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Weingarten Realty Investors v. Chiang
Judgment creditor who was assignee may claim cash and other property previously escheated to state because statute does not limit claims to owners.
Civil Procedure Dec. 19, 2012
In re Insurance Installment Fee Cases
In consumer class action, insurer may recover costs incurred in sending notices to class members regarding discovery of their personal information.
Civil Procedure Dec. 13, 2012
Canaan Taiwanese Christian Church v. All World Mission Ministries
Pastor is incorrectly required to sign settlement agreement in his personal capacity and to release his personal claims against religious corporation.
Civil Procedure Dec. 12, 2012
United States v. $999,830 in United States Currency
Person who claims ownership to $999,830 in U.S. currency seized by government has standing to challenge government’s forfeiture.
Civil Procedure Dec. 10, 2012
Sino Century Development Limited v. Farley
Trial court may not award attorney fees as sanction for violation of California Rule of Court, which required notification of bankruptcy court’s stay.
Civil Procedure Dec. 3, 2012
Mount Hope Church v. Bash Back!
Internet service provider is not entitled to attorney fees following denial of church’s subpoena seeking email addresses of gay rights group members.
Civil Procedure Nov. 27, 2012
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief.
Civil Procedure Nov. 19, 2012
Barabin v. AstenJohnson Inc.
Doctor who testified in prior asbestos injury cases may not testify in current case until court first evaluates methodology behind his expert opinion.
Civil Procedure Nov. 19, 2012
People v. United States Fire Insurance Co.
After prevailing in bail bond forfeiture proceedings, county counsel may recover costs incurred in successfully opposing motions, but not attorney fees.
Civil Procedure Nov. 9, 2012
Lebel v. Mai
Tenant may not sue lessor who lives overseas where she did not ask about foreign residence and served lessor's mother with complaint in California.
Civil Procedure Nov. 7, 2012
People ex rel. Strathman v. Acacia Research Corp.
Anti-SLAPP statute cannot be used to strike employee's qui tam action against biotechnology corporation alleging filing of fraudulent insurance claim.
Civil Procedure Oct. 25, 2012
Doe #1 v. Reed
Washington does not have to stop release of names of people who signed petitions to overturn bill that expanded domestic partners’ rights.
Civil Procedure Oct. 24, 2012
Young v. Tri-City Healthcare District
Court may hear hospital's request for reconsideration of ruling where hospital filed similar appeal contesting ruling in favor of fired doctor.
Civil Procedure Oct. 18, 2012
United States v. U.S. District Court (Baldwin)
Government does not need to send Assistant Attorney General to initial settlement conference regarding tax dispute.
Civil Procedure Oct. 17, 2012
Mastick v. TD Ameritrade Inc.
When investor sues her accountant based on agreement governed by California law, federal law does not require arbitration of case.
Civil Procedure Oct. 11, 2012
Phillips v. Sprint PCS
Despite denying phone company’s motion to compel arbitration, trial court may reconsider decision after Supreme Court holding significantly alters California law.
Civil Procedure Sep. 27, 2012
E.A., a Minor
Appeals court will not hear issues when father's attorney objected to lower court’s orders without giving grounds for objections.
Civil Procedure Sep. 27, 2012
Lane v. Facebook Inc.
Facebook’s $9.5 million settlement regarding privacy violations is fair, even if majority of payments will be made to organization dedicated to online privacy.
Civil Procedure Sep. 21, 2012
United States v. U.S. District Court (Baldwin)
Government does not need to send Assistant Attorney General to settlement conference regarding tax dispute.
Civil Procedure Sep. 13, 2012
Dennis v. Kellogg Co.
Class action settlement improperly funds charities devoted to feeding the poor, when lawsuit was not related to that goal.
Civil Procedure Sep. 5, 2012
Reyes v. Liberman Broadcasting Inc.
Employer that did not assert right to compel arbitration for months does not waive right where it acted consistently with its rights.
Civil Procedure Sep. 4, 2012
County of Los Angeles Dept. of Regional Planning v. Superior Court (Pham)
Trial court may not appoint employees of public entity as confidential expert witnesses where entity objected and had interest contrary to party seeking appointment.
Civil Procedure Aug. 29, 2012
Costa v. Commissioner of Social Security Administration
Magistrate judge's reduction of requested attorney fees based on 'reasonable amount of time' to spend on routine social security cases is abuse of discretion.
Civil Procedure Aug. 27, 2012
Comerica Bank v. Howsam
Domestic disclosure rules are inapplicable when arbitrator made disclosure after proceedings commenced in international arbitration matter.
Civil Procedure Aug. 21, 2012
Diepenbrock v. Brown
Sanctions are improperly imposed where split in authority on disputed issue created substantial justification for party to oppose motion.
Civil Procedure Aug. 21, 2012
Dowling v. Farmers Insurance Exchange
Stipulated trial deadline for class action matter is tolled where language of stipulation contemplated future tolling events after agreement was drafted.
Civil Procedure Aug. 17, 2012
Nemecek & Cole v. Horn
Arbitrator is not required to disclose participation in bar association committee even if attorney, who worked for defendant law firm, also participated.
Civil Procedure Aug. 16, 2012
City of Maywood v. Los Angeles Unified School District
Non-pecuniary motives do not disqualify public entity litigants from obtaining attorney fees pursuant to Code of Civil Procedure Section 1021.5.
Civil Procedure Aug. 15, 2012
Rodriguez v. Disner
Court may deny attorney fees in class action where counsel knowingly created conflicts of interests among clients without informed consent.
Civil Procedure Aug. 13, 2012
The Scotts Co. LLC v. Seeds Inc.
In evaluating realignment of parties, federal court may not consider claims made in different case.
Civil Procedure Aug. 13, 2012