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Wackeen v. Malis
Without specific request, court does not retain jurisdiction to enforce settlement agreement after case is dismissed.
Civil Procedure Jul. 8, 2002
People v. Mello
Defendant is entitled to new trial because trial court erred by instructing prospective jurors to lie under oath during voir dire.
Civil Procedure Jul. 8, 2002
Carwash of America-PO LLC v. Windswept Ventures No. 1
Prevailing party may not recover expert witness fees unless they are separately pleaded and proven.
Civil Procedure Jul. 8, 2002
Club Telluride Owners Association v. Mitchell
Summary judgment is improper where genuine issues of material fact were in dispute.
Civil Procedure Jul. 8, 2002
Gergel v. High View Homes
Interlocutory order requiring parties to arbitrate claims is not appealable.
Civil Procedure Jul. 8, 2002
Ochoa v. J.B. Martin and Sons Farms Inc.
Migrant farm workers can assert personal jurisdiction in state of their residence over a nonresident farm employer.
Civil Procedure Jul. 8, 2002
Johnson v. Special Education Hearing Office
Court was not required automatically to grant disabled child's request for injunction to maintain educational status quo.
Civil Procedure Jul. 8, 2002
People v. Willis
With assent of complaining party, trial court has discretion to impose remedies or sanctions short of dismissing entire jury venire.
Civil Procedure Jul. 3, 2002
Medix Ambulance Service Inc. v. Superior Court (Collado)
Trial court should have heard oral argument for demurrer before posting ruling on internet.
Civil Procedure Jul. 3, 2002
H.D. Arnaiz Ltd. v. City of San Joaquin
Motion to vacate voluntary dismissal of action was properly granted where party was under mistaken belief.
Civil Procedure Jul. 2, 2002
Paul v. Friedman
Investigative activity, not 'in connection with issue under consideration' in official proceeding, does not fall within protection of anti-SLAPP statute.
Civil Procedure Jul. 2, 2002
Kalaba v. Gray
In order for treating physician to be called as 'expert' witness, proponent must properly designate despite reservation.
Civil Procedure Jun. 26, 2002
San Diego Unified Port District v. Douglas E. Barnhart Inc.
Court abused its discretion by ordering defendants to pay for destructive testing as discovery they did not want to pursue.
Civil Procedure Jun. 26, 2002
Reese v. Allstate Insurance Co.
Non-parties to class action must intervene and file motion to vacate judgment to obtain appellate standing to oppose settlement of class.
Civil Procedure Jun. 25, 2002
People ex rel. Dept of Transportation v. Clauser Wells Partnership
Opinion testimony of valuation expert determined by following legal instructions of client was improperly excluded for lack of foundation.
Civil Procedure Jun. 20, 2002
People v. Badura
Extension of commitment as sexually violent predator was warranted despite three-day delay in finding of probable cause.
Civil Procedure Jun. 20, 2002
Gemini Aluminum Corp. v. California Custom Shapes Inc.
Award of attorney fees for bad faith in misappropriation claim is proper.
Civil Procedure Jun. 20, 2002
Sackett v. Santilli
Defendant in civil case may impliedly consent to waive right to jury trial.
Civil Procedure Jun. 20, 2002
JPMorgan Chase Bank v. Traffic Stream (BVI) Infrastructure Ltd.
Corporation organized under laws of British Virgin Islands is citizen or subject of foreign state for purposes of alienage diversity jurisdiction.
Civil Procedure Jun. 18, 2002
Devlin v. Scardelletti
Nonnamed class member who objected to settlement in fairness hearing, may appeal without first intervening.
Civil Procedure Jun. 18, 2002
Franconia Associates v. United States
Repudiation of contract claim involving federally funded home loans is not barred by limitations period.
Civil Procedure Jun. 18, 2002
King v. Snohomish County
County being sued for personal injuries waived defense that plaintiff failed to file claim with clerk of council.
Civil Procedure Jun. 16, 2002
Leaffer v. Zarlengo
Trial court erred in summarily denying party's motion to compel discovery.
Civil Procedure Jun. 12, 2002
City of Thornton v. City and County of Denver
Water court must determine whether to retain jurisdiction until absence of injury to water quality from augmentation plan can be established.
Civil Procedure Jun. 12, 2002
Burchett v. South Denver Windustrial Co.
Trial court abused its discretion by denying parties' motions to postpone deadline for disclosure of expert testimony.
Civil Procedure Jun. 12, 2002
Harmon v. State
One-year deadline to file claim under Industrial Insurance Act is not subject to equitable tolling.
Civil Procedure Jun. 12, 2002
Inquest Into Death of Boston
Superior court is not authorized to review coroner inquest presided over by district court judge.
Civil Procedure Jun. 12, 2002
State v. Golden
Superior court has jurisdiction to grant collateral relief from juvenile disposition.
Civil Procedure Jun. 11, 2002
Bartel v. Zucktriegel
For purposes of garnishment, trial court is authorized to determine amount of wages owed for personal services.
Civil Procedure Jun. 11, 2002
Gray v. Stewart
Personal injury action is barred where party revoked settlement offer after one day of agreeing to settlement terms.
Civil Procedure Jun. 7, 2002