| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E040921
|
Riverside Sheriff's Assn. v. County of Riverside
Trial court properly awards attorney fees under Code of Civil Procedure rather than Government Code, in dispute between Sheriff's Association and County. |
Civil Procedure |
|
Jun. 24, 2007 | |
|
05-85
|
Powerex Corp. v. Reliant Energy Services Inc.
28 U.S.C. Section 1447(d) precludes appellate review of district court's remand for lack of subject matter jurisdiction. |
Civil Procedure |
|
Jun. 22, 2007 | |
|
A114590
|
Humane Society of the United States v. State Board of Equalization
State Board of Equalization prevails in tax exemption case concerning poultry producers and alleged improper use of cages for keeping hens. |
Civil Procedure |
|
Jun. 22, 2007 | |
|
E040921
|
Riverside Sheriff's Assn. v. County of Riverside
Trial court properly awards attorney fees under Code of Civil Procedure rather than Government Code, in dispute between Sheriff's Association and County. |
Civil Procedure |
|
Jun. 22, 2007 | |
|
B190711
|
Eternity Investments Inc. v. Brown
$36,575 arbitration award in dispute over home improvement contract must stand, as homeowners fail to bring timely petition to challenge the award. |
Civil Procedure |
|
Jun. 21, 2007 | |
|
B190711
|
Eternity Investments Inc. v. Brown
$36,575 arbitration award in dispute over home improvement contract must stand, as homeowners fail to bring timely petition to challenge the award. |
Civil Procedure |
|
Jun. 21, 2007 | |
|
H028343
|
Linear Technology Corp. v. Applied Materials Inc.
State court has jurisdiction over buyer's contract-related claims alleging seller's failure to indemnify against third party infringement actions. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
B196903
|
Wimsatt v. Superior Court (Kausch)
Mediation briefs and e-mails referencing the briefs are made in course of mediation and are protected communications under mediation confidentiality statutes. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
H028343
|
Linear Technology Corp. v. Applied Materials Inc.
State court has jurisdiction over buyer's contract-related claims alleging seller's failure to indemnify against third party infringement actions. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
B196903
|
Wimsatt v. Superior Court (Kausch)
Mediation briefs and e-mails referencing the briefs are made in course of mediation and are protected communications under mediation confidentiality statutes. |
Civil Procedure |
|
Jun. 19, 2007 | |
|
04-75716
|
Maciel v. Commissioner of Internal Revenue
Issue preclusion is improper where issue was not crucial to previous proceedings and was not fully and fairly litigated in previous action. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
05-1284
|
Watson v. Philip Morris Cos. Inc.
FTC's detailed supervision of Philip Morris' cigarette testing process does not permit removal of action to federal court. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
06-134
|
Permanent Mission of India to the United Nations v. City of New York
Indian and Mongolian governments are not immune under 'FSIA' from lawsuit to validate tax liens on property held to house diplomatic employees. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
B195944
|
Garabet v. Superior Court (Boghosian)
Three-year statute of limitations bars medical malpractice suit brought by lasik patient who experienced adverse effects immediately after surgery. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
C048984
|
County of Imperial v. Superior Court (State Water Resources Control Board)
Trial court properly dismisses action over water dispute after finding water districts to be indispensable parties. |
Civil Procedure |
|
Jun. 15, 2007 | |
|
04-75716
|
Maciel v. Commissioner of Internal Revenue
Issue preclusion is improper where issue was not crucial to previous proceedings and was not fully and fairly litigated in previous action. |
Civil Procedure |
|
Jun. 14, 2007 | |
|
05-1284
|
Watson v. Philip Morris Cos. Inc.
FTC's detailed supervision of Philip Morris' cigarette testing process does not permit removal of action to federal court. |
Civil Procedure |
|
Jun. 14, 2007 | |
|
06-134
|
Permanent Mission of India to the United Nations v. City of New York
Indian and Mongolian governments are not immune under 'FSIA' from lawsuit to validate tax liens on property held to house diplomatic employees. |
Civil Procedure |
|
Jun. 14, 2007 | |
|
B195944
|
Garabet v. Superior Court (Boghosian)
Three-year statute of limitations bars medical malpractice suit brought by lasik patient who experienced adverse effects immediately after surgery. |
Civil Procedure |
|
Jun. 14, 2007 | |
|
C048984
|
County of Imperial v. Superior Court (State Water Resources Control Board)
Trial court properly dismisses action over water dispute after finding water districts to be indispensable parties. |
Civil Procedure |
|
Jun. 14, 2007 | |
|
B191204
|
Osumi v. Sutton
Trial court properly extends deadline for performance and enforces settlement agreement under Code of Civil Procedure Section 664.6. |
Civil Procedure |
|
Jun. 13, 2007 | |
|
C053568
|
Drybread v. Chipain Chiropractic Corp.
Limitation precluding attorney fees on contract claims does not apply to prevailing party in dismissed unlawful detainer action sounded in tort. |
Civil Procedure |
|
Jun. 13, 2007 | |
|
A111353
|
Cadlo v. Metalclad Insulation Corp.
Court properly enters retroactive judgment awarding damages for future economic loss and pain and suffering where plaintiff dies after verdict was filed. |
Civil Procedure |
|
Jun. 12, 2007 | |
|
D048156
|
Canova v. Trustees of Imperial Irrigation District Employee Pension Plan
Summary judgment based on Claims Act improper where mandamus does not disguise claim for damages but may be used to compel performance. |
Civil Procedure |
|
Jun. 12, 2007 | |
|
B191204
|
Osumi v. Sutton
Trial court properly extends deadline for performance and enforces settlement agreement under Code of Civil Procedure Section 664.6. |
Civil Procedure |
|
Jun. 12, 2007 | |
|
C053568
|
Drybread v. Chipain Chiropractic Corp.
Limitation precluding attorney fees on contract claims does not apply to prevailing party in dismissed unlawful detainer action sounded in tort. |
Civil Procedure |
|
Jun. 12, 2007 | |
|
D048156
|
Canova v. Trustees of Imperial Irrigation District Employee Pension Plan
Summary judgment based on Claims Act improper where mandamus does not disguise claim for damages but may be used to compel performance. |
Civil Procedure |
|
Jun. 11, 2007 | |
|
B186238
|
Mileikowsky v. West Hills Hospital Medical Center
Hearing officer cannot terminate hospital's proceeding before final decision whether to continue staff privileges where physician fails to provide requested information. |
Civil Procedure |
|
Jun. 11, 2007 | |
|
D048156
|
Canova v. Trustees of Imperial Irrigation District Employee Pension Plan
Summary judgment based on Claims Act improper where mandamus does not disguise claim for damages but may be used to compel performance. |
Civil Procedure |
|
Jun. 10, 2007 | |
|
B186238
|
Mileikowsky v. West Hills Hospital Medical Center
Hearing officer cannot terminate hospital's proceeding before final decision whether to continue staff privileges where physician fails to provide requested information. |
Civil Procedure |
|
Jun. 10, 2007 |
