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Charles Raymond Southerland v. Granite State Insurance Co.
Order
Civil Procedure Apr. 20, 2001
Ortiz v. Fibreboard Corp.
When certifying a contested class under a limited fund theory, the funds must be limited by more than an agreement between the parties.
Civil Procedure Apr. 19, 2001
Lewis v. Superior Court (Green)
Opportunity for oral argument isn't required where peremptory writ of mandate or prohibition is properly issued in first instance.
Civil Procedure Apr. 19, 2001
Itin v. Ungar
Plaintiff seeking to recover damages and costs under Stolen Property statute need not prove defendant convicted of theft crime.
Civil Procedure Apr. 19, 2001
Boryla v. Pash
Trial court is not required to enter award of interest on actual costs from date of original cost award.
Civil Procedure Apr. 19, 2001
In re the Detention of CW
Six hour time limit to evaluate patients for mental commitment does not start until hospital determines evaluation is necessary.
Civil Procedure Apr. 16, 2001
Wiley v. Rehak
Trial court lacks discretion to allow untimely amendment of notice for trial de novo of arbitration decision.
Civil Procedure Apr. 15, 2001
Marshall v. Price
Order
Civil Procedure Apr. 11, 2001
Myers v. The Bennett Law Offices
Court errs in refusing to place locus of injury in Nevada and thereby dismissing actions for lack of personal jurisdiction and improper venue.
Civil Procedure Apr. 10, 2001
Pincay v. Andrews
Civil Racketeer Influenced and Corrupt Organizations Act statute of limitations begins when plaintiff has received written disclosure of alleged injury.
Civil Procedure Apr. 10, 2001
Gilbert v. Master Washer & Stamping Co.
Attorney that is represented by other members of his law firm may recover attorney fees.
Civil Procedure Apr. 8, 2001
Whitlock Construction Inc. v. Glickman
Order
Civil Procedure Apr. 4, 2001
Town of Tortolita v. Napolitano
Court's refusal to grant modification of preliminary injunction does not violate town's due process rights.
Civil Procedure Apr. 2, 2001
Powell v. Spear
Order
Civil Procedure Mar. 28, 2001
U.S. v. Gomex-Olivas
Order
Civil Procedure Mar. 28, 2001
Abdelsamed v. State of Colorado
Opinion
Civil Procedure Mar. 27, 2001
Vega v. Sullivan
In awarding attorney and expert witness fees, court was correct in comparing arbitration award versus jury verdict including taxable costs.
Civil Procedure Mar. 21, 2001
Michelson v. Enrich International, Inc.
Order
Civil Procedure Mar. 21, 2001
Semtek International Inc. v. Lockheed Martin Corp.
Dismissal of federal diversity claim for untimeliness requires dismissal of parallel state claim based on res judicata.
Civil Procedure Mar. 21, 2001
Semtek International Inc. v. Lockheed Martin Corp.
California federal court's dismissal of suit 'on the merits' based on statute of limitations doesn't necessarily have claim-preclusive effect in another state.
Civil Procedure Mar. 20, 2001
Corzo v. Banco Central de Reserva del Peru
As arm of Peruvian government, Banco Central de Reserva del Peru is entitled to sovereign immunity under federal law and court lacks jurisdiction.
Civil Procedure Mar. 19, 2001
Davidson v. McClellan
Subsequent change in law that controlling statute is unconstitutional doesn't necessarily require vacating final judgments.
Civil Procedure Mar. 19, 2001
Tyler v. Cuomo
Homeowners may sue city over housing project even though it has already been built.
Civil Procedure Mar. 14, 2001
Bly-Magee v. California
Former rehabilitative-services employee is granted leave to amend complaint in order to state with particularity allegations of fraud.
Civil Procedure Mar. 14, 2001
Lueck v. Sunstrand Corp.
American court may decline to hear lawsuit over plane crash that occurred in New Zealand.
Civil Procedure Mar. 14, 2001
Slenck v. Transworld Systems Inc.
Builder's loan to purchase backhoe to build family home raises genuine issue of whether loan is consumer loan.
Civil Procedure Mar. 14, 2001
Morris v. Princess Cruises Inc.
Fraudulent joinder of defendant for purpose of destroying diversity jurisdiction is properly ignored and removal to federal court is appropriate.
Civil Procedure Mar. 14, 2001
Carrasco v. State of Arizona
When mother survives child she is legally the statutory wrongful death beneficiary and personal representative of estate may not sue.
Civil Procedure Mar. 14, 2001
Wilshire Insurance Company v. Tuff Boy Holding
Good faith settlement between later-added defendant and plaintiffs may extinguish indemnity claims of other responsible parties who settled previously.
Civil Procedure Mar. 13, 2001
Macedo v. Bosio Revocable Trust
Lawsuit for fraudulent conveyance may be filed within 3 years of entry of judgment for creditor.
Civil Procedure Mar. 13, 2001