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Name Category Published
U.S. v. Clymore
Conclusive evidence that seized property was used in drug crime must be established before court allows equitable tolling of statue of limitations. 		Civil Procedure Jun. 28, 2001
Matosantos Commercial Corp. v. Applebee's International, Inc.
Collateral estoppel bars claim where same issues are brought before court and party had full opportunity to litigate in prior action. 		Civil Procedure Jun. 28, 2001
Visionshape Inc. v. Kofax Image Products Inc.
Court properly sustains demurrer without leave to amend when, among other things, plaintiff's first and second causes of action do not meet pleading requirements. 		Civil Procedure Jun. 28, 2001
Kaczorowski v. Board of Supervisors for the County of Mendocino (Perry)
Court does not abuse discretion in denying petition based on absence of indispensable party that could not be joined. 		Civil Procedure Jun. 28, 2001
Howard Gunty Profit Sharing Plan v. Superior Court (In re Greenwood)
Lower court must determine whether abuse of class action process justifies limiting solicitation of potential plaintiffs. 		Civil Procedure Jun. 28, 2001
Brehm Communities v. Superior Court (In re Caldwell)
Court may not approve settlement until parties establish value of nonmonetary assets to be transferred. 		Civil Procedure Jun. 28, 2001
Embarcadero Municipal Improvement District v. County of Santa Barbara
City improvement district cannot challenge County's property tax allocation agreement because it has no special interest beyond that of public at large. 		Civil Procedure Jun. 28, 2001
Rosenaur v. Scherer
Defamation claims properly stricken when plaintiff fails to show that defendants acted with malice and other speech constitutionally protected. 		Civil Procedure Jun. 28, 2001
Newhall Land and Farming Co. v. McCarthy Construction
In condominium construction defect suit, subcontractor that was not involved in initial construction was properly granted summary judgment. 		Civil Procedure Jun. 28, 2001
Jobe v. The City of Orange (Lutheran High School Asso. of Orange County)
Private school denied award of attorney fees because school had significant pecuniary interest in defending challenge to its expansion. 		Civil Procedure Jun. 28, 2001
John v. United States
The 9th U.S. Circuit Court of Appeals sitting en banc upholds judgment of federal district court. 		Civil Procedure Jun. 28, 2001
Doran v. Magan
Order denying motion for entry of judgment and satisfaction is not final order which may be appealed. 		Civil Procedure Jun. 28, 2001
Leake v. Superior Court (People)
Civil Discovery Act of 1986 applies to Sexually Violent Predator Act proceedings. 		Civil Procedure Jun. 28, 2001
The TJX Companies v. Superior Court (Burchard)
Parties are entitled to oral hearing before disposition on whether requirements for class action are met. 		Civil Procedure Jun. 28, 2001
Benedict v. Danner Press
Defendant isn't precluded from relief from entry of default judgment although defendant and his counsel are partially responsible. 		Civil Procedure Jun. 28, 2001
U.S. v. SmithKline Beecham Inc.
Plaintiff may amend complaint brought under False Claims Act in order to satisfy heightened pleading requirements of federal rules. 		Civil Procedure Jun. 27, 2001
Pollak v. State Personnel Board
Trial court properly denied supplemental petition for writ of administrative mandate because res judicata barred relitigating same factual issues. 		Civil Procedure Jun. 27, 2001
Myers v. Merrill Lynch & Co. Inc.
Judgment affirmed because plaintiff's claim contending broker's failure to disclose is pre-empted by federal law was raised first time on appeal. 		Civil Procedure Jun. 26, 2001
Shekhter v. Financial Indemnity Co.
Defendant may move to strike single cause of action, out of many, if underlying allegation stems from defendant's exercise of First Amendment rights. 		Civil Procedure Jun. 26, 2001
White v. Browne
Motion to vacate renewal of judgment should have been granted when judgment debtor was never served with summons and complaint. 		Civil Procedure Jun. 26, 2001
Krantz v. BT Visual Images LLC
Defense isn't entitled to summary judgment when it thwarted discovery and it failed to show affirmatively plaintiff couldn't establish case. 		Civil Procedure Jun. 26, 2001
Fair Housing Counsel of Riverside County Inc. v. Green
When granting defendant's motion for summary judgment, trial court cannot dismiss plaintiff's motion as moot without considering its merits. 		Civil Procedure Jun. 26, 2001
Gilliland v. Medical Board of California
State agency doesn't have jurisdiction to impose penalty in administrative proceeding when statute specifies action must be brought by Attorney General. 		Civil Procedure Jun. 26, 2001
Wershba v. Apple Computer Inc.
Settlement of class action lawsuit against California computer company that rescinded promise of technical support was fair and reasonable. 		Civil Procedure Jun. 26, 2001
Fox Searchlight Pictures Inc. v. Paladino
Employee suing for discrimination need not obtain new attorneys even though she revealed confidential information regarding employer. 		Civil Procedure Jun. 26, 2001
Bahl v. Bank of America
Public policy favors deciding cases on merits, and judge should have granted plaintiff's continuance rather than defendant's summary judgment motion. 		Civil Procedure Jun. 26, 2001
Subcontractors and Suppliers Collection Services v. McConnachie
Statute permitting service of process on contractors with service on Department of Labor and Industries is limited to suits against contractor's bond. 		Civil Procedure Jun. 25, 2001
Olsen v. King County
County's failure to produce all documents used in granting special exception and requested by plaintiffs, violates Public Disclosure Act. 		Civil Procedure Jun. 19, 2001
Steinmetz v. Call Realty Inc.
'Letter opinion' containing findings of fact, conclusions of law and judgment was sufficient to be considered final judgment. 		Civil Procedure Jun. 18, 2001
Aguilar v. Atlantic Richfield Corp.
In antitrust litigation against companies that refine oil and market gasoline, summary judgment for companies is proper. 		Civil Procedure Jun. 15, 2001
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