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Campbell v. Scripps Bank
Party cannot assert collateral estoppel if that party's negligence led to adjudication it seeks to use defensively.
Civil Procedure May 5, 2000
Twentieth Century Fox Film Corp. v. Superior Court (Lottermoser)
Trial court must stay action while application to arbitrate matter is pending before another court.
Civil Procedure May 5, 2000
First State Insurance Co. v. Superior Court (Jalisco Corporation Inc.)
Court may not issue an order precluding any party from filing a summary judgment motion.
Civil Procedure May 5, 2000
Valley Presbyterian Hospital v. Superior Court (Homel)
In wrongful death action, court may not order hospital to produce employees to be interviewed by plaintiff's counsel.
Civil Procedure May 5, 2000
Guess? Inc. v. Superior Court (Kirkland)
Right to arbitrate is waived where defendant fails to assert arbitration as affirmative defense and participates in discovery before asserting its right.
Civil Procedure May 5, 2000
Families Unafraid to Uphold Rural El Dorado County v. El Dorado County Board of Supervisors (Cook Ranch Partners)
Plaintiffs' nonfinancial interest is relevant factor to consider whether to award attorney fees under Code of Civil Procedure Section 1021.5.
Civil Procedure May 5, 2000
Small v. Hall's Furniture Defined Benefit Pension Plan
When defendants dismiss their appeal because counsel determined that appeal would serve no purpose, parties should bear own appeal costs.
Civil Procedure May 5, 2000
Nelson v. Adams USA Inc.
Due process requires amended party be given opportunity to respond and contest personal liability before judgment is entered against him.
Civil Procedure May 2, 2000
Burkholz v. Joyce
Order
Civil Procedure May 2, 2000
Ameriks v. Zions First National Bank
Order
Civil Procedure May 2, 2000
Steffens v. Steffens
Order
Civil Procedure May 2, 2000
Anderson v. Adam's Mark Hotels and Resorts
Order
Civil Procedure May 2, 2000
Paddock v. First Union National Bank of Florida
Order
Civil Procedure May 2, 2000
Schritter v. State Farm Mutual Automobile Insurance Co.
Plaintiff, who obtains judgment of costs against defendant, is entitled to cost of deposing her expert witnesses.
Civil Procedure May 1, 2000
State of Arizona v. Brown & Williamson Tobacco Corp.
Counties may not intervene in state action against tobacco industry where motion to intervene is untimely and intervention would prejudice litigating parties.
Civil Procedure May 1, 2000
Provost v. Superior Court (Aetna U.S. Healthcare Inc.)
Order summarily denied by court does not constitute opinion and, therefore, need not be published.
Civil Procedure May 1, 2000
Schmier v. Supreme Court of California
Rules governing publication of appellate court opinions are constitutional and do not conflict with statutory law.
Civil Procedure Apr. 28, 2000
Lane v. Hughes Aircraft Co.
Appellate court must apply 'highly deferential standard' in determining whether lower court properly granted new trial.
Civil Procedure Apr. 28, 2000
Fox v. Kramer
In malpractice action, Department of Health Services investigator's testimony and draft preliminary report for confidential hospital peer review are excludable.
Civil Procedure Apr. 27, 2000
Dalis v. U.S.
Order
Civil Procedure Apr. 19, 2000
Hutchinson v. Pfeil
Order
Civil Procedure Apr. 19, 2000
Bolin v. Chavez
Order
Civil Procedure Apr. 18, 2000
Hutchinson v. Pfeil
Court must follow Rule 11 procedure when it imposes any Rule 11 sanction on its own initiative.
Civil Procedure Apr. 18, 2000
Mauney v. CBS; Caroline Film Corp.
Order
Civil Procedure Apr. 18, 2000
Fleming v. Uphoff
Order
Civil Procedure Apr. 18, 2000
Gamble v. Carlton
Order
Civil Procedure Apr. 18, 2000
Rollin v. Frankel & Co. Inc.
Court lacks personal jurisdiction in class action suit by Arizona residents against New York and New Jersey market maker companies.
Civil Procedure Apr. 10, 2000
Performance Funding LLC v. Barcon Corp.
If appellee is not prejudiced, prematurely filed notice of appeal becomes effective when trial court clerk enters final judgment.
Civil Procedure Apr. 4, 2000
Cortez Byrd Chips v. Harbert Construction Co.
Under Federal Arbitration Act, motion to confirm, vacate or modify may be brought in district where award is made or any district under venue statute.
Civil Procedure Apr. 4, 2000
Maides v. Ralphs Grocery Co.
Under California Rules of Court, 60-day time period to file appeal is not shortened by limiting provisions of Rule 3(b).
Civil Procedure Mar. 31, 2000