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Name Category Published
Zakarian v. Bekov
Medical malpractice dispute sent to arbitration may require joinder of third party who did not sign arbitration agreement. 		Civil Procedure Aug. 6, 2002
Kollander Construction Inc. v. Superior Court (Alvarez)
When party is not given opportunity to rebut opposition's 75-page response, motion for reconsideration is proper. 		Civil Procedure Aug. 6, 2002
Stewart v. Rice
Trial court may not consider defense juror affidavits that do not address prejudicial information improperly brought to jury's attention or improper outside influence. 		Civil Procedure Aug. 6, 2002
People v. Garcia
Appellate court signals future increase of memorandum opinions for unpublished cases. 		Civil Procedure Aug. 6, 2002
In re J.A,U., a child
Challenge to paternity judgment on basis of mistake of material fact must be brought within six-month time limit. 		Civil Procedure Aug. 6, 2002
McGonnell v. Kaiser Gypsum Co. Inc.
Plaintiffs claiming wrongful death fail to establish exposure to asbestos produced by defendants. 		Civil Procedure Aug. 6, 2002
Szetela v. Discover Bank
Credit card's arbitration agreement is unenforceable to extent that it prohibits class treatment of small individual claims. 		Civil Procedure Aug. 6, 2002
Burrtec Waste Industries Inc. v. City of Colton (Taormina Industries)
Waste disposal company has standing to challenge city's approval of competitor's conditional use permit which allows competitor to process solid waste. 		Civil Procedure Aug. 6, 2002
Keller Cattle Co. v. Allison
Doctrine of laches will not preclude claim when complaining party did not unreasonably delay assertion of claim. 		Civil Procedure Aug. 5, 2002
Grange Insurance Association v. Hoehne
Anticipatory declaratory judgment is not available in absence of justiciable controversy. 		Civil Procedure Aug. 5, 2002
ESI Ergonomic Solutions LLC v. United Artists Theatre Circuit Inc.
Movie theater chain may be subject to class action for sending unsolicited advertisements through facsimile machines. 		Civil Procedure Jul. 29, 2002
Robson Ranch Mountains v. Pinal County
Deadline to file referendum is not tolled while county election official makes challenged ordinance available. 		Civil Procedure Jul. 29, 2002
Kittel v. First Union Mortgage Corp.
Federal case is stayed pending resolution of state action. 		Civil Procedure Jul. 28, 2002
People v. Superior Court (Ghilotti)
Court must decide whether evaluators used correct standard in examining defendant committed as sexually violent predator. 		Civil Procedure Jul. 18, 2002
Holbrook Inc. v. Clark County
County was not required to notify non-resident landowner that property would be designated as forest resource land. 		Civil Procedure Jul. 16, 2002
Middleton v. Hartman
State employees do not enjoy sovereign immunity when they are sued in their individual capacities. 		Civil Procedure Jul. 12, 2002
Dougherty v. Department of Labor & Industries
Injured worker challenging decision by Board of Industrial Insurance Appeals should have filed appeal in county where injury occurred. 		Civil Procedure Jul. 12, 2002
In re Spink
Defendant cannot be committed as sexually violent predator unless jury finds he lacks control. 		Civil Procedure Jul. 12, 2002
Salomon Smith Barney v. Schroeder
Default judgment inappropriate where secondary defendant's liability dependent on liability of primary defendant. 		Civil Procedure Jul. 12, 2002
Marriage of Talbott
Fifteen-day period for review of order of magistrate begins to run on date of mailing of order. 		Civil Procedure Jul. 12, 2002
Farmers Insurance Exchange v. Taylor
Arbitration award exceeding policy limits upheld where insurer failed to introduce evidence of limits. 		Civil Procedure Jul. 12, 2002
United States v. City of Los Angeles
Court erred in denying Police League intervention as matter of right because it had protectable interest in merits of action. 		Civil Procedure Jul. 12, 2002
Zamora v. Clayborn Contracting Group, Inc.
Court does not abuse discretion in applying Code of Civil Procedure Section 473 to vacate judgment entered pursuant to offer to compromise. 		Civil Procedure Jul. 11, 2002
Oregon Bureau of Labor and Industries v. U.S. West Communications Inc.
Employment discrimination case should not have been removed from state labor board to district court. 		Civil Procedure Jul. 11, 2002
Buckner v. Tamarin
Deceased patient could not bind adult children to arbitrate claim for wrongful death. 		Civil Procedure Jul. 9, 2002
Fine v. Superior Court (Flores)
Commissioner had authority to issue contempt order against attorney, and order was supported by substantial evidence. 		Civil Procedure Jul. 9, 2002
Groth Bros. Oldsmobile Inc. v. Gallagher
If plaintiff voluntarily dismisses after learning of court's tentative adverse ruling, court has jurisdiction to vacate dismissal and sustain defendant's demurrer. 		Civil Procedure Jul. 8, 2002
Schoendorf v. U.D. Registry Inc.
Plaintiff makes sufficient showing that consumer reporting agency should have modified her report. 		Civil Procedure Jul. 8, 2002
Schroeder v. City Council of City of Irvine
Plaintiff fails to make prima facie showing that vote program is unlawful expenditure of city funds. 		Civil Procedure Jul. 8, 2002
National Technical Systems v. Superior Court (United Pacific Insurance Co.)
Evidence of prior judgment against general contractor was properly excluded in subsequent action against surety. 		Civil Procedure Jul. 8, 2002
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