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Hernandez v. State of Arizona
Evidence in notice of claim can be used to impeach party's credibility.
Civil Procedure Sep. 23, 2002
Porter v. Triad of Arizona
Statute of limitations for minor's claim for wrongful death of parent is tolled during minority.
Civil Procedure Sep. 23, 2002
San Diego Watercrafts Inc. v. Wells Fargo Bank, N.A.
In granting summary judgment in favor of defendant, court erred in considering evidence first submitted in defendant's reply papers.
Civil Procedure Sep. 22, 2002
Massachusetts Mutual Life Insurance Co. v. Superior Court (Karges)
Individual proof of each class member's reliance on nondisclosure is not required to establish liability under consumer protection laws.
Civil Procedure Sep. 17, 2002
Muao v. Grosvenor Properties
In wrongful termination action, appeal of order compelling arbitration was premature.
Civil Procedure Sep. 17, 2002
Utahns for Better Transportation v. US Dept. of Transportation
Trade association has standing to sue on behalf of members who would have standing to bring same suit.
Civil Procedure Sep. 17, 2002
Rancho Solano Master Association v. Amos & Andrews Inc.
Construction company found liable for landslides waived right to appeal when it satisfied judgment in favor of plaintiffs.
Civil Procedure Sep. 17, 2002
Kanter v. Warner-Lambert Co.
State claim against manufacturer of head lice medicine is pre-empted by federal drug law.
Civil Procedure Sep. 17, 2002
Kukje Hwajae Insurance Co. v. The 'M/V Hyundai Liberty'
Cargo owner's insurer is bound by forum-selection clause in shipper's bill of lading, which was accepted by cargo owner's agent.
Civil Procedure Sep. 17, 2002
Wayne v. DHL Worldwide Express
Federal district court lacked jurisdiction to hear case that alleged air shipment company violated state law.
Civil Procedure Sep. 17, 2002
Integral Development Corp. v. Wissenbach
German citizen had sufficient contacts with California to support assertion of personal jurisdiction over him.
Civil Procedure Sep. 16, 2002
Circuit City Stores Inc. v. Najd
State employment discrimination claim is subject to mandatory arbitration.
Civil Procedure Sep. 16, 2002
Hallmark Industries v. First Systech International, Inc.
Intertwining doctrine does not apply to contract dispute.
Civil Procedure Sep. 16, 2002
Logixx Automation Inc. v. Lawrence Michels Family Trust
Evidence supported jury verdict for breach of covenant not to compete.
Civil Procedure Sep. 16, 2002
Malted Mousse Inc. v. Steinmetz
Arbitrator erred in denying award of attorney fees based on small claims statute.
Civil Procedure Sep. 15, 2002
Lewis County v. Western Washington Growth Management Hearings Board
Trial court lacks jurisdiction to review final order of hearing board when appellant failed to timely pay filing fee.
Civil Procedure Sep. 15, 2002
Cundiff v. Bell Atlantic Corp.
Public Utilities Commission doesn't have exclusive jurisdiction over suit concerning telephone company's rental charges for telephone equipment.
Civil Procedure Sep. 12, 2002
W.O. Brisben Companies Inc. v. Krystkowiak
Complaint is properly dismissed where it failed to state claim upon which relief could be granted.
Civil Procedure Sep. 9, 2002
King v. United States
Government's cross claim was essentially contract claim for liability and subject to federal six-year statute of limitations.
Civil Procedure Sep. 9, 2002
In re Alliance Construction Solutions, Inc.
Upon satisfaction of four-part test, attorney-client privilege protects documents and communications between governmental entity and its independent contractor.
Civil Procedure Sep. 9, 2002
Mendoza v. Zirkle Fruit Co.
Legally documented agricultural workers have standing to sue their employers, whom they allege depressed their salaries by hiring undocumented workers at below market wages.
Civil Procedure Sep. 8, 2002
Wininger v. SI Management LP
Court had authority to award attorney fees for work done outside confines of litigation before court.
Civil Procedure Sep. 2, 2002
Equilon Enterprises LLC v. Consumer Cause Inc.
Oil companies may not sue consumer group to prevent enforcement of clean water law.
Civil Procedure Aug. 29, 2002
City of Cotati v. Cashman
City that filed lawsuit to vindicate rent-control ordinance did not hinder property owners' free speech rights.
Civil Procedure Aug. 28, 2002
Mayer v. C.W. Driver
Because present action is not 'successor and replacement' of previous action, assignees lack standing under previous assignment.
Civil Procedure Aug. 27, 2002
Laraway v. Pasadena Unified School District
Parties who failed to file timely appeal of final order cannot later appeal judgment with same decision.
Civil Procedure Aug. 27, 2002
Keitel v. Heubel
Bankruptcy filing does not preclude court from imposing sanctions on debtors for frivolous appeal.
Civil Procedure Aug. 27, 2002
Canatella v. State of California
Federal district court may exercise jurisdiction over attorney's lawsuit challenging State Bar statutes and rule of professional conduct.
Civil Procedure Aug. 25, 2002
Sanders v. Kinko's Inc.
State court is authorized to resolve class certification issues before enforcing agreement under Federal Arbitration Act.
Civil Procedure Aug. 20, 2002
Hecker v. Nathanson
Bankruptcy court order issued before confirmation and dismissal of bankruptcy action was properly relied upon for res judicata purpose.
Civil Procedure Aug. 20, 2002