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Name Category Published
Harutyunyan v. Superior Court (People)
Commissioner lacked authority to continue contested preliminary hearing absent stipulation of parties.
Civil Procedure Dec. 23, 2008
Perez v. Grajales
Court improperly denies motion to confirm client's arbitration award in fee dispute with attorney.
Civil Procedure Dec. 23, 2008
Williams v. Gerber Products Co.
Court improperly dismisses class action plaintiffs' claim that Gerber deceptively packages and markets Fruit Juice Snacks to mislead reasonable consumer.
Civil Procedure Dec. 23, 2008
Wallis v. PHL Associates Inc.
Court does not abuse discretion by imposing sanctions for attorney's violation of protective order.
Civil Procedure Dec. 22, 2008
Vasquez v. State of California
Plaintiff who obtained stipulated injunction in 'non-catalyst' case did not have to make prelitigation settlement demands to recover attorney fees.
Civil Procedure Dec. 19, 2008
The Termo Co. v. Luther (Hunt Petroleum (AEC) Inc.)
Trial court errs by applying substantial evidence standard in reviewing administrative decision related to fundamental vested right to operate oil wells.
Civil Procedure Dec. 19, 2008
United States v. Community Home and Health Care Services Inc.
Order granting summary judgment is final and appealable, and district court retains jurisdiction over pending claim by relator.
Civil Procedure Dec. 17, 2008
Guevara v. Ventura County Community College District
Supplemental jurisdiction statute tolls statute of limitations applicable to police officer's state action alleging wrongful termination.
Civil Procedure Dec. 17, 2008
Club Members For An Honest Election v. Sierra Club
Exception to anti-SLAPP statute applies only where entire action is brought in public interest.
Civil Procedure Dec. 16, 2008
Travelers Indemnity Co. v. Bailey
Order
Civil Procedure Dec. 16, 2008
Young v. Exxon Mobil Corp.
Attorney fee award of $1 to defendant is proper in frivolous FEHA suit.
Civil Procedure Dec. 15, 2008
American Broadcasting Companies Inc. v. Miller
Court denying attorney fees to prevailing party under Section 1983 must identify 'special circumstances' making award unjust.
Civil Procedure Dec. 15, 2008
The Formula Inc. v. Superior Court (iStar Financial Inc.)
Lis pendens statutes are not applicable to notice of litigation in courts of another state.
Civil Procedure Dec. 12, 2008
Briggs v. Resolution Remedies
Trial court lacks authority to review arbitrator's prehearing order.
Civil Procedure Dec. 11, 2008
Larner v. Los Angeles Doctors Hospital Associates LP
Plaintiff who loses class certification motion and settles overtime hours claim retains no personal stake in litigation, rendering appeal moot.
Civil Procedure Dec. 10, 2008
United Steel, Paper & Forestry, Rubber Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Shell Oil Co.
Class action with multiple defendants is improperly remanded to state court where one defendant's timely removal effected removal of entire action.
Civil Procedure Dec. 10, 2008
Robinson v. Woods
Trial court errs by shortening statutorily required minimum notice period for summary judgment hearing.
Civil Procedure Dec. 8, 2008
Huschke v. Slater
Unreasonable delay in notifying court of settlement warranted monetary sanctions.
Civil Procedure Dec. 4, 2008
Java Oil Ltd. v. Sullivan
Foreign judgment awarding attorney fees is deemed enforceable.
Civil Procedure Dec. 4, 2008
Davies v. Sallie Mae Inc.
Grant of demurrer appropriate where complaint failed to state cause of action against student loan holder.
Civil Procedure Dec. 3, 2008
Agri-Systems Inc. v. Foster Poultry Farms
Arbitrator is not required to disclose representation of third party where reasonable person would not doubt arbitrator’s impartiality.
Civil Procedure Dec. 3, 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. 1, 2008
Paiva v. Nichols
Motions to strike are improperly denied where defendants were granted preliminary injunction in their prior suit for trespass.
Civil Procedure Dec. 1, 2008
Wade v. Schrader
Application of settlement credit is not modification of arbitration award.
Civil Procedure Dec. 1, 2008
Vondjidis v. Hewlett Packard Corp.
Summary judgment is improperly granted to employer who transfered former employee's unclaimed shares to state.
Civil Procedure Nov. 28, 2008
Wallis v. PHL Associates Inc.
Court does not abuse discretion by imposing sanctions for attorney's violation of protective order.
Civil Procedure Nov. 26, 2008
Lee v. An
Appellant's motion to set aside voidable default judgment is untimely.
Civil Procedure Nov. 21, 2008
Vasquez v. State of California
Plaintiff who obtained stipulated injunction in 'non-catalyst' case did not have to make prelitigation settlement demands to recover attorney fees.
Civil Procedure Nov. 21, 2008
Consumer Advocacy Group Inc. v. ExxonMobil Corp.
Doctrine of res judicata does not apply where claims related to lead contamination were not resolved by first judgment.
Civil Procedure Nov. 21, 2008
McDonald v. Sun Oil Co.
CERCLA grafts discovery rule onto Oregon's statute of repose for negligence claims arising from failure to warn buyer of pollutant.
Civil Procedure Nov. 20, 2008