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Michael v. Aetna Life & Casualty Insurance Co.
No corruption in appraiser existed that required vacating appraisal award pursuant to statute.
Civil Procedure Jul. 17, 2001
Alexander v. Blue Cross of California
Arbitrator is not required to impose discovery sanctions even if trial court would have been required to do so.
Civil Procedure Jul. 17, 2001
Silver Sage Partners Ltd. v. City of Desert Hot Springs
Court abuses discretion in requiring plaintiffs to face new trial or accept remittitur when award isn't against clear weight of evidence.
Civil Procedure Jul. 17, 2001
W.N.J. v. David Yocom, Salt Lake County
Because plaintiffs used pseudonyms before obtaining permission from district court, case was improperly filed and appeals court lacks jurisdiction.
Civil Procedure Jul. 17, 2001
In re Leon G.
Arizona's sexually violent person statute does not violate constitution.
Civil Procedure Jul. 16, 2001
People v. Fremont General Corp.
Company that offered to settle lawsuit filed by state but was exonerated at trial is entitled to costs.
Civil Procedure Jul. 12, 2001
Division of Labor Standards Enforcement v. Atlantic Baking Co. Inc.
State statute extending deadline for filing does not apply to jurisdictional time limit for filing writ petition from Labor Commissioners order.
Civil Procedure Jul. 12, 2001
Hicks v. Kaufman and Broad Home Corp.
Class action for breach of warranty may be maintained when class is ascertainable and common questions of law and fact predominate.
Civil Procedure Jul. 12, 2001
Trafficschoolonline Inc. v. Superior Court (Ohlrich)
Superior court does not have authority to transfer case to court of appeal or supreme court.
Civil Procedure Jul. 11, 2001
Foxgate Homeowners' Assn. v. Bramalea California Inc.
Trial court must recite specific conduct and circumstances that justify sanctions order.
Civil Procedure Jul. 10, 2001
Skamania County v. Columbia River Gorge Commission
Under land-use ordinance, river gorge commission failed to timely challenge county's approval of building application in scenic area.
Civil Procedure Jul. 9, 2001
Nelson v. Superior Court (County of Los Angeles)
Filing of tort claim is sufficient notice to alert sheriff's department that recordings of radio transmissions must be preserved for pending litigation.
Civil Procedure Jul. 9, 2001
Leader v. Health Industries of America, Inc.
Mandatory relief provision allowing plaintiffs to amend complaints is not applicable where plaintiffs had ample time to amend complaint.
Civil Procedure Jul. 9, 2001
Smith v. SHN Consulting Engineers & Geologists, Inc.
Two-year statute of limitations applies to losses incurred by contractor due to architect and construction manager's alleged professional negligence.
Civil Procedure Jul. 9, 2001
Ames v. Paley
Court retains inherent power to retroactively correct judgment that failed to conform to terms of settlement agreement.
Civil Procedure Jul. 9, 2001
McClellan v. Northridge Park Townhome Owners Association, Inc.
Court properly adds corporation as party to judgment when substantial evidence of its successor liability exists.
Civil Procedure Jul. 9, 2001
Brown v. Industrial Commission of Arizona
Award of supportive care benefits may not be relitigated unless change occurs in physical condition or medical procedures.
Civil Procedure Jul. 5, 2001
O'Connor v. Washington State Dept. of Social and Health Services
Disclosure under Public Records Act is required even during litigation if records could be obtained through civil court discovery rules.
Civil Procedure Jul. 2, 2001
Lundy v. Ford Motor Co.
Court's incorrect definition of 'substantially' is reversible error.
Civil Procedure Jul. 2, 2001
American Cemwood Corp. v. American Home Assurance Co.
Defendant seeking to remove case to more convenient forum must show that all defendants may be served in alternate forum.
Civil Procedure Jul. 2, 2001
Ajida Technologies Inc. v. Roos Instruments Inc.
Parties' duty to arbitrate arising from joint agreement survives termination of the agreement.
Civil Procedure Jul. 2, 2001
Pichly v. Nortech Waste LLC
Employment contract containing binding arbitration clause isn't unconscionable because employee is not in weaker position.
Civil Procedure Jul. 2, 2001
City of San Diego v. Dunkl
SLAPP motion is moot once opposing party prevails on legal questions presented for resolution.
Civil Procedure Jul. 1, 2001
Rufo v. Simpson
Trial court didn't' err in admitting and excluding evidence, and damage awards aren't excessive in civil actions against O.J. Simpson.
Civil Procedure Jul. 1, 2001
C.J.A. Corp. v. Trans-Action Financial Corp.
Second deed of trust holder cannot change remedy to money judgment after obtaining judgment of judicial foreclosure.
Civil Procedure Jul. 1, 2001
Carole Ring & Assoc. v. Nicastro
Pursuant to statute, prevailing party is entitled to post-arbitration attorney fees and costs, notwithstanding arbitrator's denial of same at arbitration
Civil Procedure Jul. 1, 2001
Stewart v. Colonial Western Agency Inc.
Court didn't err in imposing sanctions against attorney who advised client to refuse to answer questions that could lead to admissible evidence.
Civil Procedure Jun. 29, 2001
Basich v. Allstate Insurance Co.
Court properly applies clear-and-convincing standard to evaluate evidence submitted to rebut opponent's motion for summary adjudication on punitive damages issue.
Civil Procedure Jun. 29, 2001
Traverso v. Dept. of Transportation
Cause of action based on Caltrans revocation of permits for billboards canceled over 25 years ago is barred by statutes of limitation.
Civil Procedure Jun. 29, 2001
Motion Picture and Television Fund Hospital v. Superior Court (Lopez)
Statutory time period for filing peremptory challenge to newly assigned direct calendar judge begins when parties receive notice of assignment.
Civil Procedure Jun. 28, 2001