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The Reynolds and Reynolds Co. v. Universal Forms, Labels & Systems Inc.
Non-debtor spouse named solely as community representative can opt not to participate in litigation.
Civil Procedure Jun. 8, 1999
League of United Latin American Citizens v. Wilson
Party cannot intervene in suit regarding Proposition 187 after waiting 27 months to request intervention.
Civil Procedure Jun. 8, 1999
United States v. $129,727.00 U.S. Currency
Government gets money forfeiture judgment on preliminary probable cause showing absent evidence of non-drug-related source.
Civil Procedure Jun. 7, 1999
United States v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture.
Civil Procedure Jun. 7, 1999
Gulliford v. Pierce County
Legally correct proposed jury instruction can serve as objection for purpose of appeal.
Civil Procedure Jun. 7, 1999
Meller & Snyder v. R & T Properties Inc.
Alleged joint debtor has due process right to contest merits of liability claim.
Civil Procedure Jun. 7, 1999
Chicago v. Int'l College of Surgeons
Federal jurisdiction exists for claim local administrative action violates federal law and state law claim.
Civil Procedure Jun. 6, 1999
Mercury Insurance Group v. Superior Court (Wooster)
Uninsured motorist and personal injury suits can be consolidated for arbitration but not trial de novo.
Civil Procedure Jun. 6, 1999
Four Point Entertainment Inc. v. New World Entertainment Ltd.
Appeals will not be taken from stipulated judgments that are final in name only.
Civil Procedure Jun. 6, 1999
Pandazos v. Superior County (Thompson)
Party can exercise peremptory challenge against judge after reversal of jury's judgment in medical malpractice action.
Civil Procedure Jun. 6, 1999
Maribel v. Superior Court of Sacramento County (Sacramento County Department of Health and Human Services)
Judicial Council cannot amend court rule in manner that contradicts statute.
Civil Procedure Jun. 6, 1999
Ochoa v. Pacific Gas and Electric Co.
Where declaration lacks foundation, it is insufficient to raise triable issue of material fact.
Civil Procedure Jun. 6, 1999
Chavez v. Immigration and Nationalization Service
Personal injury claim against individual employees of federal agencies is barred by the statute of limitations based on case precedent.
Civil Procedure Jun. 4, 1999
Baldwin v. Home Savings of America
Reconsideration motion based on 'different law' must satisfy diligence requirement showing why information not presented earlier.
Civil Procedure Jun. 4, 1999
Lapine Technology Corp. v. Kyocera Corp.
If parties agree, federal court can expand review of arbitration award beyond Federal Arbitration Act grounds.
Civil Procedure Jun. 4, 1999
McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal.
Civil Procedure Jun. 4, 1999
Hetzel v. Prince William County, Virginia
Judgment entered for lesser amount than determined by jury without allowing new trial violates Seventh Amendment.
Civil Procedure Jun. 4, 1999
United States v. $133,735.30 Seized from U.S. Bancorp Brokerage Account No. 32130630
Government sufficiently disgorges benefit derived from holding improperly seized funds by paying accrued interest.
Civil Procedure Jun. 4, 1999
Dadesho v. Government of Iraq
Notice of appeal filed by foreign government more than 30 days after judgment is untimely.
Civil Procedure Jun. 4, 1999
Efstratis v. First Northern Bank of Dixon
Confession of judgment by party who is also an attorney is invalid since independent counselor required.
Civil Procedure Jun. 3, 1999
Urban Pacific Corporation v. Superior Court (Steiner & Libo)
Business records subpoena cannot be used to avoid court reporter's fee for copy of deposition transcript.
Civil Procedure Jun. 3, 1999
Emerson Electric Co. v. Superior Court (Grayson)
Deponent's failure to comply with order compelling nonverbal 'answer' warrants sanctions, including evidence preclusion.
Civil Procedure Jun. 3, 1999
Morrow v. Hood Communications Inc.
Stipulated reversal motion having no collateral estoppel effect or effect on future litigation is granted.
Civil Procedure Jun. 3, 1999
Pfizer Inc. v. Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage.
Civil Procedure Jun. 3, 1999
Taggares v. Superior Court (Mitchell)
Where party indigent, cost-free option should be made available to settle discovery disputes.
Civil Procedure Jun. 3, 1999
Saba v. Crater
An offer to compromise must be in writing to satisfy requirements of Civil Procedure Code.
Civil Procedure Jun. 3, 1999
Sloan v. West
Appeals of Merit System Protection Board jurisdictional decisions in 'mixed cases' belong in Federal Circuit.
Civil Procedure Jun. 3, 1999
U.S. v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture.
Civil Procedure Jun. 3, 1999
Kyle v. Carmon
Order striking complaint after voluntary dismissal of strategic lawsuit against public participation doesn't preclude simultaneous award of attorney's fees.
Civil Procedure Jun. 3, 1999
People v. 6344 Skyway, Paradise, California
Owners of property seized in civil forfeiture aren't required to pay storage costs for items found not traceable to drug proceeds.
Civil Procedure Jun. 3, 1999