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Name Category Published
Jackson v. Wells Fargo Bank
Stipulation to 'artificially' dismiss claim to allow appeal of summarily adjudicated issues is not permitted. 		Civil Procedure Jul. 9, 1999
Hosking v. Carrier Corporation et al.
Despite voluntary dismissal of action,defendant is entitled to attorney feesunder terms of contract. 		Civil Procedure Jul. 8, 1999
Pham v. Nguyen
Continuance requests stipulated to by both parties are encouraged to be granted despite not warranted here. 		Civil Procedure Jul. 8, 1999
TwoRivers v. Lewis
State law regarding retroactive application of amended statute doesn't apply even if state limitation period is adopted in federal civil rights claim. 		Civil Procedure Jul. 7, 1999
Jauregi v. Superior Court (People)
Hearsay isn't admissible to prove standing in drug trafficking related forfeiture proceeding. 		Civil Procedure Jul. 7, 1999
South Bay Building Enterprises Inc. v. Riviera Lend-Lease Inc.
Complaint can be amended at trial when operative facts are included in complaint and evidence supporting liability is adduced from defense witnesses. 		Civil Procedure Jul. 7, 1999
Mayhew v. Benninghoff
Attorney's failure to dispel presumption he took undue advantage of client requires denial of arbitration request. 		Civil Procedure Jul. 7, 1999
Cox v. California Highway Patrol
Forfeiture statute's requirement for hearing within 90 days of seizure is directory. 		Civil Procedure Jul. 7, 1999
Estate of William A. McCall v. Four Star Music Co.
Tennessee settlement as to one tortfeasor, including California satisfaction of judgment, doesn't release nonsettling party. 		Civil Procedure Jul. 6, 1999
United States ex rel. Gibeault v. Texas Instruments Corp.
District court can restructure settlement in False Claims Act case to secure government's share of proceeds. 		Civil Procedure Jul. 6, 1999
Budget Rent-A-Car Inc. v. Higashiguchi
Declaratory action plaintiff meets jurisdictional amount in controversy by aggregating multiple claims against single insured. 		Civil Procedure Jul. 6, 1999
Tylo v. Superior Court (Spelling Entertainment Group Inc.)
Deposition questions relating to actress' emotional distress from her marriage constitute impermissible 'fishing expedition.' 		Civil Procedure Jul. 6, 1999
Korea Data Systems Co. Ltd. v. Superior Court (Aamazing Technologies Corp.)
Waiver of attorney-client privilege is not authorized sanction for failure to file timely privilege log. 		Civil Procedure Jul. 6, 1999
Pate v. Channel Lumber Co.
Evidence preclusion sanction against defendant for 'playing fast' with discovery rules is justified. 		Civil Procedure Jul. 6, 1999
Kingston Constructors Inc. v. Washington Metropolitan Area Transit Authority
California courts lack jurisdiction over actions brought by or against Washington D.C. transit authority. 		Civil Procedure Jul. 6, 1999
Tran v. Fountain Valley Community Hospital
Minor's medical negligence action, filed on eighth birthday, is timely since deadline was a holiday. 		Civil Procedure Jul. 6, 1999
Eckhart v. Genuine Parts Distributors
Partial dismissal and transfer order is not appealable until incorporated into final judgment. 		Civil Procedure Jul. 6, 1999
Offshore Sportswear Inc. v. Vuarnet International B.V.
In action dismissed without prejudice to enforce forum selection clause, plaintiff cannot relitigate same issue. 		Civil Procedure Jul. 6, 1999
La Galleria Condominium Owners' Association v. Wells Fargo Bank, N.A.
Award of attorney fees to defendant as prevailing party after plaintiffs' voluntary dismissal is error. 		Civil Procedure Jul. 5, 1999
Acri v. Varian Assoc. Inc.
District court can exercise supplemental jurisdiction over state claims without determining whether it should be declined. 		Civil Procedure Jul. 3, 1999
U.S. v. $49,576 U.S. Currency
No civil forfeiture after drug-detecting dog alerts to bag of suspicious airline passenger fitting profile. 		Civil Procedure Jul. 3, 1999
Williams v. Saunders
Settlement cannot be enforced against party who doesn't participate in mediation or sign settlement agreement. 		Civil Procedure Jul. 3, 1999
Pillsbury, Madison & Sutro v. Schectman
Documents improperly removed from law firm's office for use in litigation violates firm's ownership interest. 		Civil Procedure Jul. 3, 1999
Lu v. Superior Court (Grand Lincoln Village Homeowner Assoc.)
Court has authority to appoint discovery referee in complex litigation involving construction defects in condominiums. 		Civil Procedure Jul. 3, 1999
Nathan v. Boeing Co.
In diversity action, federal law governs district court's evaluation of cause challenges in selecting jurors. 		Civil Procedure Jul. 3, 1999
Amchem Products Inc. v. Windsor
Sprawling class certified by district court in asbestos case doesn't satisfy class-action rule requirements. 		Civil Procedure Jul. 2, 1999
Be v. Western Truck Exchange
Plaintiff cannot enter into good faith settlement with cross-defendant after verdict in main action. 		Civil Procedure Jul. 1, 1999
Klehr v. A. O. Smith Corp.
'Last predicate act' rule isn't appropriate interpretation of RICO. 		Civil Procedure Jul. 1, 1999
Pomona Valley Hospital Medical Center v. Superior Court (Bressman)
Augmenting administrative record is wrong if new evidence is irrelevant to issue of fair administrative hearing. 		Civil Procedure Jun. 29, 1999
Briones v. Riviera Hotel & Casino
Relief from default for excusable neglect requires considering same factors in motions to extend time. 		Civil Procedure Jun. 29, 1999
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