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Name Category Published
State Water Resources Control Board Cases
Private party who succeeded alongside public entity cannot be denied fees simply because success might have been achieved by public entity acting alone.
Civil Procedure Mar. 27, 2008
Adaimy v.Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion.
Civil Procedure Mar. 26, 2008
Luckett v. Panos
Under Code of Civil Procedure Section 533, vexatious litigant must show change of circumstances to lift order that prevents litigant from filing.
Civil Procedure Mar. 26, 2008
Yari v. Producers Guild of America Inc.
Where defendants did not 'certify' anyone as producer for purposes of film's nomination, common law right of fair procedure does not apply.
Civil Procedure Mar. 26, 2008
Brodke v. Alphatec Spine Inc.
Under Code of Civil Procedure Section 1281.2, party petitioning to enforce arbitration clause cannot simultaneously deny existence of contract containing arbitration provision.
Civil Procedure Mar. 24, 2008
1100 Park Lane Associates v. Feldman
Anti-SLAPP statute and litigation privilege bar evicted tenants' causes of action except for those based on negligent misrepresentation by building's agent.
Civil Procedure Mar. 24, 2008
Doe v. United Airlines Inc.
New trial is improperly granted where evidence that minor suffered PTSD from alleged sexual assault on airplane was not 'newly discovered.'
Civil Procedure Mar. 21, 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 Mar. 19, 2008
U.S. v. Lewis
Speedy Trial Act requires review of entire pre-trial delay to find which periods prejudiced defendant in conspiracy to import endangered reptiles.
Civil Procedure Mar. 14, 2008
United States v. $493,850.00 in U.S. Currency
Grant of summary judgment in favor of government in forfeiture action is proper where additional evidence is admissible under independent source exception.
Civil Procedure Mar. 14, 2008
Neville v. Chudacoff
Special motion to strike defamation claim is properly granted where employer's lawyer wrote letter accusing former employee of misappropriating trade secrets.
Civil Procedure Mar. 13, 2008
California Back Specialists Medical Group v. Rand
Defendant’s anti-SLAPP motion was properly denied because underlying activity, which was never before heard in official proceedings, was not ‘protected activity.’
Civil Procedure Mar. 10, 2008
Lussier v. Dollar Tree Stores Inc.
Court properly denies plaintiffs attorney fees where defendant's arguments for removal to federal court are reasonable.
Civil Procedure Mar. 10, 2008
Goodman v. Lozano
Defendants who pay nothing despite adverse judgment are properly named ‘prevailing party’ for purposes of awarding costs and attorney fees.
Civil Procedure Mar. 10, 2008
Natural Resources Defense Council Inc. v. Winter
Preliminary injunction is appropriate where mitigation measures permit Navy's 'SOCAL exercises' so long as safeguards are implemented to protect environment.
Civil Procedure Mar. 6, 2008
Advantage Medical Services LLC v. Hoffman
Arbitrator’s interim award in favor of plaintiffs was properly vacated when arbitrator failed to disclose his connection to plaintiffs and plaintiff’s insurer.
Civil Procedure Mar. 5, 2008
Marine Forests Society v. California Coastal Commission
Attorney fees are not awarded to plaintiff when Legislature, not defendant, changes its behavior as result of lawsuit.
Civil Procedure Mar. 5, 2008
Heritage Marketing and Insurance Services Inc. v. Chrustawka
Where interstate commerce is affected, Code of Civil Procedure Section 351, which tolls limitations period, cannot apply to defendants who are Texas residents.
Civil Procedure Mar. 4, 2008
Adaimy v. Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion.
Civil Procedure Mar. 3, 2008
McCann v. Wheeler
California law applies where state's interest in providing remedy for resident asbestos victim is more significantly impaired by application of Oklahoma statute.
Civil Procedure Mar. 3, 2008
Ticconi v. Blue Shield of California Life & Health Insurance Co.
Unclean hands defense cannot defeat class certification in UCL action where insurer rescinds policy based on alleged misrepresentations in unattached application.
Civil Procedure Feb. 29, 2008
Olson v. Automobile Club of Southern California
Prevailing plaintiff may not recover award of expert witness fees in addition to attorney fees under Code of Civil Procedure Section 1021.5.
Civil Procedure Feb. 29, 2008
Adajar v. RWR Homes Inc.
If arbitration terms are incorporated by reference to another document, that document must clearly state terms for court to compel arbitration.
Civil Procedure Feb. 29, 2008
Jakks Pacific Inc. v. Superior Court (THQ Inc.)
Arbitrator's disclosure obligations are not triggered until he is notified of selection to serve as neutral arbitrator.
Civil Procedure Feb. 29, 2008
Noble v. Draper
Plaintiffs’ fraud and unfair business practice claims against defendants are not precluded by prior administrative hearing concerning their wage claims.
Civil Procedure Feb. 26, 2008
Sprint/United Management Co. v. Mendelsohn
Because district court's reasoning in excluding testimony in age discrimination case was ambiguous, case should have been remanded.
Civil Procedure Feb. 26, 2008
Quihuis v. City of Los Angeles
Before discharging police officer, city must provide notice of proposed disciplinary action in personnel complaint within one year of alleged misconduct.
Civil Procedure Feb. 26, 2008
Taheri Law Group v. Evans
Attorney fees are improperly awarded under anti-SLAPP statute to lawyer who represented himself.
Civil Procedure Feb. 26, 2008
The Rite Site Coalition v. Los Angeles Unified School District
Case involving preliminary injunction sought against school construction project is remanded because trial court declined to consider likelihood of success on merits.
Civil Procedure Feb. 25, 2008
Goldman v. Simpson
State court retains jurisdiction to enter renewal of civil judgment against O.J. Simpson despite Simpson’s move to Florida.
Civil Procedure Feb. 20, 2008