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Name Category Published
Lierboe v. State Farm Mutual
Because sole named plaintiff has no cognizable claim, class is inadequately represented and class certification is vacated. 		Civil Procedure Mar. 17, 2004
Saint Agnes Medical Center v. PacifiCare of California
Party to contract didn't waive its contractual right to arbitration by filing lawsuit for purpose of repudiating contract. 		Civil Procedure Mar. 16, 2004
Kertesz v. Ostrovsky
Limitations period was tolled by respondent's petition for bankruptcy and automatic stay. 		Civil Procedure Mar. 16, 2004
Korea Water Resources Corp. v. Lee
Because foreign country's judgment is not conclusive, superior court properly discharged attachment against defendant. 		Civil Procedure Mar. 16, 2004
The CIT Group/Equipment Financing Inc. v. Super DVD Inc.
Right to Attach order in favor of respondents is proper because computation of damages was ascertainable from contract. 		Civil Procedure Mar. 16, 2004
Duran v. St. Luke's Hospital
Mother alleging medical malpractice that led to death of child is barred from suing because filing fee was $3 short. 		Civil Procedure Mar. 15, 2004
People v. Krah
Court had jurisdiction to commit convicted child molester as sexually violent predator. 		Civil Procedure Mar. 15, 2004
People v. Superior Court (Cooper)
Legislature did not intend for relitigated motions grounded on review of suppression-motion denial to be included within Penal Code Section 1538.5(p). 		Civil Procedure Mar. 15, 2004
Thomson v. Anderson
Corporations Code Section 31420 is service of process statute and does not create independent basis for personal jurisdiction. 		Civil Procedure Mar. 15, 2004
Taylor v. Lockheed Martin Corp.
Arbitration provision in collective bargaining agreement is not enforceable where there is no clear waiver of right to file suit. 		Civil Procedure Mar. 15, 2004
Genesis Environmental Services v. San Joaquin Valley Unified Air Pollution Control District
Independent contractor may sue pollution control district for equal protection violation. 		Civil Procedure Mar. 15, 2004
People v. Therrian
Expert testimony regarding use of Static-99 test on sexually violent predator was not subject to admissibility hearing. 		Civil Procedure Mar. 15, 2004
Murphy v. BDO Seidman
In most instances, shareholders' complaint alleging accounting misfeasance stated facts sufficient to constitute cause of action. 		Civil Procedure Mar. 15, 2004
Garamendi v. Golden Eagle Insurance Co.
Judgment against party who participated in litigation until trial was not entered by default. 		Civil Procedure Mar. 15, 2004
Roberti v. Andy's Termite & Pest Control Inc.
Medical experts' opinion testimony regarding causation of plaintiff's autism is not subject to admissibility test of 'People v. Kelly.' 		Civil Procedure Mar. 15, 2004
Global Minerals & Metals Corporation v. Superior Court (National Metals Inc.)
Class action certification order is vacated due to existence of potential conflicts of interest between class members. 		Civil Procedure Mar. 15, 2004
Nicholson v. Fazeli
Cross-complaint originating in a marriage dissolution action may form basis for malicious prosecution action. 		Civil Procedure Mar. 15, 2004
Earthquake Sound Corp. v. Bumper Industries
Manufacturer of car audio products that willfully infringed trademark is liable for attorney fees. 		Civil Procedure Mar. 11, 2004
Wagner v. Professional Engineers in California Government
Union nonmembers are judicially estopped from pursuing claim that union improperly categorized certain activities as representational. 		Civil Procedure Mar. 11, 2004
Lion Raisins Inc. v. U.S. Dept. of Agriculture
Raisin manufacturer being investigated for falsifying documents may seek disclosure of investigation records. 		Civil Procedure Mar. 11, 2004
U.S. v. $100,348 in U.S. Currency
Possessor of seized currency has standing to challenge forfeiture as excessive fine under Eighth Amendment. 		Civil Procedure Mar. 11, 2004
Nardi v. Stewart
Court lacks authority to sua sponte dismiss habeas petition as time-barred after state files answer failing to raise statute of limitations defense. 		Civil Procedure Mar. 11, 2004
Independent Towers of Washington v. State of Washington
State's regulation of towing operators is not pre-empted by federal law. 		Civil Procedure Mar. 11, 2004
Rosales v. Battle
Woman who lived with motorist killed in traffic accident lacked standing to sue for wrongful death. 		Civil Procedure Mar. 10, 2004
Bensimon v. Superior Court (Tarrant Apparel Group)
Motion for reconsideration does not extend jurisdictional time for writ petition when trial court has denied motion for summary judgment. 		Civil Procedure Mar. 10, 2004
Thomas F., a Minor
Juvenile court errs in refusing to permit minor from calling witnesses after it fails to order reciprocal discovery. 		Civil Procedure Mar. 10, 2004
Consumer Advocates v. Echostar Satellite Corp.
Triable issues exist regarding whether satellite television service violated statutes with representations concerning number of channels and program schedule. 		Civil Procedure Mar. 10, 2004
2,022 Ranch L.L.C. v. Superior Court (Chicago Title Insurance Co.)
Attorney-client privilege does not extend to otherwise unprivileged subject matter that has been communicated to attorney. 		Civil Procedure Mar. 10, 2004
Sink v. Aden Enterprises Inc.
Under Federal Arbitration Act, district court isn't required to compel return to arbitration where employer previously defaulted in arbitration of same claims. 		Civil Procedure Mar. 10, 2004
DeGrezia v. Superior Court (Blue Cross of California)
Arbitrator may only determine whether insurer rescinded policy. 		Civil Procedure Mar. 8, 2004
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