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Name Category Published
Gotschall v. Daley
Lawsuit of plaintiff who failed to present expert witness regarding cause of injury was properly dismissed. 		Civil Procedure Feb. 27, 2002
In re W.G.
Jury instruction referring to earlier physical harm committed by defendant was improper. 		Civil Procedure Feb. 26, 2002
Sovak v. Chugai Pharmaceutical Co.
General choice-of-law clause supplies state substantive, decisional law, but not state law rules for arbitration. 		Civil Procedure Feb. 25, 2002
Speiser, Krause & Madole v. Ortiz
Court did not abuse discretion by entering default judgment against attorney who failed to answer complaint. 		Civil Procedure Feb. 22, 2002
Nam Tai Electronics Inc. v. Titzer
No personal jurisdiction found for Colorado author who allegedly posted defamatory material onto Internet message board based in California. 		Civil Procedure Feb. 21, 2002
Vahle v. Barwick
Whether parties to release agreement intended to release attorney from liabilty for malpractice is a triable issue of fact. 		Civil Procedure Feb. 21, 2002
Morris v. Harper
Mandamus may be used to compel treatment centers to obtain licenses because compliance duty is 'ministerial' rather than 'discretionary.' 		Civil Procedure Feb. 21, 2002
Brown v. Kennard
Litigation privilege outlined in Civil Code bars plaintiff's abuse of process action. 		Civil Procedure Feb. 21, 2002
Deltakeeper v. Oakdale Irrigation District
Named parties have interest in California Environmental Quality Act litigation sufficient to protect interests of parties not joined. 		Civil Procedure Feb. 21, 2002
Shelton v. Rancho Mortgage & Investment Corp.
Although postjudgment order denying motion for sanctions is appealable, court didn't err in denying motion. 		Civil Procedure Feb. 21, 2002
Maldonado v. Superior Court (ICG Telecom Group Inc.)
Trial court should have granted parties' motion to compel further responses to discovery request when company's previous responses were inadequate. 		Civil Procedure Feb. 21, 2002
Kirkland v. Superior Court (Guess? Inc.)
Testimony and documents given as part of investigation before SEC are not confidential, and thus discoverable in civil litigation. 		Civil Procedure Feb. 21, 2002
Fireman's Fund Insurance Co.
City ordinance regulating cleanup of hazardous waste is not pre-empted by state or federal law. 		Civil Procedure Feb. 21, 2002
Duncan v. National Home Insurance Co.
Trial court may not add prejudgment interest to arbitration award where interest not sought during arbitration. 		Civil Procedure Feb. 20, 2002
People v. Madeyski
Defendant is not entitled to court-appointed counsel in Penal Code Section 502.01 forfeiture proceedings that are considered civil in nature. 		Civil Procedure Feb. 20, 2002
Jackson v. Pacific Gas & Electric Co.
Recreational use immunity statute bars negligence suit for injuries resulting from kite retrieval from power line. 		Civil Procedure Feb. 20, 2002
Lohnes v. Astron Computer Products Inc.
Court should have permitted intervenor to cure complaint after underlying action had already been dismissed. 		Civil Procedure Feb. 20, 2002
Bradley v. Harris Research Inc.
California statute regarding franchise agreements is preempted by Federal Arbitration Act. 		Civil Procedure Feb. 20, 2002
Wyatt v. Hubbard
Dismissal of equal protection claim is improper because defense has burden to show affirmative defense of prison inmate's failure to exhaust appeals. 		Civil Procedure Feb. 19, 2002
Marriage of Mitchell
Action to enforce attorney's lien is barred by statute of limitations. 		Civil Procedure Feb. 19, 2002
Inlandboatmens Union of the Pacific v. Dutra Group
Plaintiff complaining of breach of settlement agreement was required to arbitrate dispute before filing lawsuit. 		Civil Procedure Feb. 19, 2002
Estate of Dela Cruz
There is no jurisdiction on appeal when judgment of CNMI Supreme Court rests on adequate and independent local law ground. 		Civil Procedure Feb. 19, 2002
Razi v. Schmitt
Proper measure of damages for burned building is diminution in market value, not reconstruction costs. 		Civil Procedure Feb. 19, 2002
Securities Investor Protection Corp. v. First Entertainment Holding Corp.
Contempt citation appropriate where corporation fails to turn over undisputed securities in satisfaction of judgment. 		Civil Procedure Feb. 19, 2002
Preston v. Dupont
Physical impairment or disfigurement aren't subject to $250,000 cap on noneconomic damages contained in Colorado Health Care Availability Act. 		Civil Procedure Feb. 19, 2002
Utility Cost Management v. Indian Wells Valley Water District
Government agency must seek refund of overcharges by public utility within 120 days that fees became effective. 		Civil Procedure Feb. 14, 2002
Volkswagen of America Inc., v. Superior Court of San Francisco
General Order developed for complex asbestos litigation cases is not pre-empted by California Rules of Court 		Civil Procedure Feb. 14, 2002
Ellard v. Conway
Substitute service of summons and complaint at private post office box is proper. 		Civil Procedure Feb. 13, 2002
Chavez v. Mendoza
Plaintiffs' malicious prosecution cause of action is subject to anti-SLAPP statute. 		Civil Procedure Feb. 8, 2002
Ryan v. California Interscholastic Federation Inc.
Defendant's appeal is dismissed where it complied with court's mandamus order and issue was moot. 		Civil Procedure Feb. 8, 2002
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