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Case v. City Thrift & Loan Assn.
Court may reconsider its own interim orders irrespective of Code of Civil Procedure Section 1008.
Civil Procedure Oct. 1, 2002
Bravo v. Ismaj
Plaintiff was entitled to hearing before being declared vexatious litigant.
Civil Procedure Oct. 1, 2002
Virtualmagic Asia Inc. v. Fil-Cartoons Inc.
Despite lack of sufficient contacts, specific jurisdiction over foreign corporation is proper where claim involves California-based activities.
Civil Procedure Oct. 1, 2002
Pagarigan v. Libby Care Center Inc.
Arbitration agreement signed by children regarding death of nursing home resident is not binding.
Civil Procedure Oct. 1, 2002
Rusheen v. Drews
Defendant's plea of nolo contendere to offense 'punishable' as felony is admissible as party admission in civil action.
Civil Procedure Oct. 1, 2002
People v. Carmony
Earlier finding that defendant is not mentally disordered sex offender does not bar subsequent confinement.
Civil Procedure Oct. 1, 2002
Fatica v. Superior Court (Liljegren)
Trial court's order, prohibiting treating physician from testifying as to his opinions, was wrong as matter of law.
Civil Procedure Oct. 1, 2002
Zamora v. Clayborn Contracting Group Inc.
Discretionary relief is available where typographical error miscommunicated settlement offer to opposing party.
Civil Procedure Oct. 1, 2002
O'Toole v. Northrop Grumman Corp.
Employee alleging company failed to pay promised relocation expenses may proceed with breach of contract lawsuit.
Civil Procedure Sep. 29, 2002
Allen v. American Family Mutual Insurance Co.
Motion for directed verdict must state the specific element of a plaintiff's claim that is insufficiently supported.
Civil Procedure Sep. 29, 2002
Hytken v. Wake
Trial court did not abuse its discretion by dismissing case where nonresident plaintiff failed to file cost bond.
Civil Procedure Sep. 29, 2002
Henry v. Healthpartners of Southern Arizona
Plaintiff is entitled to retrial because court improperly read allegations in complaint to jury.
Civil Procedure Sep. 29, 2002
Andersen v. United States
Denial of plaintiffs' motion for preliminary injunction seeking various relief and tied to ongoing grand jury investigation is not final, appealable order.
Civil Procedure Sep. 26, 2002
Stewart v. U.S. Bancorp
Plaintiffs are barred from litigating ERISA claims that could have been raised in previous action against employer.
Civil Procedure Sep. 26, 2002
Huth v. Hartford Insurance Co. of the Midwest
Court did not abuse discretion by remanding state law insurance benefits case to state court.
Civil Procedure Sep. 26, 2002
Prescott v. County of El Dorado
Plaintiffs lack standing to challenge indemnification provision in collective bargaining agreement because there is no causal relationship between agreement and plaintiffs' injuries.
Civil Procedure Sep. 26, 2002
United Computer Systems, Inc. v. AT&T
Motion to compel arbitration pursuant to contract's arbitration clause will not be barred by doctrine of res judicata.
Civil Procedure Sep. 26, 2002
U.S. v. Carpenter
Environmental organizations' motion to intervene in environmental suit was timely.
Civil Procedure Sep. 25, 2002
Wright v. B&L Properties
Plaintiffs who made reasonably diligent efforts to serve defendant personally satisfied substitute service statute by mailing summons and complaint.
Civil Procedure Sep. 25, 2002
Coachella Valley Mosquito and Vector Control District v. City of Indio
Cross-complaints based on action dismissed for lack of jurisdiction must also be dismissed.
Civil Procedure Sep. 24, 2002
Kahn v. Chetcuti
Arbitrator had authority to determine whether prevailing party's act of filing complaint before mediation barred award of attorney fees.
Civil Procedure Sep. 24, 2002
Bay World Trading Ltd. v. Nebraska Beef Inc.
Trial court had authority to amend its statement of decision to award prejudgment interest.
Civil Procedure Sep. 24, 2002
Pfeiffer Venice Properties v. Bernard
Defendants are entitled to ruling on merits of SLAPP motion and attorney fees despite case being previously dismissed.
Civil Procedure Sep. 24, 2002
Smith v. Behr Process Corp.
Trial court properly certified class in lawsuit against corporation that manufactures products for wood treatment.
Civil Procedure Sep. 24, 2002
Macey v. Allstate Property and Casualty Insurance Co.
Nondiverse citizenship of insurance company's agents requires complaint be heard in state court.
Civil Procedure Sep. 24, 2002
Rashedi v. General Board of Church of the Nazarene
Court has subject matter jurisdiction to hear action in tort against church.
Civil Procedure Sep. 24, 2002
Karr v. Williams
Respondent is enjoined from proceeding on any claim without representation of attorney.
Civil Procedure Sep. 23, 2002
City of Longmont v. Henry-Hobbs
Governmental immunity doesn't bar suit against city in wrongful death action where boy drowned in city-built irrigation ditch.
Civil Procedure Sep. 23, 2002
Healthone v. Rodriguez
Because plaintiff wasn't appealing judgment from which he had accepted benefit, his right to this benefit was uncontroverted and he wasn't precluded from appealing.
Civil Procedure Sep. 23, 2002
UIH-SFCC Holdings v. Brigato
Doctrine of 'forum non conveniens' did not support dismissal of Colorado case where plaintiffs were residents of Colorado.
Civil Procedure Sep. 23, 2002