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Martinez v. Binsfield
Civil actions subject to mandatory court annexed arbitration are subject to time deadlines imposed by superior court's uniform practice rules.
Civil Procedure Jun. 7, 2000
Saracho v. Custom Food Machinery Inc.
Authority-to-sue challenge must be timely made.
Civil Procedure Jun. 2, 2000
Cook v. Erbey
Where district court's order compelling arbitration is integrated into party's action, order is unappealable even when entire action is dismissed.
Civil Procedure Jun. 2, 2000
California Medical Assn. v. Shalala
If underlying merits judgment is reversed, party that has paid adversary's attorney fees may petition for relief from fee judgment.
Civil Procedure Jun. 2, 2000
Chiron Corp. v. Ortho Diagnostic Systems Inc.
Under Federal Arbitration Act, res judicata effect of arbitration award on subsequent arbitration is determined by arbitrator, not district court.
Civil Procedure Jun. 2, 2000
Howard v. America Online Inc.
Court may dismiss claims of class members, where claims were part of earlier class settlement.
Civil Procedure Jun. 2, 2000
County of Orange v. Superior Court (Wu)
Civil discovery order doesn't allow criminal investigations discovery unless benefit outweighs need for confidentiality.
Civil Procedure Jun. 2, 2000
Out of Line Sports Inc. v. Rollerblade Inc.
Challenge to attorney's lien filed against settlement is moot when funds have already been transferred from court's registry.
Civil Procedure Jun. 1, 2000
Seitz v. Hargett
Order
Civil Procedure Jun. 1, 2000
Parkins v. Patterson
Order
Civil Procedure Jun. 1, 2000
Jones v. Mckitterick
Order
Civil Procedure Jun. 1, 2000
Sea Hawk Seafoods Inc. v. Alyeska Pipeline Service Co.
Bailiff's tasteless joke to juror does not merit presumption of prejudice requiring retrial.
Civil Procedure Jun. 1, 2000
Avant! Corp. V. Superior Court (Nequist)
Trial court may deny corporation's motion to stay proceeding or discovery pending related criminal case when it protects employees' Fifth Amendment interests.
Civil Procedure Jun. 1, 2000
Akins v. Enterprise Rent-A-Car Company of San Francisco
For attorney fee award, apportionment of attorney fees is not required if successful and unsuccessful claims are interrelated.
Civil Procedure Jun. 1, 2000
Moore v. First Bank of San Luis Obispo
Court may not amend binding arbitration award to allow prevailing party attorney fees.
Civil Procedure Jun. 1, 2000
Moshonov v. Walsh
Arbitrator does not exceed powers by denying fees to prevailing party based on her interpretation of arbitration provision in parties' contract.
Civil Procedure Jun. 1, 2000
Twentieth Century Insurance Co. v. Choong
Court may impose second monetary sanction for attorney's failure to pay first monetary sanction.
Civil Procedure Jun. 1, 2000
Pacific Custom Pools Inc. v. Turner Construction Co. (Universal City Studios Inc.)
When contract provides for attorney fees, prevailing party is entitled to fees regardless of who initiates action.
Civil Procedure Jun. 1, 2000
Thatcher v. Lucky Stores Inc.
Because local rule authorizes court to grant summary judgment based solely on absence of opposition, it is invalid.
Civil Procedure Jun. 1, 2000
Earley v. Superior Court (Washington Mutual Bank)
Notice to proposed class, that absent class members may be held liable for attorney fees of successful defendant, is improper.
Civil Procedure Jun. 1, 2000
Bugna v. Fike
Contract's forum selection clause applies to nonsignatories who are closely related to contract.
Civil Procedure Jun. 1, 2000
Roskind v. Morgan Stanley Dean Witter & Co.
Federal law does not preempt claims brought under California's Unfair Competition Law.
Civil Procedure Jun. 1, 2000
Davis v. Marin
Statute of limitations on medical malpractice claim is extended where notice is served within 90 days of expiration of limitations period.
Civil Procedure Jun. 1, 2000
Earley v. Superior Court (Washington Mutual Bank)
Notice to proposed class, that absent class members may be held liable for attorney fees of successful defendant, is improper.
Civil Procedure Jun. 1, 2000
Jones v. Moore
Expert's testimony is properly excluded when it goes beyond opinions expressed during his deposition.
Civil Procedure Jun. 1, 2000
Panzino v. City of Phoenix
Rule 60(c)(6) is not available for relief from a judgment when attorney is guilty of inexcusable neglect.
Civil Procedure May 24, 2000
Hardage v. James
Order
Civil Procedure May 17, 2000
Greene v. Safeway Stores, Inc.
Order
Civil Procedure May 9, 2000
Bell v. U.S. Postal Service
Order
Civil Procedure May 9, 2000
Monarch HealthCare v. Superior Court (Cassidenti)
Nonparty deponents need not file motion to quash to challenge 'records only' discovery requests that seek privileged information.
Civil Procedure May 5, 2000