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Chartier v. Weinland Homes
Only pre-offer attorney fees should be included when comparing recovery to settlement offer for purposes of assessing costs.
Civil Procedure Sep. 5, 2001
Nguyen v. Department of Health Medical Quality Assurance Commission
Due process clause of U.S. Constitution requires proof by clear and convincing evidence in medical disciplinary proceeding.
Civil Procedure Sep. 4, 2001
Rudolph v. Empirical Research Systems Inc.
Trial court lacked authority to entertain motion to compel discovery because counsel failed to meet conference and certification requirements.
Civil Procedure Aug. 28, 2001
Bishop v. Jefferson Title Co. Inc.
Plaintiff produced sufficient evidence showing real estate closing officer exceed scope of limited practice of law, thereby precluding summary judgment.
Civil Procedure Aug. 28, 2001
Gritchen v. Collier
Citizen fails to state claim when police officer wasn't acting under color of state law in threatening defamation suit.
Civil Procedure Aug. 24, 2001
Ordonez v. Johnson
Court abuses discretion in dismissing complaint for failure to timely file when petitioner constructively filed first amended complaint five days before deadline.
Civil Procedure Aug. 24, 2001
Herman Family Revocable Trust v. Teddy Bear
In case where federal district court found it lacked admiralty jurisdiction, it also lacked supplemental jurisdiction over state law claims.
Civil Procedure Aug. 24, 2001
Calhoun v. Stahl
Denial to proceed in forma pauperis is proper where accused parties are immune from suit.
Civil Procedure Aug. 24, 2001
Garrett v. Stratman
Appeals court lacks jurisdiction to review summary judgment on qualified immunity matter decided solely on sufficiency of evidence.
Civil Procedure Aug. 24, 2001
Bowen v. Amoco Pipeline Co.
Among other things, parties may not contract for expanded judicial review of arbitration awards.
Civil Procedure Aug. 24, 2001
City of Los Angeles v. Kaiser International
Court lacks jurisdiction to hear interlocutory appeal when party failed to obtain certification from district court.
Civil Procedure Aug. 24, 2001
S.V. v. Sherwood School District
Tuition-reimbursement claim brought pursuant to Individuals with Disabilities Education Act is governed by two-year statute of limitations.
Civil Procedure Aug. 24, 2001
Breed v. Hughes Aircraft Company
Federal Circuit court has exclusive jurisdiction over complaint that includes patent law claim.
Civil Procedure Aug. 23, 2001
John Roe #2 v. Ogden
Law school graduates who have not yet taken bar exam are entitled to file lawsuit challenging questions on bar application.
Civil Procedure Aug. 23, 2001
Los Angeles Unified School District of Los Angeles County v. Wilshire Center Marketplace
Among other things, award of costs on appeal isn't part of judgment and thus doesn't defer entry of final judgment.
Civil Procedure Aug. 23, 2001
America Online Inc. v. Superior Court (Mendoza)
Forum selection clause is unenforceable because it waives rights contrary to public policy and selected state provides fewer remedies than California.
Civil Procedure Aug. 23, 2001
Prairie Band of Potawatomi Indians
Because court correctly analyzes four factor test in deciding whether to grant preliminary injunciton, granting injunction was not abuse of discretion.
Civil Procedure Aug. 23, 2001
Payne v. National Collection Systems Inc.
Complaint against airline by job seekers is barred by previous lawsuit but may be amended and resubmitted.
Civil Procedure Aug. 23, 2001
Lewis C. Nelson & Sons Inc. v. Clovis Unified School District
Civil Code Section 3287, which allows prejudgment interest on unliquidated claims, applies to public entities.
Civil Procedure Aug. 23, 2001
Fisher v. Gibson
Civil defendant who could suffer criminal prosecution must present evidence justifying summary judgment opposition beyond the mere possibility of self-incrimination.
Civil Procedure Aug. 23, 2001
Foxgate Homeowners Assoc. Inc. v. Bramalea California Inc.
Mediator and participants may not reveal communications made during mediation and mediator may not report to court about participants' conduct during mediation.
Civil Procedure Aug. 22, 2001
Styne v. Stevens
Talent Agencies Act's one-year statute of limitations does not bar Act-based defense in breach of contract action.
Civil Procedure Aug. 22, 2001
Deauville Restaurant Inc. v. Superior Court (Taylor)
Court errs in denying peremptory challenge when second application for writ of attachment isn't motion for reconsideration, but instead is renewed motion.
Civil Procedure Aug. 22, 2001
Porter v. United Services Automobile Association
Order denying arbitration in California but advising arbitration in other state may be appealed.
Civil Procedure Aug. 22, 2001
People v. Mitchell
Appellate court has authority to correct clerical error in abstract of judgment.
Civil Procedure Aug. 22, 2001
State Farm Fire & Casualty Co. v. Pietak
Party is entitled to relief when failure to file compulsory cross-complaint is due to attorney's reasonable mistake.
Civil Procedure Aug. 21, 2001
Ho v. Ikon Office Solutions Inc.
National corporation seeking federal jurisdiction may use 'nerve center test' where no state contains substantial predominance of corporation's business activities.
Civil Procedure Aug. 16, 2001
McCall v. PacifiCare of California Inc.
Exhaustion of administrative remedies under Medicare Act isn't required where state law claims against HMO don't seek payment of Medicare claim.
Civil Procedure Aug. 14, 2001
Hightower v. Superior Court (O'Dowd)
Arbitrator's 'partial final award' is proper when impliedly authorized by parties agreement and consistent with broad authority granted arbitrator by applicable rules.
Civil Procedure Aug. 14, 2001
Dana Commercial Credit Corp. v. Ferns & Ferns
Court of Appeal has inherent power to impose sanctions for filing frivolous motions on appeal.
Civil Procedure Aug. 13, 2001