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Roman v. Liberty University Inc.
California court does not err in quashing service of summons for lack of personal jurisdiction over Virginia based university.
Civil Procedure May 1, 2008
Clark v. Time Warner Cable
Court’s referral of ‘anti-slamming’ claim to FCC is proper under primary jurisdiction doctrine because it presents novel question of federal telecommunications policy.
Civil Procedure May 1, 2008
Luce, Forward, Hamilton & Scripps v. Koch
Arbitrator need not disqualify himself where disclosure of information is not legally required.
Civil Procedure May 1, 2008
Woods v. Union Pacific Railroad Co.
Directed verdict for railroad is proper where its use of handholds in compliance with federal safety regulations undermines plaintiff's negligence claim.
Civil Procedure Apr. 30, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm.
Civil Procedure Apr. 30, 2008
Negrete v. Allianz Life Insurance Co. of North America
Anti-Injunction Act precludes district court from enjoining insurance corporation's resolution of similar class action claims in any other court.
Civil Procedure Apr. 30, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm.
Civil Procedure Apr. 30, 2008
Loeb v. Record
Plaintiff failed to follow proper procedure to prevent arbitration award from becoming binding.
Civil Procedure Apr. 28, 2008
Unruh-Haxton v. Regents of the University of California
Media coverage of doctors stealing genetic material from fertility patients does not impute knowledge of harm triggering statute of limitations.
Civil Procedure Apr. 25, 2008
Van Keulen v. Cathay Pacific Airways Ltd.
Trial court has discretionary authority to dismiss for failure to diligently prosecute action stayed on forum non conveniens grounds.
Civil Procedure Apr. 24, 2008
San Joaquin Local Agency Formation Commission v. Superior Court (South San Joaquin Irrigation District)
Protective order motion to preclude taking of local agency commissioners' depositions is granted in its entirety.
Civil Procedure Apr. 24, 2008
Daybreak Group Inc. v. Three Creeks Ranch
There is no authority for contention that firm, as opposed to individual attorney, must be admitted 'pro ha vice' in California courts.
Civil Procedure Apr. 23, 2008
Camacho v. Bridgeport Financial Inc.
Court fails to provide authority to support flat award in lieu of 'lodestar' method.
Civil Procedure Apr. 23, 2008
Zanone v. The City of Whittier
When information does not fall within Penal Code Section 832.8's definition of officer’s ‘personnel records,' information is not subject to 'Pitchess' procedure.
Civil Procedure Apr. 23, 2008
Capitol Racing LLC v. California Horse Eacing Bd. (Rodriguez)
Judgment is reversed where petition brought by plaintiff is time-barred under Business and Professions Code Section 19463.
Civil Procedure Apr. 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 Apr. 22, 2008
Chavez v. Netflix Inc.
Trial court did not abuse discretion in approving amended class action settlement agreement, approving notice given to class members, or determining fees.
Civil Procedure Apr. 22, 2008
Platt Electrical Supply Inc. v. EOFF Electrical Inc.
District court properly dismisses plaintiff's negligent misrepresentation and fraudulent concealment claims as barred by California statute of limitations.
Civil Procedure Apr. 16, 2008
St. Vincent's School for Boys v. City of San Rafael
Due to statutory purpose of cost-containment, prevailing party in CEQA action may recover costs for preparation, even though other party prepared record.
Civil Procedure Apr. 16, 2008
Best Interiors Inc. v. Millie and Severson Inc.
Court can exercise discretion under Code of Civil Procedure Section 1281.2 when California law applies instead of Federal Arbitration Act.
Civil Procedure Apr. 15, 2008
United States v. Ibrahim
Federal Rules of Civil Procedure apply when party files motion for return of property and no criminal case is pending at filing.
Civil Procedure Apr. 15, 2008
Salma v. Capon
Court properly dismisses intentional interference claim but must strike conversion claim that SLAPP plaintiff attempts to amend from original cross-complaint.
Civil Procedure Apr. 11, 2008
Brawley v. J.C. Interiors Inc.
Although both sides breached contract, court is directed to award no damages under Code of Civil Procedure Section 877.
Civil Procedure Apr. 10, 2008
Capitol Racing v. California Horse Racing Board (Los Alamitos Quarter Horse Racing Association)
Judgment is reversed where petition brought by plaintiff is time-barred under Business and Professions Code Section 19463.
Civil Procedure Apr. 4, 2008
Garibay v. Hemmat
Motion for summary judgment must rely on admissible facts, otherwise expert witness’ declaration that is unsupported by admissible evidence lacks evidentiary value.
Civil Procedure Apr. 3, 2008
Metters v. Ralphs Grocery Co.
Arbitration clause is not binding where person who signs form containing clause is unaware it is contract for binding arbitration.
Civil Procedure Apr. 3, 2008
Mendiondo v. Centinela Hospital
Notice pleading standard in Federal Rule of Civil Procedure 8(a) applies to claims of wrongful termination under Federal and California's False Claims Acts.
Civil Procedure Apr. 2, 2008
TSMC North America v. Semiconductor Manufacturing International Corp.
Judicial restraint and comity requires California courts to deny antisuit injunction barring corporation's pursuit of Chinese law claims in Beijing.
Civil Procedure Mar. 31, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm.
Civil Procedure Mar. 31, 2008
Palm Medical Group Inc. v. State Compensation Insurance Fund
Nonprofit workers' compensation insurer owes occupational clinic duty of fair procedure in acting on its preferred provider network application.
Civil Procedure Mar. 27, 2008