| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C025463
|
Staten v. Heale
Request for statement of decision after court issues tentative decision is properly rejected as untimely. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
95-16047
|
Bevard v. Farmers Insurance Exchange
Plaintiff is liable for costs after not improving position by rejecting defendant's offer and having trial. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
D027302
|
Reveles v. Toyota By The Bay
Court can retain jurisdiction to determine prevailing party even when judgment is entered by agreement. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
B112941
|
Chong v. Superior Court (HBZ Finance Ltd.)
Local proceedings must be stayed absent evidence foreign courts will not provide due process. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
96-55641
|
N/S Corp. v. Liberty Mutual Insurance Co.
Plaintiff's multiple breaches of appellate briefing rules warrants striking brief and dismissing appeal. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
D028092
|
Bodell Construction Co. v. Trustees of the California State University
Prejudgment interest earned after service of Section 998 offer is excluded when comparing offer to judgment. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
B116328
|
Interactive Multimedia Artists Inc. v. Superior Court (Allstate Insurance Co.)
No right to jury trial in action for breach of fiduciary duty. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
A076918
|
Hamilton v. Laine
Trial court cannot enter nunc pro tunc order amending judgment to establish special needs trust. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
C024727
|
Bernasconi Commercial Real Estate v. St. Joseph's Regional Health System
No statutory-mandated relief from dismissal for untimely complaint service based on attorney's fault affidavit. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
97-176
|
In re Sanchez
Deposition subpoena provisions of Federal Contested Elections Act are constitutional. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
A068031
|
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
B109424
|
Great Western Bank v. Converse Consultants Inc.
Cross-defendant is entitled to costs as prevailing party on cross-complaints after settlement with plaintiffs. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
96-35983
|
Sofamor Danek Group Inc. v. Brown
State official is subject to suit in federal court for violating federal trademark law. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
C025573
|
J.A.T. Entertainment Inc. v. Reed
Attorney's uncontroverted sworn statement of fault requires relief from dismissal without prejudice. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
95-15428
|
Rand v. Rowland
Notice to pro se prisoner of summary judgment requirements may come from either court or moving party. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
B100260
|
Byers v. Cathcart
Anti-harassment injunction cannot be used to bar neighbor from parking along side driveway easement. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
H016221
|
Swan Magnetics, Inc. v. Superior Court (Antek Peripherals, Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
H016221
|
Swan Magnetics Inc. v. Superior Court (Antek Peripherals Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
G016554
|
Argame v. Werasophon
Defendants' failure to move to compel damages statement waives right to exclude damages evidence at trial. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
F025980
|
Maxwell v. Cooltech Inc.
Serving opposing party's attorney with record of motion to vacate dismissal is valid. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
93-55947
|
United States v. $405,089.23
Large cash sum alone doesn't establish connection between money and illegal drug activity for forfeiture. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
95-36269
|
State of Alaska v. Suburban Propane Gas Corp.
Intervention motion by putative class member to appeal denial of class certification is timely. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
B097410
|
People v. $497,590 U.S. Currency
Money can be forfeited based on evidence it was part of drug money laundering scheme. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
A068031
|
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
B114112
|
Scottsdale Insurance Co. v. Superior Court (Spyglass Homeowners Assoc.)
Party waives objection to production of documents under attorney-client privilege by not expressly stating it. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
96-17016
|
Planned Parenthood of Southern Arizona v. Neely
Successful challengers of state abortion law cannot supplement complaint after judgment to attack amended statute. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
96-55473
|
Williams v. MGM-Pathe Communications Co.
In class-action settlement, attorney fees are based on percentage of entire settlement fund or lodestar. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
A075581
|
People v. Certain Real Property Situated in Mendocino County
Hague Service Convention is inapplicable to service on owner of forfeited property living in Spain. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
A077819
|
Allen-Pacific Ltd. v. Superior Court (Chan)
Absent party's signature or oath, truth of matters in requests for admissions is deemed admitted. |
Civil Procedure |
|
Jun. 9, 1999 | |
|
B109100
|
Sexton v. Superior Court (Mullikin Medical Center)
Court must deny late filed motion to compel production of documents. |
Civil Procedure |
|
Jun. 9, 1999 |
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