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Fox v. Noram Energy Corp.
Order
Civil Procedure Oct. 27, 1999
Chesapeake Operating Inc. v. Valence Operating Co.
Recovery of prejudgment interest permitted if damage award is certain or capable of ascertainment by calculation.
Civil Procedure Oct. 27, 1999
Huffman v. Saul Holdings Ltd. Partnership
Improper grant of summary judgment on merits of case entitles moving party to have case remanded from federal to state court.
Civil Procedure Oct. 27, 1999
Certain Underwriters at Lloyds v. Western Pacific Roofing Corp.
Underwriter that is not a party to the litigation cannot be summarily added by the court as a judgment debtor.
Civil Procedure Oct. 22, 1999
Woo v. Superior Court (Zarabi)
Relation back does not save time barred claim where new information in amended complaint was readily available when original complaint was filed.
Civil Procedure Oct. 22, 1999
St. Joe Minerals Corp. v. Zurich Insurance Co.
Minute order granting the insured's motion for summary adjudication on the duty to defense issue is not appealable.
Civil Procedure Oct. 22, 1999
Williams v. Board of Permit Appeals
Trial court properly denies attorney fees where appellant had a significant individual stake in the outcome of the litigation.
Civil Procedure Oct. 21, 1999
Bolkiah v. Superior Court (Bijan Fragrances Inc.)
Failure to hold an official position in foreign government precludes defendants from asserting Foreign Sovereign Immunities Act for service of process purposes.
Civil Procedure Oct. 21, 1999
Rand v. Rowland
District court itself must give pro se prisoner litigant notice and explanation of summary judgment motion.
Civil Procedure Oct. 19, 1999
Marriage of Davis
Attorney misconduct, resulting in trial judge's recusal, is a proper basis for conducting a new trial.
Civil Procedure Oct. 13, 1999
Domingo v. Los Angeles County Metropolitan Transportation Authority
Thirty-day period to file for trial de novo from arbitrator's award does not begin to toll until proper service by arbitrator.
Civil Procedure Sep. 30, 1999
Durgom v. Janowiak
If well-pleaded complaint alleges only nonpayment of royalties, raising federal-question defense doesn't divest state court of jurisdiction.
Civil Procedure Sep. 23, 1999
Berclain America Latina S.A. de C.V. v. Baan Co. N.V.
Nonparty lacks standing to enforce contractual forum selection clause.
Civil Procedure Sep. 23, 1999
Datig v. Dove Books, Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice.
Civil Procedure Sep. 22, 1999
Vandenberg v. Superior Court (Centennial Insurance Co.)
Collateral estoppel doesn't prevent party to nonjudicial arbitration from relitigating issue against nonparty, unless there was agreement to that effect.
Civil Procedure Sep. 22, 1999
Demont v. Defrantz
Defendant may have known that defamatory statements would injure plaintiff in his state of residence.
Civil Procedure Sep. 20, 1999
Chahal v. Superior Court (Greyhound Lines Inc.)
Legal certainty that claim doesn't meet superior court's amount-in-controversy jurisdiction is required before action can be transferred to municipal court.
Civil Procedure Sep. 13, 1999
Reed v. Wilson
Despite defendants' offer to compromise being rejected, they weren't entitled to offset costs with excess portion of remaining settlement.
Civil Procedure Sep. 13, 1999
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of forfeiture action are prevailing parties and entitled to attorney fees.
Civil Procedure Sep. 8, 1999
Project Sentinel v. Evergreen Ridge Apartments
Organization's abstract social interests, and it expending funds on litigation to further its interests, doesn't create standing.
Civil Procedure Sep. 8, 1999
McKelvey v. Boeing North American Inc.
Claims are time-barred when plaintiffs admit publicity surrounding defendants' conduct and don't allege facts showing why they didn't make earlier discovery.
Civil Procedure Sep. 7, 1999
Grell v. Laci Le Beau Corp.
Suspension of corporate status doesn't toll statute of limitations against now-revived corporation.
Civil Procedure Sep. 7, 1999
Nebel v. Sulak
Judgment debtor examinations are public judicial proceedings and may be observed by disinterested third parties.
Civil Procedure Sep. 7, 1999
Gordon's Cabinet Shop v. State Compensation Insurance Fund
In coordination proceedings, the five-year statute of limitations is not tolled unless a stay is granted.
Civil Procedure Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself.
Civil Procedure Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
Weissman v. Quail Lodge Inc.
Attorney isn't subject to sanctions as vexatious litigant for conduct done in the course of representing a client.
Civil Procedure Sep. 3, 1999
Datig v. Dove Books Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice.
Civil Procedure Sep. 2, 1999
Division of Labor Standards Enforcement v. Rhee
Prevailing party in action brought by Division of Labor Standards Enforcement may be awarded costs, despite statute prohibiting such cost awards.
Civil Procedure Sep. 2, 1999