| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G036522
|
Fladeboe v. American Isuzu Motors Inc.
Under doctrine of implied findings, reviewing court must infer that trial court impliedly made every factual finding necessary to support its decision. |
Civil Procedure |
|
Apr. 24, 2007 | |
|
B192627
|
Morrow v. Los Angeles Unified School District
Published statements criticizing principal's handling of student brawls is protected speech under anti-SLAPP statute. |
Civil Procedure |
|
Apr. 23, 2007 | |
|
05-35468
|
In re The Exxon Valdez
If state law claim is not pre-empted, state law applies to plaintiff's claim for prejudgment interest. |
Civil Procedure |
|
Apr. 18, 2007 | |
|
H030451
|
The Board of Trustees of the Leland Stanford Junior University v. Superior Court (Umana)
Where plaintiff's name in complaint was signed by hand of another, amendment is allowed to cure signature defect. |
Civil Procedure |
|
Apr. 18, 2007 | |
|
B188076
|
Van Horn v. Watson
Summary judgment is not appropriate where disputed facts exist as to friend's negligence and whether emergency 'rescue' increased passenger's risk of harm. |
Civil Procedure |
|
Apr. 17, 2007 | |
|
H027976
|
Fireside Bank v. Superior Court (Gonzalez)
Court may grant motion for judgment on pleadings brought by cross-complainant before giving notice to members of incipient class. |
Civil Procedure |
|
Apr. 16, 2007 | |
|
S139171
|
Fireside Bank v. Superior Court (Gonzalez)
Courts generally must determine whether class certification is proper before issuing ruling on substantive merits of claim. |
Civil Procedure |
|
Apr. 16, 2007 | |
|
G036259
|
Irvine v. Regents of the University of California
Organ recipient's allegations that no enforceable settlement had been reached with transplant program constitutes good cause under California Rules of Court. |
Civil Procedure |
|
Apr. 16, 2007 | |
|
05-15000
|
Stilwell v. Smith & Nephew Inc.
Despite expert testimony of manufacturing defect, makers of medical device are granted summary judgment where patient cannot prove failed screw's intended duration. |
Civil Procedure |
|
Apr. 13, 2007 | |
|
B183943
|
Mansour v. Degas
Court properly refuses to set aside dismissal order where counsel moves to vacate more than 10 months after receiving notice. |
Civil Procedure |
|
Apr. 12, 2007 | |
|
A110120
|
Savaglio v. Wal-Mart Stores Inc.
Local paper that successfully unseals records filed by retailer in writ proceedings is denied attorney fees. |
Civil Procedure |
|
Apr. 12, 2007 | |
|
A112815
|
Demps v. San Francisco Housing Authority
Individual objections on which trial court fails to rule are deemed waived and become part of record for appellate review. |
Civil Procedure |
|
Apr. 10, 2007 | |
|
B194844
|
Belaire-West Landscape Inc. v. Superior Court (Rodriguez)
Opt-out notice adequately protects privacy rights of employees compelled to provide names and contact information for precertification discovery. |
Civil Procedure |
|
Apr. 9, 2007 | |
|
04-55859
|
Connecticut General Life Insurance Co. v. New Images of Beverly Hills
Where doctor evaded discovery obligations for years, sanction that terminated case and imposed default judgment is proper. |
Civil Procedure |
|
Apr. 5, 2007 | |
|
B188720
|
State of California ex rel. Metz v. CCC Information Services Inc.
Qui tam action filed by insurance claimant is barred by three-year statute of limitations where claimant had inquiry notice of alleged fraudulent conduct. |
Civil Procedure |
|
Apr. 5, 2007 | |
|
B190805
|
Parker v. Wolters Kluwer United States Inc.
Terminating sanctions in favor of party who did not propound discovery is proper only if party suffered detriment caused by sanctioned party's misconduct. |
Civil Procedure |
|
Apr. 4, 2007 | |
|
B189277
|
Kim v. Euromotors West/The Auto Gallery
Where plaintiff obtained net monetary recovery pursuant to settlement agreement, court must decide whether he is prevailing party entitled to attorney fees. |
Civil Procedure |
|
Apr. 3, 2007 | |
|
A113172
|
Walsh v. IKON Office Solutions Inc.
Order decertifying subclass is proper where work varied among account managers responsible for company sales. |
Civil Procedure |
|
Apr. 2, 2007 | |
|
G035809
|
Paniagua v. Orange County Fire Authority
Plaintiff's attempt to amend his complaint to name additional defendants in action he previously dismissed does not commence action against additional defendants. |
Civil Procedure |
|
Mar. 30, 2007 | |
|
C052554
|
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Employee was required to set aside employer's decision in writ of mandate proceeding as prerequisite to filing civil tort action. |
Civil Procedure |
|
Mar. 30, 2007 | |
|
05-36108
|
Delay v. Gordon (United States of America)
Where plaintiff seeks amended judgment, new claim cannot be asserted against United States, which was not party to original judgment. |
Civil Procedure |
|
Mar. 29, 2007 | |
|
06-55769
|
Paulson v. City of San Diego
Court's order to enforce injunction under California constitutional authority was moot where federal legislative taking divested city of interest in war memorial. |
Civil Procedure |
|
Mar. 29, 2007 | |
|
C052286
|
Myers v. Trendwest Resorts Inc.
Employer is not entitled to summary judgment on sexual harassment claims where supervisor's behavior and scope of employment are triable issues of fact. |
Civil Procedure |
|
Mar. 29, 2007 | |
|
H030068
|
Lezama-Carino v. Miller
Appeal from custody order is timely filed where father established he submitted notice of appeal to court on date it was due. |
Civil Procedure |
|
Mar. 29, 2007 | |
|
H029903
|
Estate of Drummond
Prevailing party determination for purposes of fee award may not be based on interim procedural victory, but only final resolution of contract claims. |
Civil Procedure |
|
Mar. 29, 2007 | |
|
C051419
|
Citizens for Open Government v. City of Lodi (Browman Development Co.)
Non-profit group objecting to approval of use permit to develop shopping center satisfies purposes of exhaustion of administrative remedies doctrine. |
Civil Procedure |
|
Mar. 28, 2007 | |
|
B182990
|
Holbrook v. City of Santa Monica
City councilmen lack standing to pursue claims regarding duration of council meetings, and thus their claims cannot survive anti-SLAPP motion. |
Civil Procedure |
|
Mar. 28, 2007 | |
|
B184268
|
Hilton K. v. Greenbaum
Financial discovery rulings in consolidated lawsuits were inadmissible in present cases and not entitled to preclusive effect. |
Civil Procedure |
|
Mar. 28, 2007 | |
|
A112832
|
Morris v. AGFA Corp.
In wrongful death suit, California is inconvenient forum where decedent's family and witnesses are in Texas. |
Civil Procedure |
|
Mar. 28, 2007 | |
|
B186714
|
Matera v. McLeod
Where trial court vacated ruling upon reconsideration and effectively reinstated judgment, time to appeal judgment began to run when judgment was reinstated. |
Civil Procedure |
|
Mar. 28, 2007 |
