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United States v. Real Property
In civil forfeiture action against property, due process doesn't require owner actually receive notice of proceeding.
Civil Procedure May 21, 1999
Goehring v. Superior Court (Bernier)
Personal jurisdiction over general partners depends upon each partner's individual conduct.
Civil Procedure May 21, 1999
Corrigan v. Bargala
Failure of clerk to enter separate judgment keeps notice of appeal time from running.
Civil Procedure May 21, 1999
Rivet v. Regions Bank of Louisiana
Claim preclusion by reason of a prior federal judgment doesn't provide basis for removal.
Civil Procedure May 20, 1999
Law Offices of Herzog v. Law Offices of Fredrics
Court can grant petition to compel arbitration based on oral stipulation between attorneys.
Civil Procedure May 20, 1999
Contra Costa Newspapers Inc. v. Superior Court (Bishop)
Court order restricting press contact with former jurors is without jurisdiction and is impermissibly overbroad.
Civil Procedure May 20, 1999
Hollister v. Benzl
A patient is bound by an arbitration agreement with a physician if she voluntarily signed it prior to receiving medical treatment.
Civil Procedure May 20, 1999
Thompson v. Friendly Hills Regional Medical Center
Motion for new trial isn't supported by allegation of jury misconduct in adding attorney fees to an award for damages.
Civil Procedure May 20, 1999
Haley v. Dow Lewis Motors
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff.
Civil Procedure May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
Wooster v. Mercury Ins. Group
Uninsured motorist and personal injury suits can be consolidated for arbitration but not trial de novo.
Civil Procedure May 13, 1999
Washington Mutual Bank v. Superior Court (Briseno)
Certification of nationwide class proper despite choice of law clause in each class member's security instrument.
Civil Procedure May 13, 1999
Elbert v. Howmedica Inc.
On motion for judgment following appellate decision excluding evidence, court must consider excluded evidence.
Civil Procedure May 11, 1999
United National Insurance Co. v. R & D Latex Corp.
District court must articulate reasons for exercising discretionary jurisdiction in declaratory judgment action.
Civil Procedure May 11, 1999
Hughes v. City of Pomona
Notice of appeal regarding submitted matter must be filed within 60 days after clerk mails judgment.
Civil Procedure May 10, 1999
Jones v. Dumrichob
Discretionary award of expert witness fees under Code of Civil Procedure Section 998 is justified.
Civil Procedure May 10, 1999
Flanagan v. Arnaiz
Federal court that retains jurisdiction of disputes involving settlement agreement may enjoin related state proceedings.
Civil Procedure May 10, 1999
U.S. v. Shoop
Opinion
Civil Procedure May 10, 1999
Garcia v. General Motors Corp.
Choice-of-law principles require that Arizona law applies when only connection to Idaho is that single car accident occurred there.
Civil Procedure May 9, 1999
Gonzalez v. Hughes Aircraft Employees Federal Credit Union
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress.
Civil Procedure May 6, 1999
Guzman v. Visalia Community Bank
Criticism of an offer is part of the negotiating process under Code of Civil Procedure Section 998, and therefore doesn't constitute a rejection of that offer.
Civil Procedure May 6, 1999
TMS Inc. v. Aihara
Appeal from judgment may be dismissed when judgment debtor willfully fails to comply with court order.
Civil Procedure May 6, 1999
Williams v. San Francisco Board of Permit Appeals
Attorney fees for private enforcement of public rights allowed when there's significant benefit to community at large.
Civil Procedure May 6, 1999
Gwartz v. Superior Court (Richman)
Trial courts are required to hold oral argument before deciding summary judgment motion.
Civil Procedure May 6, 1999
Skaar v. Albuquerque Public Schools
Order
Civil Procedure May 6, 1999
Jones v. Trawick
Order
Civil Procedure May 5, 1999
LaFont v. Decker-Angel
Order
Civil Procedure May 2, 1999
Singer v. Superior Court (Wilson)
Superior court can't transfer civil action to municipal court unless it determines award will 'necessary' be less than its jurisdictional requirement.
Civil Procedure Apr. 29, 1999
WRS Motion Picture v. Post Modern Edit Inc.
Removal to federal court on diversity grounds requires remand under 'no-local-defendant' rule unless case has already proceeded to judgment on merits.
Civil Procedure Apr. 29, 1999