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Name Category Published
Guardian North Bay Inc. v. Superior Court (Myers)
Civil suit based on health care provider's commission of criminal elder abuse was timely filed within one year of conviction. 		Civil Procedure Feb. 6, 2002
Morris v. Blank
Court errs in granting summary judgment on ground that settlement and dismissal of municipal court action barred plaintiff's superior court action. 		Civil Procedure Feb. 1, 2002
Cassara v. DAC Services Inc.
Summary judgment premature because triable issue exists regarding accuracy of consumer reporting agency. 		Civil Procedure Jan. 31, 2002
Bonneville Distributing Inc. v. Triangle Oil
District court's conclusion that Plaintiff lacked standing to bring state law claims because IRS divested interest in joint venture was improper. 		Civil Procedure Jan. 30, 2002
Marriage of Barrett-Smith
Services of judge pro tem were improperly paid for by parties to lawsuit. 		Civil Procedure Jan. 30, 2002
People v. SpeeDee Oil Change Systems Inc.
Franchisees' claims are barred by statute of limitations under Franchise Investment Law. 		Civil Procedure Jan. 29, 2002
Cornforth v. Larsen
Ten-year statute of repose does not apply to survey that did not contain notice of such limitation. 		Civil Procedure Jan. 29, 2002
California State Legislative Board v. Mineta
Federal Railroad Adminstration correctly held that railroad didn't violate accident reporting regulations because case didn't involve reportable accident. 		Civil Procedure Jan. 23, 2002
Mara M. v. Arizona Dept. of Economic Security
Motion to terminate parental rights that was served on attorney rather than client was sufficient. 		Civil Procedure Jan. 23, 2002
Joseph A. v. Ingram
District court must abstain from hearing some claims of children who were allegedly denied adoption services. 		Civil Procedure Jan. 15, 2002
Paton v. New Mexico Highlands University
Trial court improperly decertified class of female student athletes alleging discrimination against university. 		Civil Procedure Jan. 15, 2002
Shaw v. City of Des Moines
Dismissal based on clerical oversight must be vacated. 		Civil Procedure Jan. 15, 2002
Bonifield v. County of Nevada
Plaintiff's wrongful death lawsuit is untimely despite provision in state law for longer tolling period. 		Civil Procedure Jan. 11, 2002
English v. IKON Business Solutions Inc.
Summary judgments are not default judgments or dismissals within the meaning of Code of Civil Procedure Section 473(b). 		Civil Procedure Jan. 11, 2002
Duncan v. Spivak
Medical malpractice claim filed outside one-year deadline may be timely even if plaintiff suspected negligence during limitations period. 		Civil Procedure Jan. 11, 2002
In re Detention of Davis
State improperly committed defendant as sexually violent predator without evidence of recent overt act. 		Civil Procedure Jan. 10, 2002
In re Jessica G.
Appointment of guardian ad litem for mother who eventually lost parental rights violated due process. 		Civil Procedure Jan. 9, 2002
U.S. v. Wagoner County Real Estate
Federal forfeiture law pre-empts state homestead law, but court must determine whether forfeiture would be excessive fine in violation of Eighth Amendment. 		Civil Procedure Jan. 9, 2002
Duane v. U.S. Department of Defense
Party was on notice of allegation against him and U.S. Department of Defense did not violate its procedural regulations. 		Civil Procedure Jan. 9, 2002
People v. Garner
Court of appeals lacks jurisdiction over ruling of magistrate where ruling was not appealed to district court. 		Civil Procedure Jan. 8, 2002
Ventura Unified School District v. Superior Court (Lopez)
Action against public entity must be tried in county where accident occurred and where public entity is located. 		Civil Procedure Jan. 7, 2002
Price v. Dames & Moore
Court is required to grant plaintiff leave to file amended complaint and proper certificate if there is reasonable possibility of curing defect. 		Civil Procedure Jan. 7, 2002
Baramas v. Superior Court (Galasso)
Trial court has authority to order partial retrial to determine issue of malice and punitive damages. 		Civil Procedure Jan. 7, 2002
Consumer Cause Inc. v. Weider Nutrition Int'l Inc.
Insufficient pleading exists where consumer products inducing testosterone production do not qualify as 'exposure' to cancer causing agents under act. 		Civil Procedure Jan. 7, 2002
Nash v. MacDonald
Manifestation of real property defect qualifies as latent defect if cause could not have been discovered by laypersons. 		Civil Procedure Jan. 7, 2002
Stull v. Sparrow
When party doesn't present evidence on issue at trial, issue hasn't been proven so as to merit order granting costs and fees. 		Civil Procedure Jan. 7, 2002
Debro v. Los Angeles Raiders
Plaintiff missed three-year deadline to sue professional football team for improperly taking public money to relocate. 		Civil Procedure Jan. 7, 2002
Concerning the Application for Water Rights of the Consolidated Mutual Water Co. v. Consolidated Mutual Water Co.
Water Court's consumptive use allocations to company and city are final and nonreviewable. 		Civil Procedure Jan. 7, 2002
Baker v. Hazelwood (Exxon Valdez)
Five billion dollar punitive damage award stemming from Exxon Valdez oil spill is too high. 		Civil Procedure Jan. 7, 2002
Failes v. Lichten
Plaintiffs are entitled to attorney fees based on clause in real estate purchase agreement. 		Civil Procedure Jan. 3, 2002
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