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Church of Christ in Hollywood v. Superior Court (Cage-Barile)
Restraining order issued to enjoin former church member from disrupting services would not violate free speech right.
Civil Procedure Aug. 20, 2002
Bainbridge Inc. v. Douglas County Board of Commissioners
Trial court may not award costs related to judgment that was vacated on appeal.
Civil Procedure Aug. 20, 2002
Eichhorn v. Kelley
Attorney fees may not be recovered in a proceeding for punitive contempt.
Civil Procedure Aug. 20, 2002
Delaney v. Dahl
Amendment to arbitration award prior to judicial confirmation was timely and proper.
Civil Procedure Aug. 20, 2002
Bridgestone Corp. v. Superior Court (T & T Truck & Crane Service Inc.)
Jurisdiction is proper in products liability action against foreign tire manufacturer who sold tires to Bridgestone Corporation.
Civil Procedure Aug. 20, 2002
Heidary v. Yadollahi
Default judgment is improperly based on failure to appear when defendants were not given notice.
Civil Procedure Aug. 20, 2002
Gentry v. eBay Inc.
Purchasers of forged collectibles cannot bring action against eBay because eBay isn't seller but rather venue for sale.
Civil Procedure Aug. 20, 2002
Antonio Garcia, a Minor v. Rehrig International Inc.
Because trial court erroneously denied defendant's earlier motion for nonsuit, any irregularity in closing argument was harmless.
Civil Procedure Aug. 20, 2002
State Farm General Insurance Co. v. Majorino
Insurance company's declaratory relief lawsuit to resolve coverage issues is not SLAPP suit.
Civil Procedure Aug. 20, 2002
Lay v. Hass
Motion for nominal damages and attorney fees accompanied by memorandum provided sufficient notice to adverse party.
Civil Procedure Aug. 19, 2002
In re Albrecht
Released prisoner cannot be committed as sexually violent predator unless recent overt act has been committed.
Civil Procedure Aug. 16, 2002
In re Surface Water of Yakima Drainage Basin
Plaintiff is barred from seeking water rights because claim did not appear in 1921 water decree.
Civil Procedure Aug. 9, 2002
U.S. v. City of Las Cruces
Court did not abuse its discretion when refusing to exercise jurisdiction over federal action involving water rights.
Civil Procedure Aug. 8, 2002
Phillips v. General Motors Corp.
'Good cause analysis' is required to determine validity of protective order.
Civil Procedure Aug. 8, 2002
Hollander v. Sandoz Pharmaceuticals Corp.
Deficiencies in case reports relied upon by expert witnesses fail to satisfy "Daubert" analysis.
Civil Procedure Aug. 8, 2002
Lim v. The.TV Corp. International
Plaintiff who won auction to register domain name adequately pleaded case for breach of contract.
Civil Procedure Aug. 8, 2002
Blind-Doan v. Sanders
Plaintiff is entitled to new trial on allegation that prison guard sexually assaulted her.
Civil Procedure Aug. 8, 2002
Lewis v. John Crane Inc.
In asbestos liability case, defendant's credit from plaintiffs' pre-verdict settlements is reduced for economic damages.
Civil Procedure Aug. 8, 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 Aug. 8, 2002
Jacobs v. CBS Broadcasting Inc.
Arbitration proceeding was too informal to have preclusive effect.
Civil Procedure Aug. 8, 2002
Okanogan School District #105 v. Superintendent of Public Instruction for the State of Washington
School districts lack standing to challenge how state spends federal forest funds for schools, roads in forest land counties.
Civil Procedure Aug. 8, 2002
Cox v. Superior Court (Shields)
In medical malpractice case, defendant may not introduce evidence of tax treatment of disability insurance benefits.
Civil Procedure Aug. 7, 2002
American Buildings Co. v. Bay Commercial Construction Inc.
Preliminary notice to collect surety bond is sufficient to collect full amount of payment owed.
Civil Procedure Aug. 7, 2002
Grinham v. Fielder
In subsequent action, third party may assert doctrine of collateral estoppel against party to contract and arbitration.
Civil Procedure Aug. 7, 2002
Robinson v. Chin & Hensolt
Personal injury claims based on construction defects in cable car turnarounds are time-barred by four-year statute of limitations.
Civil Procedure Aug. 7, 2002
Apple Valley Unified School District v. Vavrinek, Trine, Day & Co.
School district's suit against accounting firm for accounting malpractice is barred by two-year statute of limitations.
Civil Procedure Aug. 7, 2002
Brotman v. East Lake Creek Ranch
Owner of land adjacent to school land managed by State Board of Land Commissioners doesn't have standing to enjoin board transaction.
Civil Procedure Aug. 7, 2002
Risam v. County of Los Angeles
Appellant's failure to challenge commission's finding that she didn't present sufficient evidence of FEHA violations by employer bars her subsequent retaliatory demotion lawsuit.
Civil Procedure Aug. 7, 2002
Cairns v. Franklin Mint Co.
Princess Diana's Memorial Fund's post-mortem right of publicity claim fails because Great Britain's law governs and does not recognize such right.
Civil Procedure Aug. 7, 2002
Wilkerson v. Sullivan
Defendant entitled to attorney fees as a 'prevailing party' even though Plaintiffs voluntarily dismissed their appeal.
Civil Procedure Aug. 7, 2002