| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C024268
|
Williams v. Saunders
Settlement cannot be enforced against party who doesn't participate in mediation or sign settlement agreement. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
S055436
|
Phelps v. Stostad
Costs recovery under Civil Procedure statute doesn't conflict with Labor Code's priority for allocation of judgment. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
B105552
|
Berman v. Bromberg
Third amended complaint is not sham pleading, although allegations contradict prior verified complaints. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
A073562
|
Lewin v. Anselmo
Sureties cannot rescind appeal bond without court order after notice and hearing to beneficiary. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
95-35092 and 95-35145
|
Schudel v. General Electric Co.
Trial court should not ignore erroneously admitted evidence in deciding post-verdict judgment notwithstanding verdict motion. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
96-15952
|
Russ v. Standard Insurance Co.
Court cannot dismiss action without prejudice to allow plaintiff's cure of inadvertent untimeliness of jury demand. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
96-35124
|
Shamrock Motors Inc. v. Ford Motor Co.
Federal court lacks jurisdiction over removed state court action to review agency decision solely on record. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
96-35632
|
Nusom v. Woodburn
Plaintiff may seek attorney fees after accepting offer, despite offer's silence regarding attorney fees. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
B083585
|
Martin v. County of Los Angeles
Action for equitable indemnity is legal action seeking legal relief, entitling plaintiff to jury trial. |
Civil Procedure |
|
Jun. 22, 1999 | |
|
B112291
|
Janssen v. Luu
Municipal court defendants must be given notice of amount demanded by plaintiff before default is entered. |
Civil Procedure |
|
Jun. 22, 1999 | |
|
95-17195 and 96-15012
|
George v. Camacho
In Northern Mariana Islands, appeal notices are filed within time allotted by Federal Rules and 9th Circuit. |
Civil Procedure |
|
Jun. 22, 1999 | |
|
A073562, A075014
|
Lewin v. Anselmo
Sureties cannot rescind appeal bond without court order after notice and hearing to beneficiary. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
B111565
|
Ramona v. Superior Court (Ramona)
Witness whose memory regarding incidents of sexual abuse was refreshed using sodium amytal cannot testify. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
S062156
|
Briggs v. Eden Council for Hope & Opportunity
Grant of special motion to strike is incorrect when underlying conduct isn't matter of public concern. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
94-16384
|
McCarthy v. Providential Corp.
Trial court order compelling arbitration and dismissing action is not final, appealable decision. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
96-16299
|
Barnes v. Logan
Arbitrator's award of punitive damages when personal injury not involved is supported by case law. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
B102884
|
Liebovich v. Shahrokhkhany
Code of Civil Procedure doesn't authorize service of notice to pay rent or quit by mail. |
Civil Procedure |
|
Jun. 20, 1999 | |
|
95-35819
|
Exxon Shipping Co. v. Airport Depot Diner Inc.
Avoiding conflict between federal law and application of local law doesn't warrant preemptive federal declaratory relief. |
Civil Procedure |
|
Jun. 20, 1999 | |
|
96-15663
|
United States v. Real Property
State investigation of gambling on claimant's property doesn't trigger limitations statute for federal forfeiture proceedings. |
Civil Procedure |
|
Jun. 20, 1999 | |
|
96-55362
|
National Distribution Agency v. Nationwide Mutual Insurance Co.
Dismissal isn't appealable if district court reserves option to amend to state more specific grounds. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
B090362
|
Bormann v. Chevron USA Inc.
Juror's reading during deliberation of statement prepared over the weekend is not misconduct. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
96-35043
|
Payne v. Exxon Corp.
No response to one defendant's discovery requests supports dismissing claim with prejudice against non-discovering defendant. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
95-15735
|
Sunkist Growers Inc. v. Fisher
After state court judgment against company, plaintiff can pursue shareholders under federal statutory trust remedy. |
Civil Procedure |
|
Jun. 17, 1999 | |
|
94-55542
|
Texaco Inc. v. Hatch & Parent
Claims priority to res in interpleader action is determined at filing and unaltered after fund's viability. |
Civil Procedure |
|
Jun. 17, 1999 | |
|
97-35275
|
American Games Inc. v. Trade Products Inc.
District court has discretion to vacate judgment on remand where post-judgment merger mooted appeal. |
Civil Procedure |
|
Jun. 17, 1999 | |
|
G022742
|
Harboring Villas Homeowners Association v. Superior Court (CE MAR Las Vegas IX Inc.)
Secured lenders of condominium units aren't indispensable parties in construction defect suit against developer. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
F025972
|
Hill v. City of Clovis
Stipulated 'judgment' that fails to dispose of all issues isn't appealable. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
A074522
|
California Shellfish Inc. v. United Shellfish Co.
Defendant must be served with complaint before deposition subpoena for business records is served on non-party. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
B112690
|
School District of Okaloosa County v. Superior Court (City of Orange)
Late-named defendant can disqualify judge despite fact time for other defendants to challenge expired. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
97-15356
|
Galt G/S v. JSS Scandinavia
Discretionary attorney fees may be included in amount in controversy for diversity jurisdiction purposes. |
Civil Procedure |
|
Jun. 16, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com