Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-56814
|
Metabolife International Inc. v. Wornick
Among other things, district court erred in rejecting animal studies proffered by Metabolife merely because of species gap. |
Civil Procedure |
|
Nov. 29, 2001 | |
B143603
|
Paykar Construction Inc. v. Spilat Construction Corp.
Collateral estoppel nor res judicata will preclude suit against general contractor who failed to show he was party to novation previously litigated. |
Civil Procedure |
|
Nov. 29, 2001 | |
19743-3
|
Lund v. Benham
Publication of lawsuit summons in newspaper eight days after service deadline was untimely. |
Civil Procedure |
|
Nov. 28, 2001 | |
B146707
|
Mehrtash v. Mehrtash
Ex-spouse who is entitled to support may not halt conveyance of house whose value exceeded mortgages, liens. |
Civil Procedure |
|
Nov. 28, 2001 | |
B147818
|
Alcott Rehabilitation Hospital v. Superior Court (Smith)
Patient is entitled to extension of one-year deadline to sue nursing home for medical malpractice because she is insane. |
Civil Procedure |
|
Nov. 28, 2001 | |
E028151
|
McFadden v. Villa
Plaintiff who wins state claim but loses federal claim cannot recover attorney fees under 42 U.S.C. Section 1988. |
Civil Procedure |
|
Nov. 28, 2001 | |
B142321
|
Smith v. Pacificare Behavioral Health of California Inc.
Insurer's arbitration clause is unenforceable for failing to comply with disclosure requirements. |
Civil Procedure |
|
Nov. 28, 2001 | |
B151526
|
Edwards v. Superior Court (Kirianoff)
Ninety-day deadline to file medical malpractice suit does not require plaintiff to allege specific factual basis of claim. |
Civil Procedure |
|
Nov. 28, 2001 | |
A093687
|
Mid-Century Insurance Exchange v. Daimler-Chrysler Corp.
Good faith settlement between injured and joint tortfeasor bars equitable indemnity claim of insurer previously relieved of suit. |
Civil Procedure |
|
Nov. 28, 2001 | |
01-0008
|
Hernandez v. State of Arizona
Notice of claim against government entity is admissible evidence for impeachment purposes. |
Civil Procedure |
|
Nov. 27, 2001 | |
19774-3
|
Magnussen v. Tawney
Plaintiff who received jury damages that were slightly lower than settlement offer is still entitled to attorney fees. |
Civil Procedure |
|
Nov. 26, 2001 | |
48428-1
|
Marina Cove Condominium Owners v. Isabella Estates
Right to judicial hearing under Washington Condominium Act cannot be waived. |
Civil Procedure |
|
Nov. 21, 2001 | |
00-0521
|
McEvoy v. Aerotek Inc.
Plaintiff who received jury award for less than prior settlement amount is still entitled to costs. |
Civil Procedure |
|
Nov. 21, 2001 | |
00CA0737
|
Singh v. Mortensun
Entry of default set aside where defendant had meritorious defense and motion to set aside was timely filed. |
Civil Procedure |
|
Nov. 20, 2001 | |
46876-6
|
Sanders v. AT&T Wireless Services
Plaintiff who opted out of class action has no right to intervene or appeal settlement. |
Civil Procedure |
|
Nov. 19, 2001 | |
00-2136
|
Joseph A. v. Ingram
Appellants' claims against state agency under Social Security Act are barred by 11th Amendment and constitutional claims barred by 'Younger' abstention doctrine. |
Civil Procedure |
|
Nov. 19, 2001 | |
99-5239
|
Huffman v. Saul Holdings Limited Partnership
On remand, district court doesn't have discretion to award attorney fees when appeals court in previously denied plaintiffs request for fees. |
Civil Procedure |
|
Nov. 19, 2001 | |
99-16184
|
S.M. v. J.K.
Magistrate judge doesn't abuse discretion in making challenged evidentiary rulings. |
Civil Procedure |
|
Nov. 19, 2001 | |
99-15716
|
Patelo Credit Union v. Sahni
Federal rules aren't violated when no material facts are in dispute and successor judge grants summary judgment as matter of law. |
Civil Procedure |
|
Nov. 19, 2001 | |
99-16133
|
Jinro America Inc. v. Secure Investments Inc.
Jury verdict against foreign company is reversed because of ethnically biased expert testimony. |
Civil Procedure |
|
Nov. 19, 2001 | |
00-3404
|
Kinnell v. Graves
Prisoner who filed more than three actions dismissed as frivolous was properly barred from proceeding in forma pauperis. |
Civil Procedure |
|
Nov. 19, 2001 | |
99-56472
|
Hart v. Massanari
Ninth Circuit rule barring citation of unpublished dispositions is not unconstitutional. |
Civil Procedure |
|
Nov. 19, 2001 | |
99-71278
|
Rivera v. Railroad Retirement Board
Court doesn't have jurisdiction to review Railroad Retirement Board's dismissal of claim for benefits because dismissal wasn't final decision of the board. |
Civil Procedure |
|
Nov. 18, 2001 | |
00-35660
|
Ahmed v. State
Federal court lacked jurisdiction to hear First Amendment claim after it was considered and rejected by state appeals board. |
Civil Procedure |
|
Nov. 18, 2001 | |
B138624
|
Cuenllas v. VRL International Ltd.
Minute order without title 'notice of entry' does not trigger 60-day time period for filing notice of appeal. |
Civil Procedure |
|
Nov. 18, 2001 | |
B148732
|
American Humane Assn. v. Los Angeles Times Communications
Defendant is not required to submit proof of attorney fees at same time it files motion to strike. |
Civil Procedure |
|
Nov. 18, 2001 | |
C034619
|
Simmons v. Allstate Insurance Co.
Cross-complaint filed by health care providers accused of insurance fraud violated anti-SLAPP law. |
Civil Procedure |
|
Nov. 18, 2001 | |
G025177
|
Katelaris v. County of Orange
Employee declarations about timely mailing of claim rejection satisfies judgment barring suit on statute of limitations grounds. |
Civil Procedure |
|
Nov. 18, 2001 | |
B148833
|
Estate of Gilliland
Appeals court can accept stipulated reversal under Code of Civil Procedure so long as it makes the findings listed in statute. |
Civil Procedure |
|
Nov. 18, 2001 | |
25551-1
|
U.S. Bank National Assn. v. Oliverio
Trial court has jurisdiction to reinstate security interest of foreclosing bank that mistakenly released interest. |
Civil Procedure |
|
Nov. 15, 2001 |