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US v. $100,348.00 U.S. Currency
Civil forfeiture of $100,348 may be proper, but further discovery is required to determine if money is connected to illegal activities.
Civil Procedure Jan. 2, 2002
Kennedy v. Lubar
Order of remand after determination that district court lacked subject matter jurisdiction precludes appellate review.
Civil Procedure Dec. 28, 2001
Southwest Soil Remediation Inc. v. City of Tucson
Party that did not appeal refusal to issue building permit did not exhaust administrative remedies with agency of primary jurisdiction.
Civil Procedure Dec. 28, 2001
Baker v. Suthers
Order
Civil Procedure Dec. 19, 2001
Ritzenthaler v. Fireside Thrift Co.
Because Section 998 compromise agreement doesn't encompass plaintiffs' claim for attorney fees, court doesn't err in awarding fees to plaintiffs.
Civil Procedure Dec. 18, 2001
Mizel v. City of Santa Monica
Evidentiary ruling, denying undisclosed expert to testify, and additional instruction to jury after initial inconsistent verdicts do not warrant reversal.
Civil Procedure Dec. 18, 2001
ComputerXpress Inc. v. Jackson
Some of computer company's claims against potential business partner are barred as strategic lawsuit against public participation.
Civil Procedure Dec. 18, 2001
Orion Tire Corp. v. Goodyear Tire & Rubber Co.
Claims arising from international agreement were improperly dismissed without further inquiry as to whether RICO has extraterritorial application.
Civil Procedure Dec. 18, 2001
Jackson v. Homeowners Association Monte Vista Estates-East
Settlement agreement, providing that trial court will determine prevailing party in action and amount of attorney fee award, is valid and enforceable.
Civil Procedure Dec. 17, 2001
Schritter v. State Farm Mutual Automobile Insurance Co.
When successful plaintiff deposes own expert witness and presents that testimony in lieu of in-court testimony, expert's fees are not recoverable.
Civil Procedure Dec. 14, 2001
Dominion Video Satellite Inc. v. Echostar Satellite Corp.
Court did not abuse discretion in giving notice of hearing or in granting preliminary injunction.
Civil Procedure Dec. 13, 2001
Hyler v. Geo-Seis Helicopters Inc.
Summary judgment on wrongful death claim proper when plaintiff fails to show defendants owed duty to deceased.
Civil Procedure Dec. 13, 2001
Sheldon v. Vermonty
Arbitration panel's dismissal based solely on the pleadings was proper and not excessive use of arbitrator's authority.
Civil Procedure Dec. 13, 2001
Hamilton v. State Farm Fire & Casualty Co.
Judicial estoppel precludes claimant who knew of insurance claim yet failed to disclose it during bankruptcy proceeding.
Civil Procedure Dec. 13, 2001
Brundridge v. Fluor Hanford Inc.
Arbitration clause in collective bargaining agreement does not bar suit for wrongful termination in violation of public policy.
Civil Procedure Dec. 11, 2001
Opinion of Bill Lockyer
Whether tenant is unlawfully holding office of tenant representative on Housing Board doesn't warrant initiation of an action in quo warranto.
Civil Procedure Dec. 11, 2001
McClatchy Newspapers Inc. v. U.S. District Court (McClatchy Newspapers)
Letters regarding misconduct of coastal commission officer must be available for public inspection.
Civil Procedure Dec. 10, 2001
Amazon Inc. v. Dirt Camp Inc.
Courts must consider diversity jurisdiction over state law claims dismissed without prejudice.
Civil Procedure Dec. 10, 2001
Ard v. County of Contra Costa
In action against county, plaintiff is permitted to plead estoppel by amending complaint formerly granted demurrer.
Civil Procedure Dec. 10, 2001
Oakland Raiders v. National Football League
Court may sever judgment in defendants' favor, properly abstained from intra-associational dispute, and proof of demand futility was required in derivative action.
Civil Procedure Dec. 10, 2001
Anchor Marine Repair Co. v. Magnan
Without basis for transfer or extraordinary writ, Court of Appeal lacked jurisdiction to review decision of superior court's appellate division.
Civil Procedure Dec. 10, 2001
Unnamed Physician v. Board of Trustees of St. Agnes Medical Center
Physician's appeal, following limitation of privileges, is denied because medical peer review procedures were adequately amended.
Civil Procedure Dec. 10, 2001
Blake v. Ecker
Among other things, trial court, granting defendant's motion to compel arbitration has no jurisdiction to hear defendants motion to dismiss.
Civil Procedure Dec. 10, 2001
Columbia Basin Apartment Assn. v. City of Pasco
District court should have abstained from case while state proceedings were pending and case involved unique issues of state constitutional law.
Civil Procedure Dec. 6, 2001
People of the State of California v. Randtron
District court properly grants motion for declaratory judgment and injunction prohibiting defendant from asserting res judicata defense in state court.
Civil Procedure Dec. 6, 2001
United States v. Morros
District court improperly abstains from deciding whether Nevada State Engineer's denial of U.S. water permit applications is pre-empted by federal law.
Civil Procedure Dec. 6, 2001
Mares v. Baughman
Hospital is not entitled to assert lien on settlement proceeds arising from wrongful death lawsuit.
Civil Procedure Dec. 5, 2001
Hilao v. Estate of Ferdinand E. Marcos
Federal rules don't pre-empt California execution law for service requirements for notice of levying deposit accounts.
Civil Procedure Dec. 5, 2001
Stuart vs. Colorado Interstate Gas Co.
Wyoming resident performing work in Colorado is limited to workers' compensation remedy despite issuance of paychecks from Wyoming office.
Civil Procedure Dec. 4, 2001
Montclair Parkowners Assn. v. City of Montclair
Pendency of parallel state proceeding challenging city's rent control ordinance is insufficient basis for dismissal of federal action under 'Younger' abstention doctrine.
Civil Procedure Nov. 29, 2001