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Name Category Published
County of Santa Clara v. Superior Court (Naymark)
California Public Records Act is not obstructed by citizen suits under Code of Civil Procedure Section 526a. 		Civil Procedure Feb. 19, 2009
Sanai v. Saltz
Court may not require admissible evidence sufficient to withstand summary judgment before granting leave to amend complaint. 		Civil Procedure Feb. 19, 2009
Cristler v. Express Messenger Systems Inc.
Trial court does not abuse its discretion by refusing to amend class definition. 		Civil Procedure Feb. 13, 2009
Quarry v. Doe 1
Prior limitations periods within Code of Civil Procedure Section 340.1 do not bar claims by plaintiffs who discovered injuries after 2003. 		Civil Procedure Feb. 12, 2009
Cleveland v. Internet Specialties West Inc.
Trial court's grant of summary judgment is improper based on finding of expiration of statute of limitations. 		Civil Procedure Feb. 12, 2009
Clark v. Mazgani
Court improperly grants SLAPP motion to strike tenant's complaint based on landlord's violation of rent control laws. 		Civil Procedure Feb. 9, 2009
Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd.
Contractual extension of Carriage of Goods by Sea Act to inland rail leg of overseas shipment does not overcome Carmack Amendment. 		Civil Procedure Feb. 5, 2009
C.R. v. Tenet Healthcare Corp.
Demurrer is improper where judicial notice of joint venture does not conclusively disprove allegations in complaint. 		Civil Procedure Feb. 5, 2009
InSyst Ltd. v. Applied Materials Inc.
Motion to dismiss appeal as untimely is denied where electronic notice did not equate to service of 'triggering documents.' 		Civil Procedure Feb. 3, 2009
Bak v. MCL Financial Group Inc.
Sanctions order is proper where objector subjected himself to jurisdiction of arbitration panel and copied privileged material before returning it to plaintiffs. 		Civil Procedure Feb. 3, 2009
Gordon v. Nissan Motor Co. Ltd.
Trial court should have allowed plaintiff to present evidence of claim even if it was abandoned prior to first trial. 		Civil Procedure Feb. 2, 2009
Dible v. Haight Ashbury Free Clinics
Anti-SLAPP motion is properly granted where employee claimed that statements made to her by employer were defamatory. 		Civil Procedure Jan. 27, 2009
Sanai v. Saltz
Court may not require admissible evidence sufficient to withstand summary judgment before granting leave to amend complaint. 		Civil Procedure Jan. 27, 2009
Fresno County Department of Children and Family Services v. R.H.
Father who commenced 13 appeals determined adversely against him is determined vexatious litigant subject to prefiling order. 		Civil Procedure Jan. 27, 2009
Moore-Thomas v. Alaska Airlines Inc.
Railway Labor Act does not completely preempt or provide ground for removal of state law claims. 		Civil Procedure Jan. 27, 2009
Oldcastle Precast Inc. v. Lumbermens Mutual Casualty Co.
Summary judgment against defendant is proper where continuance of hearing is not warranted. 		Civil Procedure Jan. 25, 2009
Community Youth Athletic Center v. City of National City
Good cause for relief from noncompliance with publication requirements exists where incorrect date for response was published. 		Civil Procedure Jan. 22, 2009
Stearn v. County of San Bernardino (General Outdoor Advertising)
Dismissal is improper where statute of limitations does not apply to third party challenge to rezoning. 		Civil Procedure Jan. 22, 2009
Philip Morris USA Inc. v. King Mountain Tobacco Co. Inc.
Tribal court has no colorable claim to jurisdiction over trademark infringement case brought by Philip Morris. 		Civil Procedure Jan. 20, 2009
Veyna v. Orange County Nursery Inc.
In dissolution proceeding, filing notice of appeal does not automatically stay judgment requiring party to buy-out shares before certain date. 		Civil Procedure Jan. 19, 2009
Musaelian v. Adams
Attorney who represented himself in responding to filing abuse may not recover sanction of attorney fees. 		Civil Procedure Jan. 15, 2009
Mossman v. City of Oakdale
Arbitration judgment that does not determine appropriate nature of 'make-whole' remedy is unenforceable. 		Civil Procedure Jan. 14, 2009
Nolan v. Heald College
In examining evidence outside of administrative record in ERISA case, district court fails to apply traditional rules of summary judgment. 		Civil Procedure Jan. 13, 2009
Ghazaryan v. Diva Limousine Ltd.
Trial court's denial of class certification is improper where it focused on rule against evaluating merits of plaintiff's claim. 		Civil Procedure Jan. 12, 2009
Travelers Casualty and Surety Co. of America v. Brenneke
Defendant is properly served where summons and complaint are placed within his physical proximity. 		Civil Procedure Jan. 11, 2009
Englert v. MacDonell
Ninth Circuit dismisses appeal from order denying motion to strike under Oregon's 'anti-SLAPP' statute. 		Civil Procedure Jan. 8, 2009
C.R. v. Tenet Healthcare Corp.
Demurrer is improper where judicial notice of joint venture does not conclusively disprove allegations in complaint. 		Civil Procedure Jan. 7, 2009
Crab Addison Inc. v. Superior Court (Martinez)
Employee plaintiff may obtain contact information to identify potential class members even though employees signed privacy request form. 		Civil Procedure Dec. 31, 2008
Schaffer v. City and County of San Francisco
Grant of anti-SLAPP motion to strike is proper where statements were made in connection to issues considered by district attorney. 		Civil Procedure Dec. 26, 2008
Hailstone v. Martinez
Motion to strike is properly denied where plaintiff's defamation claim has at least minimal merit. 		Civil Procedure Dec. 24, 2008
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