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Name Category Published
Bradley v. Breen
Statute of limitations bars cross-complaint for equitable indemnity against decedent's estate even though cause of action had not accrued at decedent's death. 		Civil Procedure Sep. 2, 1999
Reese v. Wal-Mart Stores Inc.
Refusal to certify class of male shoppers harmed by 'Ladies Day' discounts was proper after determination that substantial benefits wouldn't accrue. 		Civil Procedure Sep. 2, 1999
Bagley v. TRW Inc.
Summary judgment motion denied by one judge and later transferred to another judge is still valid where no new facts are presented. 		Civil Procedure Sep. 2, 1999
Main Fiber Products Inc. v. Morgan & Franz Insurance Agency
Opposition to good-faith settlement agreement isn't proper when it is appealed from a final judgment. 		Civil Procedure Sep. 2, 1999
Glendale Federal Bank v. Hadden
Landlord's refusal to allow bank to cure forfeited lease is proper where bank isn't indispensable party and has no interest in lease once terminated. 		Civil Procedure Sep. 2, 1999
County of Orange v. Superior Court (Barrie)
After plaintiff was arrested in one county and transported to another, venue for suit against second county is improper in first county. 		Civil Procedure Sep. 2, 1999
Marriage of Reese
Notice of motion for sanctions under one code section doesn't permit the court to impose sanctions under different section. 		Civil Procedure Sep. 2, 1999
McCutchen v. City of Montclair
Collateral estoppel doesn't bar relitigation of probable cause for arrest if preliminary hearing included evidence unavailable at time of arrest 		Civil Procedure Sep. 1, 1999
Wayne Cook Enterprises Inc. v. Fain Properties Limited Partnership
Dismissal of action for untimely disclosure is warranted only where party, as opposed to party's attorney, bears some blame. 		Civil Procedure Aug. 11, 1999
U.S. v. One 1997 Mercedes, E420
The 60-day period for the government to file a civil forfeiture action applies to claim alleging laundering of drug money. 		Civil Procedure Aug. 6, 1999
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice. 		Civil Procedure Aug. 5, 1999
Wilson v. Safeway Stores Inc.
Fees and costs are included in determining if tort judgment is greater than settlement offer. 		Civil Procedure Aug. 5, 1999
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement. 		Civil Procedure Aug. 5, 1999
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs. 		Civil Procedure Aug. 5, 1999
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal. 		Civil Procedure Aug. 5, 1999
City of Vista v. Sutro & Co.
Finance director with power to execute agreements on city's behalf could bind city to arbitration agreement. 		Civil Procedure Aug. 5, 1999
Emerson Electric Co. v. Superior Court (Grayson)
Trial court has discretion to compel deponent to physically re-enact accident at videotaped deposition. 		Civil Procedure Aug. 4, 1999
The Stars' Desert Inn Hotel & Country Club Inc. v. Hwang
Foreign citizen's repeated failure to obey deposition and sanctions order supports default money judgment sanction. 		Civil Procedure Aug. 4, 1999
Seacall Development Ltd. v. Santa Monica Rent Control Board
Attorney's negligence isn't imputed to client where attorney's abandonment outweighs client's conduct, no prejudice to defendant exists, and dismissal is discretionary. 		Civil Procedure Aug. 4, 1999
Cravens v. State Board of Equalization for the State of California
Plaintiff cannot voluntarily dismiss without prejudice in lieu of opposition to summary judgment motion. 		Civil Procedure Aug. 4, 1999
Gray v. Superior Court (Hunter)
Plaintiff's right to voluntarily dismiss complaint is cut off by commencement of evidentiary proceedings before referee. 		Civil Procedure Aug. 4, 1999
Premium Commercial Services Corp. v. National Bank of California
Failure to include key provision in a settlement offer is not a mistake warranting relief from judgment. 		Civil Procedure Aug. 4, 1999
Dowden v. Superior Court
Work-product privilege may be asserted by litigants representing themselves. 		Civil Procedure Aug. 4, 1999
Local Motion Inc. v. Niescher
Prevailing party cannot dismiss remaining claims without prejudice in order to prevent appeal by loser. 		Civil Procedure Aug. 3, 1999
Sobremonte v. Superior Court (Bank of America National Trust and Savings Assn.)
Right to enforce arbitration is waived where party unreasonably delays its arbitration demand. 		Civil Procedure Aug. 2, 1999
Vorse v. Sarasy
Court cannot strike testimony pursuant to Evidence Code simply because it believes witness is lying. 		Civil Procedure Jul. 30, 1999
Glenfed Development Corp. v. Superior Court (National Union Fire Insurance Co. of Pittsburgh, PA.)
Discovery of insurance company's claims manual in coverage dispute doesn't depend on its admissibility at trial. 		Civil Procedure Jul. 30, 1999
Ash v. Hertz Corp.
Municipal court denial of motion to transfer to superior court is only appealable after final judgment. 		Civil Procedure Jul. 30, 1999
Indian Oasis-Baboquivari Unified School District No. 40OF v. Kirk
Order dismissing plaintiff's claim without prejudice bars appeal of order dismissing co-plaintiff's claim with prejudice. 		Civil Procedure Jul. 30, 1999
Elko County Grand Jury v. Siminoe
Despite federal court's inability to address merits, state court lacks authority to subpoena federal employee. 		Civil Procedure Jul. 29, 1999
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