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Name Category Published
Elsaas v. County of Placer
District court doesn't have jurisdiction over wrongful termination case brought by county employees where there is no diversity or pendent party jurisdiction. 		Civil Procedure Apr. 29, 1999
Sy First Family Limited Partnership v. Cheung
Although stipulation uses the term 'reference' in its title, parties' conduct supports finding for arbitration. 		Civil Procedure Apr. 28, 1999
U.S. v. Real Property Known as 22249 Dolorosa Street, Woodland Hills, CA
Civil forfeiture claimant, who withdraws claim after adverse probable cause hearing, retains standing on appeal. 		Civil Procedure Apr. 26, 1999
Bear Lodge Multiple Use Association v. Babbitt
Rock climbers lack standing to challenge federal management plan for climbing area. 		Civil Procedure Apr. 26, 1999
Gordon v. Law Offices of Aguirre & Meyer
Equitable tolling doesn't apply to limitations period for legal malpractice action. 		Civil Procedure Apr. 21, 1999
Washington Mutual Bank v. The Superior Court of Orange County (Briseno)
Certification of nationwide class proper despite choice of law clause in each class member's security instrument. 		Civil Procedure Apr. 21, 1999
Jahr v. Casebeer
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress. 		Civil Procedure Apr. 21, 1999
Hu v. Silgan Containers Corp.
Dismissal for failure to pay filing fee is proper where elements for equitable tolling cannot be alleged. 		Civil Procedure Apr. 21, 1999
Bonds v. Roy
Expert testimony may be excluded at trial where expert witness declaration doesn't provide for notice of subject matter. 		Civil Procedure Apr. 21, 1999
Whoop Inc. v. Dyno Productions Inc.
Referee proceeding is properly treated as arbitration and award is confirmed under arbitration statutes. 		Civil Procedure Apr. 19, 1999
DeCuir v. County of Los Angeles
Mandamus is sole remedy for applicant aggrieved by civil service examination process. 		Civil Procedure Apr. 19, 1999
Bell v. State of California
Juror's physical experiment intended to recreate arrest of plaintiff is prejudicial misconduct requiring new trial. 		Civil Procedure Apr. 14, 1999
Kim v. Superior Court (Palmco Corp.)
Original stipulation for temporary judge doesn't authorize court to appoint different judge without both parties' consent. 		Civil Procedure Apr. 14, 1999
Bell v. State of California
Juror's physical experiment intended to recreate arrest of plaintiff is prejudicial misconduct requiring new trial. 		Civil Procedure Apr. 14, 1999
Davidson v. Superior Court (City of Mendota)
Contempt order can't be issued against a petitioner where order is based on a settlement agreement petitioner never personally signed. 		Civil Procedure Apr. 14, 1999
Kumho Tire Co. v. Carmichael
'Gatekeeping' obligation of evidentiary rule applies not just to 'scientific' testimony, but to all expert testimony. 		Civil Procedure Apr. 13, 1999
Norco Delivery Service Inc. v. Owens-Corning Fiberglas Inc.
Court approving good faith settlement may dismiss 'direct' claims that are artfully pleaded claims for indemnity or contribution. 		Civil Procedure Apr. 13, 1999
Rivers v. The Walt Disney Company
Staying proceedings in class action pending outcome of motion to consolidate serves judicial economy interests. 		Civil Procedure Apr. 13, 1999
Glasser v. Glasser
Appeal is dismissed as untimely based on trial court's finding regarding date of service of judgment. 		Civil Procedure Apr. 13, 1999
Barber v. Miller
Rule 11 sanctions can't be imposed where action was dismissed before sanctions were sought. 		Civil Procedure Apr. 13, 1999
Kennedy v. Superior Court (Lucky Stores Inc.)
Party submitting to medical examination is entitled to report of examination and may depose examining physician. 		Civil Procedure Apr. 13, 1999
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made prior to judgment and filed within time to file for new trial. 		Civil Procedure Apr. 13, 1999
Gatton v. A.P Green Services Inc.
Deposition testimony that is inadmissible hearsay doesn't create triable issue of fact defeating summary judgment. 		Civil Procedure Apr. 13, 1999
Hanlon v. Chrysler Corp.
Class representative in state class action can't opt whole state out of federal class action without individuals' consent. 		Civil Procedure Apr. 13, 1999
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made prior to judgment and filed within time to file for new trial. 		Civil Procedure Apr. 12, 1999
Molen v. Friedman
Well pleaded complaint doctrine doesn't apply to collateral attack upon complaint. 		Civil Procedure Apr. 12, 1999
Lazarus v. Titmus
Motion to compel arbitration is properly denied where no evidence of party's consent to arbitration exists. 		Civil Procedure Apr. 12, 1999
Sierra Craft Inc. v. Magnum Enterprises Inc.
Local rule purporting to allow summary judgment in favor of non-moving party is void. 		Civil Procedure Apr. 12, 1999
Atchison, Topeka and Santa Fe Railway Co. v. Hercules Inc.
Scheduling order barring late-filed third party claims doesn't bar assertion of permissive claims in separate actions. 		Civil Procedure Apr. 12, 1999
Slaven v. American Trading Transportation Co.
Party that unconditionally stipulates to settlement and entry of judgment may not appeal. 		Civil Procedure Apr. 12, 1999
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