out provision does not apply. |
Civil Procedure |
|
Oct. 7, 2002 | |
A096018
|
Mount Diablo Medical Center v. Health Net of California Inc.
Language of choice-of-law clause is broad enough to include California law on subject of arbitrability. |
Civil Procedure |
|
Oct. 7, 2002 | |
S095000
|
Navellier v. Sletten
Action based on defendant's counterclaims filed in prior and unrelated suit is one 'arising from' activity protected by anti-SLAPP statute. |
Civil Procedure |
|
Oct. 7, 2002 | |
S099999
|
City of Cotati v. Cashman
City's state court action is not subject to special motion to strike where suit is based on constitutionality of city ordinance. |
Civil Procedure |
|
Oct. 7, 2002 | |
S094877
|
Equilon Enterprises v. Consumer Cause Inc.
Defendant who moves under anti-SLAPP statute to strike cause of action, does not have to prove plaintiff's subjective intent. |
Civil Procedure |
|
Oct. 7, 2002 | |
B145607
|
Roulier v. Cannondale
Although Switzerland is suitable forum for plaintiff's product liability suit, public and private factors favor trial in California. |
Civil Procedure |
|
Oct. 7, 2002 | |
A092880
|
Mitchell v. American Fair Credit Assn. Inc.
Credit services organization may not unilaterally change contract terms to require arbitration of disputes. |
Civil Procedure |
|
Oct. 2, 2002 | |
A095457
|
Gee v. American Realty & Construction Inc.
Trial court had jurisdiction to deny judgment creditor's motion to file abstract of judgment. |
Civil Procedure |
|
Oct. 2, 2002 | |
S091308
|
Filarsky v. Superior Court (City of Manhattan Beach)
City may not seek declaratory relief regarding its obligation to disclose documents to members of public. |
Civil Procedure |
|
Oct. 2, 2002 | |
C038339
|
Jordan v. California Department of Motor Vehicles
Arbitrator lacked authority to award $88 million in attorney fees to plaintiffs who had smog impact fee declared unconstitutional. |
Civil Procedure |
|
Oct. 2, 2002 | |
B152404
|
Groves v. Peterson
Denial to set aside default judgment does not trigger collateral estoppel to bar independent action in equity. |
Civil Procedure |
|
Oct. 2, 2002 | |
A095476
|
Walker v. San Francisco Housing Authority
Without filing objection, party is deemed to have stipulated to commissioner's jurisdiction to hear all matters 'arising under or related to' discovery. |
Civil Procedure |
|
Oct. 2, 2002 | |
G027509
|
Hammond v. Agran
Party is awarded attorney fees for litigating issue of 'scope' of statute. |
Civil Procedure |
|
Oct. 2, 2002 | |
A093438
|
Greene v. Dillingham Construction
Plaintiff's award of attorney fees and costs was reasonably adjusted to reflect unsuccessful claims. |
Civil Procedure |
|
Oct. 2, 2002 | |
F037844
|
People v. Benavides
State may not appeal order restricting defendant's contact with former jurors. |
Civil Procedure |
|
Oct. 1, 2002 |