Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D023528
|
Samuels v. Mix
Attorney has burden of proving that client discovered alleged malpractice more than one year before suit. |
Civil Procedure |
|
Oct. 9, 2000 | |
F026993
|
Wilcox v. Birtwhistle
Court-ordered deemed admissions may be withdrawn or amended at court's discretion under certain circumstances. |
Civil Procedure |
|
Oct. 9, 2000 | |
C023922 and C024460
|
Vandenberg v. Superior Court (Centennial Insurance Co.)
Collateral estoppel doesn't prevent party to private, nonjudicial arbitration from relitigating issue against nonparty. |
Civil Procedure |
|
Oct. 8, 2000 | |
S069596
|
Mitchell v. Asbestos Corporation
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit. |
Civil Procedure |
|
Oct. 8, 2000 | |
98-55456
|
Adler v. The Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act. |
Civil Procedure |
|
Oct. 5, 2000 | |
97-15127
|
Bass v. First Pacific Networks Inc.
Where supersedeas bond is issued pursuant to Federal Rules, federal law regarding recoverability of attorney fees applies. |
Civil Procedure |
|
Oct. 5, 2000 | |
99-15394
|
Bateman v. U.S. Postal Service
Attorney 's negligent failure to meet filing deadline is excusable neglect, relieving client of final judgment that grants opposing party's motion for summary judgment. |
Civil Procedure |
|
Oct. 5, 2000 | |
98-55456
|
Adler v. Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act. |
Civil Procedure |
|
Oct. 4, 2000 | |
A076593
|
Mitchell v. Asbestos Corporation Ltd.
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit. |
Civil Procedure |
|
Oct. 3, 2000 | |
99-6428
|
Jones v. Great Southern Life Insurance Co.
Order |
Civil Procedure |
|
Oct. 3, 2000 | |
99-2496
|
United States v. Philip Morris Inc.
Government fails to demonstrate that tobacco's company participation in conspiracy establishes personal jurisdiction. |
Civil Procedure |
|
Oct. 2, 2000 | |
B131271
|
Groom v. Health Net
HMO's participation in litigation by way of demurrers does not waive its right to compel arbitration in health plan contract absent prejudice to insured. |
Civil Procedure |
|
Sep. 28, 2000 | |
B140841
|
Dept. of Water and Power v. Superior Court (Dzhibinyan)
Court improperly grants complainant relief from failure to timely present tort claim against DWP. |
Civil Procedure |
|
Sep. 28, 2000 | |
C032353
|
Maher v. Saad
Court grant of new trial presupposes that whole record was considered, and will not be disturbed unless inspection of record proves otherwise. |
Civil Procedure |
|
Sep. 28, 2000 | |
S075914
|
Schreiber v. Estate of Kiser
Treating physician, designated as expert witness, isn't precluded from testifying at trial if no expert witness declaration is submitted on his behalf. |
Civil Procedure |
|
Sep. 26, 2000 | |
S072583
|
Broughton v. Cigna Healthplans of California
Claim for damages brought under Consumer Legal Remedies Act may be arbitrated, but claim for injunctive relief under the Act may not. |
Civil Procedure |
|
Sep. 25, 2000 | |
99-35823
|
American Assn. of Naturopathic Physicians v. Hayhurst
Party who raises only one defense in motion to vacate default judgment waives all other defenses. |
Civil Procedure |
|
Sep. 22, 2000 | |
S090507
|
City and County of San Francisco v. Tijerino
Court-ordered blood test is not new or different fact or circumstance that justifies motion for reconsideration. |
Civil Procedure |
|
Sep. 22, 2000 | |
A072446 and A074357
|
Briggs v. Eden Council for Hope and Opportunity
Grant of special motion to strike is incorrect when underlying conduct isn't matter of public concern. |
Civil Procedure |
|
Sep. 21, 2000 | |
B106507
|
Linder v. Thrifty Oil Co.
No class certification in Credit Card Act case absent community of interest and substantial benefit. |
Civil Procedure |
|
Sep. 21, 2000 | |
S065501
|
Linder v. Thrifty Oil Co.
Order denying class certification cannot stand when based upon improper judgment of case's legal merits and erroneous legal assumptions. |
Civil Procedure |
|
Sep. 21, 2000 | |
S061703
|
Au-Yang v. Barton
Court can't conduct trial in absence of party who received adequate notice of later trial date but not of new, earlier date. |
Civil Procedure |
|
Sep. 20, 2000 | |
00-7074
|
Tarepen v. Mahaffey
Order |
Civil Procedure |
|
Sep. 20, 2000 | |
00-1215
|
Richardson v. Albertson's Inc.
Order |
Civil Procedure |
|
Sep. 20, 2000 | |
E019906
|
Mercury Insurance Group v. Superior Court (Wooster)
Uninsured motorist and personal injury suits can be consolidated for arbitration but not trial de novo. |
Civil Procedure |
|
Sep. 20, 2000 | |
H018456
|
Lee v. Technology Integration Group
No knowing waiver requirement for enforcement of arbitration agreement as condition of employment for Title VII claims. |
Civil Procedure |
|
Sep. 20, 2000 | |
99-5102
|
Ellsworth Motor Freight Lines Inc. v. North American Resources Inc.
Order |
Civil Procedure |
|
Sep. 19, 2000 | |
99CA1478
|
Chilcott Entertainment v. John G. Kinnard & Co.
Statute of limitations under federal arbitration act not tolled by filing of action in federal court. |
Civil Procedure |
|
Sep. 19, 2000 | |
00-7010
|
Robinson v. Addison
Order |
Civil Procedure |
|
Sep. 19, 2000 | |
99-3292 and 00-3023
|
Mellon v. Cessna Aircraft Co.
Order |
Civil Procedure |
|
Sep. 19, 2000 |