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Potrero Hills Landfill Inc. v. County of Solano
Court may not abstain from its duty to adjudicate federal claim where private mandamus action did not interfere with basic state function.
Civil Procedure Sep. 14, 2011
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings.
Civil Procedure Sep. 14, 2011
Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state.
Civil Procedure Sep. 13, 2011
Chevron U.S.A. Inc. v. M&M Petroleum Services Inc.
Franchisor may recover attorney fees against franchisee where franchisee brought frivolous counterclaim against franchisor under Petroleum Marketing Practices Act.
Civil Procedure Sep. 13, 2011
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision.
Civil Procedure Sep. 9, 2011
Cervantes v. Countrywide Home Loans Inc.
Dismissal of wrongful foreclosure claim without leave to amend is proper because Arizona state law does not recognize such cause of action.
Civil Procedure Sep. 8, 2011
R.R. Street & Co. Inc. v. Transport Insurance Co.
Court may dismiss mirroring federal action where avoidance of piecemeal litigation and significant progress in state action weighed against exercising jurisdiction.
Civil Procedure Sep. 6, 2011
Kayne v. The Grande Holdings Limited
Court properly issues sanctions for disorganized document production where defendant failed to present evidence that documents were found as such.
Civil Procedure Sep. 6, 2011
PacifiCare of California v. Bright Medical Associates Inc.
Court has authority to determine whether settlement was made in good faith where plaintiff alleged that both entities were jointly responsible for damages.
Civil Procedure Sep. 6, 2011
Edna Valley Watch v. County of San Luis Obispo
Prevailing party is entitled to fees incurred in administrative proceedings that were useful and necessary to public interest litigation.
Civil Procedure Sep. 2, 2011
In re Forchion
Individual may not statutorily change his name to name of his Web site because confusion might result if use of site is lost.
Civil Procedure Sep. 1, 2011
Fremont Reorganizing Corp. v. Faigin
Litigation privilege does not apply in action by former client against attorney for breach of professional duties.
Civil Procedure Aug. 31, 2011
SEC v. Gewerter
Issuing court, rather than court where underlying action is pending, has authority to consider motions to quash subpoenas.
Civil Procedure Aug. 29, 2011
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (Target Stores Inc.)
Dismissal of appeal is improper where appeal was rendered moot before judgment had been fully litigated.
Civil Procedure Aug. 26, 2011
Hill v. San Jose Family Housing Partners LLC
City-issued compliance order regarding illegally constructed billboard subject to prior litigation is newly discovered evidence, justifying new trial on damages.
Civil Procedure Aug. 24, 2011
M.H. v. United States
Records sought through subpoena that fell within Required Records Doctrine do not implicate bank customer’s privilege against self-incrimination.
Civil Procedure Aug. 22, 2011
Jones v. GN Netcom Inc.
Disproportionate attorney fee award in settlement of products liability class action is improper due to lack of clear explanation as to why fee was justified.
Civil Procedure Aug. 22, 2011
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision.
Civil Procedure Aug. 22, 2011
Martin v. Inland Empire Utilities Agency
Order granting anti-SLAPP motion with leave to amend constitutes functional equivalent of order denying motion.
Civil Procedure Aug. 19, 2011
Barrese v. Murray
60-day limit on court's power to rule on motion for new trial does not apply where appellate court remands case for further proceedings on motion.
Civil Procedure Aug. 17, 2011
Kincaid v. Kincaid
Transcript of recorded conversation, during which defendant stated he could not remember whether he had abused his stepdaughter, is admissible as adoptive admission.
Civil Procedure Aug. 12, 2011
Plancich v. United Parcel Service Inc.
In action for overtime compensation, Labor Code Section 1194 does not preclude prevailing employers from recovering costs.
Civil Procedure Aug. 12, 2011
Foust v. San Jose Construction Co. Inc.
Court refuses to reconsider appeal where appellant fails to carry burden of providing record on appeal or any prejudicial error.
Civil Procedure Aug. 11, 2011
Brandt v. American Bankers Insurance Co. of Florida
Finding of defendant’s culpability allows, but does not require, court to deny defendant’s motion to set aside default judgment.
Civil Procedure Aug. 11, 2011
Boschma v. Home Loan Center Inc.
Borrowers adequately plead material facts for fraud where loan documents fail to clearly state that payments under schedule would definitely result in negative amortization.
Civil Procedure Aug. 11, 2011
Pitts v. Terrible Herbst Inc.
Defendant’s unaccepted offer to satisfy individual claim made before plaintiff filed motion for class certification does not moot case, if plaintiff may still file timely motion.
Civil Procedure Aug. 10, 2011
CollegeSource Inc. v. AcademyOne Inc.
Non-resident corporation, which maintained college course catalogs on websites, is subject to specific personal jurisdiction based on misappropriation of catalogs from competing website.
Civil Procedure Aug. 9, 2011
Mavrix Photo Inc. v. Brand Technologies Inc.
Non-resident defendant is subject to specific personal jurisdiction where website’s intentional reposting of allegedly infringing photos was aimed at forum state.
Civil Procedure Aug. 9, 2011
Powell v. County of Orange
Motion asking trial court to decide same matter previously ruled on constitutes motion for reconsideration, which is not appealable following order of denial.
Civil Procedure Aug. 9, 2011
K2 America Corp. v. Roland Oil & Gas LLC
Federal jurisdiction does not exist over lawsuit alleging only state law claims, despite dispute involving lands held by government in trust for Indian allottees.
Civil Procedure Aug. 8, 2011