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Orr v. Bank of America
Evidence offered in opposition to summary judgment motion is inadmissible as hearsay and lack of proper authentication.
Civil Procedure Apr. 30, 2002
Community Dental Services v. Tani
Client whose attorney was grossly negligent deserves relief from default judgment.
Civil Procedure Apr. 30, 2002
Zambrano v. INS
Dismissed action may not be reviewed for jurisdiction to determine party's eligibility under Equal Access to Justice Act.
Civil Procedure Apr. 30, 2002
Harris v. Sandro
Arbitration award is not subject to judicial review and sanctions are imposed for filing frivolous appeal.
Civil Procedure Apr. 29, 2002
McBride Cotton and Cattle Corp. v. Veneman
Exhaustion statute, 7 U.S.C. Section 6912(e), is not jurisdictional because it is merely codification of exhaustion requirement.
Civil Procedure Apr. 29, 2002
Trabuco Highlands Community Assn. v. Head
Trial court inadequately addressed whether arbitration was binding.
Civil Procedure Apr. 29, 2002
James v. Price Stern Sloan Inc.
Appellate jurisdiction exists where plaintiff dismisses remaining claims without prejudice, with approval of district court, in order to make judgment appealable.
Civil Procedure Apr. 26, 2002
Fischer v. Vantive Corp. (In re Vantive Corp. Litigation)
Class action failed to assert particularized reasons why alleged statements are misleading under Private Securities Litigation Reform Act.
Civil Procedure Apr. 26, 2002
Transmission Agency of Northern California v. Sierra Pacific Power Co.
Ninth Circuit no longer had jurisdiction over federal claims and state claims were pre-empted by federal law.
Civil Procedure Apr. 22, 2002
Keefe v. Kirschenbaum
Colorado resident and New York law firm's continuing obligations are sufficient to satisfy requirements for exercise of specific jurisdiction by Colorado.
Civil Procedure Apr. 22, 2002
U.S. v. Buck
Claim of fraud upon court was improperly pleaded in quiet title action against United States.
Civil Procedure Apr. 17, 2002
California Dept. of Forestry and Fire Protection v. LeBrock
Health & Safety Code statutes do not create a contract establishing a right to attorney fees for prevailing party.
Civil Procedure Apr. 17, 2002
Richter v. Aetna Life Insurance & Annuity Co.
Under new court rule, notice of cross-appeal was timely filed.
Civil Procedure Apr. 16, 2002
Flood Control District of Maricopa County v. Gaines (Paloma Investment Limited Partnership)
Law barring actions against state not brought within one year of when cause of action accrues governs inverse condemnation action.
Civil Procedure Apr. 9, 2002
Kajima Engineering and Construction Inc. v. City of Los Angeles
Party fails to meet its threshold burden to show that alleged acts were subject to anti-SLAPP statute.
Civil Procedure Apr. 8, 2002
California Wholesale Material Supply Inc. v. Norm Wilson & Sons
Assignee of party's accounts receivable is liable for attorney fees pursuant to subcontract though assignee was not signatory to subcontract.
Civil Procedure Apr. 5, 2002
Lauren H., a Minor
Because jury rendered a 'compromise verdict,' trial court's decision to order complete new trial is proper.
Civil Procedure Apr. 5, 2002
Snapp & Associates Insurance Services, Inc. v. Robertson
Statute of limitations for misappropriation action is not tolled under fraudulent concealment theory.
Civil Procedure Apr. 5, 2002
Schmier v. Supreme Court of California
Plaintiff who sued to compel publication of all state appellate opinions is not entitled to attorney fees.
Civil Procedure Apr. 5, 2002
Amantea-Cabrera v. Potter
Employee was not entitled to have EEOC letter concluding employer was liable for discrimination admitted at trial.
Civil Procedure Apr. 5, 2002
Laurino v. Syringa General Hospital
Excusable neglect is found where party did not succeed in retaining new counsel until after default judgment rendered.
Civil Procedure Apr. 5, 2002
Schmier v. U.S. Court of Appeals for the Ninth Circuit
Attorney lacks standing to allege that Circuit Rules prohibiting citation to unpublished opinions violate his constitutional rights.
Civil Procedure Apr. 5, 2002
Perez-Arellano v. Smith
Denial of plaintiff's petition for attorney fees under the Equal Access to Justice Act is proper because plaintiff is not 'prevailing party.'
Civil Procedure Apr. 5, 2002
Circuit City Stores Inc. v. Adams
Dispute Resolution Agreement required as part of employment application is unconscionable and unenforceable against FEHA claims.
Civil Procedure Apr. 5, 2002
Bernhardt v. County of Los Angeles
Court improperly dismissed plaintiff's 42 U.S.C. Section 1988 action for lack of standing.
Civil Procedure Apr. 5, 2002
Bensara v. Mitchell, Silberberg & Knupp
Claim preclusion does not apply to arbitration panel's denial to disqualify counsel for alleged conflict of interest.
Civil Procedure Apr. 4, 2002
Pedus Building Services Inc. v. Allen
Specific jurisdiction exists because defendant 'purposefully avails' himself of privilege of conducting business in California.
Civil Procedure Apr. 3, 2002
Jazzabi v. Allstate Insurance Co.
Supplemental unanimity instruction given to confused jury resulted in cumulative error.
Civil Procedure Apr. 3, 2002
Assn. of Flight Attendants AFL-CIO v. Horizon Air Industries Inc.
Railway Labor Act claim within scope of collective bargaining agreement is subject to arbitration.
Civil Procedure Apr. 3, 2002
Laraway v. Sutro & Co.
Court did not abuse discretion by dismissing qui tam action under False Claims Act at request of intervenor.
Civil Procedure Apr. 2, 2002