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Barnett v. Penske Truck Leasing
Prevailing party on summary judgment is entitled to sanctions if losing party failed to admit truth of matter ultimately proved genuine.
Civil Procedure Aug. 13, 2001
Grant v. Superior Court (In re Jacobs)
Peremptory challenge of judge may not be filed unless there is pending trial or hearing.
Civil Procedure Aug. 13, 2001
To-Ro Trade Shows v. Collins
Business failing to present actual immediate dispute in which it has a direct, substantial interest cannot bring action for declaratory relief.
Civil Procedure Aug. 13, 2001
Foss Maritime Co. v. City of Seattle
Court lacks authority to dismiss case when case is noted for trial before opponent makes motion to dismiss.
Civil Procedure Aug. 13, 2001
Neal v. Superior Court (Neal)
Family law dispute should not have been filed in civil court.
Civil Procedure Aug. 10, 2001
Guardians of Elk Creek Old Growth v. California Dept. of Forestry and Fire Protection
Petitioner has 90 days from date of filing to request hearing unless court fails to notify parties of change in venue.
Civil Procedure Aug. 10, 2001
Merrill v. Navegar Inc.
There are triable issues of fact as to whether a gun manufacturer breached its duty of care to victims of a shooting.
Civil Procedure Aug. 8, 2001
Fisher v. City of Apache Junction
Filing deadline that occurred on Sunday may be timely filed on following Monday.
Civil Procedure Aug. 7, 2001
Griswold v. Kilpatrick
Attorney's delay in negotiating medical malpractice settlement is deemed too speculative.
Civil Procedure Aug. 5, 2001
Hadley v. Maxwell
Conviction for minor traffic infraction cannot be used against defendant in personal injury lawsuit.
Civil Procedure Aug. 5, 2001
Davidson v. The Committee for Gail Schoettler
Case concerning violation of former Fair Campaign Act is moot because Act is no longer in force.
Civil Procedure Jul. 30, 2001
Phillips and Associates Family Law Offices, P.C. v. Napolitano
District court lacks jurisidiction to review state court's ruling when appellant's federal constitutional claims are inextricably intertwined with state court decision.
Civil Procedure Jul. 25, 2001
Bausman v. Interstate Brands Corporations
Terminated employee raises genuine issue concerning pretext in retaliatory discharge claim.
Civil Procedure Jul. 25, 2001
Kojima v. Grandote International ( In re Grandote Country Club Co.)
Among other things, where only asset at issue is real property within Colorado, state law and not Japanese law is properly applied.
Civil Procedure Jul. 25, 2001
Doe & Assoc. Law Offices v. Napolitano
Federal district court lacks jurisdiction to review final state court decision where federal constitutional claims are 'inextricably intertwined' with state court's judgment.
Civil Procedure Jul. 25, 2001
Howard Jarvis Taxpayers Assoc. v. City of La Habra
City's continued collection of tax is ongoing violation, upon which limitations period begins to run anew with each collection.
Civil Procedure Jul. 24, 2001
Johnson v. Paradise Valley Unified School District
When substantial evidence supports verdict, grant of renewed motion for judgment as matter of law on 'regarded as disabled' claim is error.
Civil Procedure Jul. 24, 2001
Martin v. Franklin Capital Corp.
District court lacks subject matter jurisdiction when defendants fail to establish requisite amount in controversy for diversity jurisdiction.
Civil Procedure Jul. 24, 2001
Griset v. Fair Political Practices Commission
Appellate court had no jurisdiction to consider party's second appeal after high court had resolved all issues of case.
Civil Procedure Jul. 23, 2001
People v. Superior Court (Laff)
Court must determine whether seized documents are privileged and may appoint special master to assist; cannot require parties to bear costs.
Civil Procedure Jul. 23, 2001
Evergreen Park of Redmond Ltd. v. Summers
Washington law does not permit assignee of judgment to extend it beyond original ten-year term.
Civil Procedure Jul. 22, 2001
Kline v. Turner
Statute of limitations for fraud begins to run when there is inquiry notice of fraudulent conduct, not just actual evidence.
Civil Procedure Jul. 19, 2001
Brashier v. Commissioner of Internal Revenue
Order
Civil Procedure Jul. 18, 2001
American Ironworks & Erectors Inc. v. North American Construction Corp.
Entry of judgment triggers notice of appeal period for prior interlocutory order granting, but not disbursing, attorney fees.
Civil Procedure Jul. 18, 2001
Citizen Potawatomi Nation v. Norton
Court properly dismisses action when tribe unable to join three 'necessary' and 'indispensable' parties.
Civil Procedure Jul. 18, 2001
Doe v. Unocal Corp.
French corporation does not have sufficient contacts with California subsidiaries to be subject to suit in United States.
Civil Procedure Jul. 18, 2001
Lee v. Wells Fargo Bank
Six month deadline to renew request for attorney fees after intial motion was denied begins to run on date of judge's order.
Civil Procedure Jul. 18, 2001
Ehret v. Congoleum Corporation
Postjudgment interest runs from date of entry of original judgment.
Civil Procedure Jul. 18, 2001
Simons v. Steverson
Court has personal jurisdiction over nonresident law firm that employed attorney licensed in California and who performed legal services in California.
Civil Procedure Jul. 17, 2001
Consumer Cause Inc. v. Arco Oil & Gas Co.
Citizens group may not sue for pollution because notice was not specific enough to allow companies to remedy alleged violations.
Civil Procedure Jul. 17, 2001