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Bautista v. Los Angeles County
Dismissal without leave to amend is abuse of discretion where deficiencies are readily curable by court.
Civil Procedure Aug. 25, 2000
Giest v. Sequoia Ventures Inc.
Trial court properly applies Montana's statute of repose in wrongful death action filed in California.
Civil Procedure Aug. 24, 2000
Ramirez v. Dept. of Corrections
Qualified immunity defense properly denied in case involving civil rights claims.
Civil Procedure Aug. 23, 2000
Gadlin v. Sybron International Corp.
Non-existence of complete diversity renders dismissal of suit without further inquiry.
Civil Procedure Aug. 23, 2000
Allen v. Middleton
Order
Civil Procedure Aug. 23, 2000
Beaty v. CAS BET Holdings Inc.
Remand warranted when record of whether court exercised its discretion in decision not to reduce award of attorney fees below lodestar amount is ambiguous.
Civil Procedure Aug. 23, 2000
Cooper v. Westbrook Torrey Hills LP
Reasonable expenses necessary to acquire a bond are to be awarded to prevailing party absent contrary evidence in the record.
Civil Procedure Aug. 18, 2000
Maryland Casualty Co. v. Andreini & Company of Southern California
Good faith settlement determination can be reviewed by post-judgment appeal.
Civil Procedure Aug. 18, 2000
Lealao v. Beneficial California Inc.
Attorney fees awards may be calculated as a percentage of class action recovery and can be adjusted at court's discretion.
Civil Procedure Aug. 18, 2000
Catalano v. Superior Court (Camenson)
Code of Civil Procedure Section 437c disallows piecemeal adjudication of claims for punitive damage.
Civil Procedure Aug. 18, 2000
City of SanFranscisco v. Tijerino
Court-ordered blood test is not new or different fact or circumstance that justifies motion for reconsideration.
Civil Procedure Aug. 18, 2000
True v. Shank
Expert witness fees may be properly tendered at the time deposition is noticed or at the deposition.
Civil Procedure Aug. 17, 2000
Kitzig v. Nordquist
Dental malpractice not time barred if claim filed within one year of patient finding that dentist is negligent.
Civil Procedure Aug. 17, 2000
Burrell v. Burrell
Order
Civil Procedure Aug. 15, 2000
U.S. v. Stephens
Order
Civil Procedure Aug. 15, 2000
U.S. v. Muoio
Order
Civil Procedure Aug. 8, 2000
Littlefield v. Bamberger
Three-day mailing period applies to motions for rehearing when notice of entry of judgment was mailed to parties.
Civil Procedure Aug. 8, 2000
Chasteen v. Unisia Jecs Corp.
Action for misappropriation of trade secret must be brought within three years from time misappropriation was or should have been discovered.
Civil Procedure Aug. 7, 2000
Mendenhall v. National Transportation Safety Board
Under Equal Access to Justice Act, government's bad faith isn't adequate basis for market-rate reimbursement of attorney fees incurred in administrative hearings.
Civil Procedure Aug. 5, 2000
Mendenhall v. National Transportation Safety Board
Under Equal Access to Justice Act, government's bad faith isn't adequate basis for market-rate reimbursement of attorney fees incurred in administrative hearings.
Civil Procedure Aug. 5, 2000
Jang v. State Farm
Complaint alleging insurer bad faith and civil conspiracy during settlement negotiations is an action under the policy and therefore time-barred.
Civil Procedure Aug. 4, 2000
Hock v. Hock
Attorney's affidavit establishing his conduct as cause of default judgment against client provides basis to set aside judgment.
Civil Procedure Aug. 4, 2000
Pierotti v. Torian
Court does not have authority to review appeal from order confirming arbitration award of attorney fees.
Civil Procedure Aug. 4, 2000
People v. Mitchell
Where government has opportunity to present case, res judicata defeats increased sentence findings raised in subsequent proceedings.
Civil Procedure Aug. 4, 2000
National Parks and Conservation Association v. County of Riverside
Party that unsuccessfully challenges subsequent environmental impact report on return to writ not entitled to attorney fees.
Civil Procedure Aug. 4, 2000
Boysaw v. Superior Court of Los Angeles County
Contempt order not sustained when it fails to recite that accused was warned his tone was objectionable.
Civil Procedure Aug. 4, 2000
Jang v. State Farm Fire and Casualty Co.
Complaint alleging insurer bad faith and civil conspiracy during settlement negotiations is an action under the policy and therefore time-barred.
Civil Procedure Aug. 4, 2000
Rice v. Crow
Retraxit and collateral estoppel do not prevent litigation of issues settled with other parties or not previously litigated.
Civil Procedure Aug. 4, 2000
Hunt v. Commercial Money Center
Non-resident's single purchase of goods from California vendor for delivery outside state is insufficient minimum contact to establish personal jurisdiction.
Civil Procedure Aug. 4, 2000
Fairbank v. Wunderman Cato Johnson
Diffierence in standard of proof in federal and state law regarding summary judgment rulings permits federal court to revisit state court's decision.
Civil Procedure Aug. 4, 2000