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Name Category Published
Cruz v. Ayromloo
Prevailing tenants are properly awarded attorney fees related to matters beyond contract cause of action for return of security deposit.
Civil Procedure Oct. 3, 2007
Lee v. Blue Shield of California
Physician's declaratory relief claim should be treated as petition for writ of mandate to reinstate service plan's hearing to terminate provider status.
Civil Procedure Oct. 2, 2007
Sznyter v. Malone
Federal statute of limitations controls in case involving alleged violations of the Telephone Consumer Protection Act of 1991.
Civil Procedure Oct. 2, 2007
Venhaus v. Shultz
Jury instructions on elements of negligent interference with prospective economic relations were prejudicially erroneous.
Civil Procedure Sep. 30, 2007
Little v. Los Angeles County Assessment Appeals Board.
Writ of mandamus to challenge property assessment is improper where suit to refund taxes provides adequate remedy at law.
Civil Procedure Sep. 27, 2007
Beal Bank SSB v. Arter & Hadden LLP
In legal malpractice case, tolling does not continue against law firm that was formerly hired by client.
Civil Procedure Sep. 27, 2007
Sahadi v. Scheaffer
Two-year statute of limitations to bring accounting malpractice action does not commence until IRS makes final determination there is no tax deficiency.
Civil Procedure Sep. 26, 2007
Capitol People First v. Dept. of Developmental Services
Court must certify class where plaintiffs seek less restrictive environments under Lanterman Act.
Civil Procedure Sep. 26, 2007
Stephen Slesinger Inc. v. The Walt Disney Co.
Terminating sanction is proper where investigator hired to obtain information from Walt Disney Co. engaged in deliberate and egregious conduct.
Civil Procedure Sep. 26, 2007
Bailey v. Outdoor Media Group
'Benefits obtained' under Civil Code Section 3334 may constitute either gross revenue or profit obtained by wrongful occupation of land.
Civil Procedure Sep. 26, 2007
Collins v. Horton
Absent 'well defined' binding precedent, arbitrators' refusal to apply offensive non-mutual collateral estoppel to judgment pending appeal does not 'manifestly disregard' law.
Civil Procedure Sep. 25, 2007
Foothill Federal Credit Union v. Superior Court (King)
Litigation privilege bars parties' torts causes of action even though delivery of consumer records was beyond scope of subpoena.
Civil Procedure Sep. 25, 2007
Buckland v. Threshold Enterprises
Executive director of California Women's Law Center lacks standing to pursue claims against defendants who sell lotions allegedly mislabeled.
Civil Procedure Sep. 25, 2007
Lozano v. AT&T Wireless Services Inc.
District court erred in granting class certification of plaintiff's CLRA claim based on inclusion of unconscionable arbitration clause in agreement.
Civil Procedure Sep. 23, 2007
Holcomb v. Wells Fargo Bank
Depositor who relies on manager's assurance to write checks against dishonored deposit properly alleges negligent misrepresentation, not breach of contract or negligence.
Civil Procedure Sep. 23, 2007
Alaska Right to Life Political Action Committee v. Feldman
District court should have declined jurisdiction on prudential ripeness grounds because of inadequate record and lack of showing that withholding jurisdiction would cause hardship.
Civil Procedure Sep. 23, 2007
De Santiago v. D and G Plumbing Inc.
'Impracticability exception' for court congestion does not toll five-year limitations period where intervenor fails to exercise reasonable diligence in prosecuting case.
Civil Procedure Sep. 20, 2007
Marcario v. County of Orange
Arbitration of employee's labor grievance could not be given binding effect with regard to statutory claims not explicitly noted in MOU.
Civil Procedure Sep. 20, 2007
Yetiv v. U.S. Dept. of Housing and Urban Development
HUD had jurisdiction to impose penalties for failure to provide audits even though owner prepaid HUD-insured loan prior to final adjudication of ALJ.
Civil Procedure Sep. 20, 2007
Menken v. Emm
Court has personal jurisdiction over defendant in tort case involving civil extortion and interference with contractual relations.
Civil Procedure Sep. 19, 2007
Equity Lifestyle Properties Inc. v. County of San Luis Obispo
District court properly dismissed complaint where there was no claim upon which relief could be granted and as-applied takings claim was unripe.
Civil Procedure Sep. 17, 2007
Corrie v. Caterpillar Inc.
Plaintiffs' claims present nonjusticiable political questions that deprive district court of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).
Civil Procedure Sep. 17, 2007
Chrisman v. City of Los Angeles
Police department could not punish officer for misuse of department computers that predated department’s administrative complaint by more than two years.
Civil Procedure Sep. 13, 2007
Chabak v. Monroy
Underage patient's privileged statements to police and parents preclude physical therapist's recovery of damages for victim's allegedly false reports of child abuse.
Civil Procedure Sep. 11, 2007
Lee v. Blue Shield of California
Physician's declaratory relief claim should be treated as petition for writ of mandate to reinstate service plan's hearing to terminate provider status.
Civil Procedure Sep. 10, 2007
Comedy Club Inc. v. Improv West Associates
Court lacks jurisdiction to review untimely appeal from order compelling arbitration, but confirms arbitrator's authority to resolve disputes arising from trademark agreement.
Civil Procedure Sep. 9, 2007
Inouye v. Kemina
In case involving religious coercion, parole officer does not have qualified immunity.
Civil Procedure Sep. 9, 2007
Dept. of Fair Employment and Housing v. 1105 Alta Loma Road Apartments
Where gravamen of complaint alleged disability discrimination and did not attack protected petitioning or speech activity, defendant's anti-SLAPP motion was properly denied.
Civil Procedure Sep. 6, 2007
El Escorial Owners' Association v. DLC Plastering Inc.
In multi-party construction defect case, trial court may use 'rough categories' to initially determine good faith settlement allocations for various types of defects.
Civil Procedure Sep. 6, 2007
New Regency Productions Inc. v. Nippon Herald Films Inc.
Arbitration award is properly vacated where arbitrator fails to disclose facts that show reasonable impression of partiality.
Civil Procedure Sep. 5, 2007