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Lechler v. City and County of San Francisco
Discrepancy between deposition testimony and declaration in opposition to summary judgment is credibility issue for jury.
Civil Procedure Mar. 29, 1999
Minetti v. Port of Seattle
Plaintiff isn't entitled to file written objections to recommendation that in forma pauperis application be denied.
Civil Procedure Mar. 29, 1999
De Tie v. Orange County
Government entity's pending bankruptcy petition tolls 120-day deadline for serving tort complaint against it.
Civil Procedure Mar. 29, 1999
Heritage Engineering Construction Inc. v. City of Industry
Amendment to cost-shifting statute applies to cases pending on appeal when amendment became effective.
Civil Procedure Mar. 29, 1999
Brock v. Air Products & Chemicals Inc.
Demurer must be overruled where complaint, uncontradicted by admissions, alleges defendants' products caused cancer.
Civil Procedure Mar. 29, 1999
Fukuda v. City of Angels Camp
City must prove in administrative mandamus proceedings that weight of evidence supports officer's termination.
Civil Procedure Mar. 29, 1999
Whoop Inc. v. Dyno Productions Inc.
Referee proceeding is properly treated as arbitration and award is confirmed under arbitration statutes.
Civil Procedure Mar. 29, 1999
Stoll v. Runyon
Excessive sex harassment inhibiting plaintiff's ability to file suit warrants equitable tolling of statute of limitations.
Civil Procedure Mar. 28, 1999
County of Los Angeles v. Ranger Insurance Co.
Insurance company estopped from disputing tolling order for forfeiture under temporary disability provision where company asked for tolling period.
Civil Procedure Mar. 28, 1999
Bolm v. Custodian of Records of the Tucson Police Department
Trial court's failure to hold in camera inspection and balance parties rights prior to ordering disclosure is error.
Civil Procedure Mar. 26, 1999
BCAZ Corporation v. Helgoe
An award of attorney fees on appeal is valid where a significant central issue is determined.
Civil Procedure Mar. 26, 1999
Mediterranean Construction Co. v. State Farm Fire and Casualty Co.
Courts must allow oral argument on summary judgment motions.
Civil Procedure Mar. 26, 1999
Gutierrez v. Givens
Allegation of conspiracy to undermine a state judgment is sufficient to establish personal jurisdiction in California court.
Civil Procedure Mar. 26, 1999
Coltrain v. Shewalter
Defendants prevail on motion to strike strategic lawsuit against public participation when plaintiffs voluntarily dismiss.
Civil Procedure Mar. 26, 1999
Collord v. U.S. Dept. of the Interior
Equal Access to Justice Act applies to mining claim contest proceedings.
Civil Procedure Mar. 26, 1999
Linney v. Cellular Alaska Partnership
No per se rule that continued participation by class counsel with conflict constitutes inadequate representation.
Civil Procedure Mar. 26, 1999
State v. Haley
No trial court error in denying mistrial motion when state doesn't disclose evidence it isn't required to develop.
Civil Procedure Mar. 24, 1999
Rivera v. Florida Dept. of Corrections
Prisoner who repeatedly files frivolous lawsuits can't use 'in forma pauperis' status for noncriminal matters.
Civil Procedure Mar. 24, 1999
Ajiwoju v. Housing Authority of Kansas City, Kansas
Order
Civil Procedure Mar. 24, 1999
Atkins v. Apfel
Request for fees on appeal under Equal Access to Justice Act requires consideration of result obtained.
Civil Procedure Mar. 24, 1999
Kim v. Kang
Court has jurisdiction to change interim rulings at any time prior to final judgment.
Civil Procedure Mar. 24, 1999
California Public Employs' Retirement v. Felzen
Non-party shareholders to settlement agreement don't have right to directly appeal, even in the interest of justice.
Civil Procedure Mar. 24, 1999
Romine v. Diversified Collection Services Inc.
Communications carrier's use of telegrams to obtain debtors' telephone numbers violates Fair Debt Collection Practices Act.
Civil Procedure Mar. 23, 1999
Stoll v. Runyon
Excessive sex harassment inhibiting plaintiff's ability to file suite warrants equitable tolling of statute of limitations.
Civil Procedure Mar. 23, 1999
Sementilli v. Trinidad Corp.
Doctor's testimony regarding cause of injury may be based on experience and review of medical records only.
Civil Procedure Mar. 19, 1999
Tliche v. Van Quathem
Failure to serve complaint in period prescribed by 'fast track' rules doesn't warrant dismissal.
Civil Procedure Mar. 19, 1999
Desrosiers v. Flight International of Florida Inc.
Court of appeals can't grant judgment as matter of law to party that didn't request it in trial court.
Civil Procedure Mar. 19, 1999
Surgin Surgical Instrumentation Incorp. v. Truck Insurance Exchange
Large punitive damage default judgment cannot stand where defendant wasn't given notice of amount sought.
Civil Procedure Mar. 19, 1999
Sementilli v. Trinidad Corporation
Doctor's testimony regarding cause of injury may be based on experience and review of medical records only.
Civil Procedure Mar. 19, 1999
Sementilli v. Trinidad Corp.
Doctor's testimony regarding cause of injury may be based on experience and review of medical records only.
Civil Procedure Mar. 19, 1999