| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H023828
|
Nicholson v. Fazeli
Cross-complaint originating in a marriage dissolution action may form basis for malicious prosecution action. |
Civil Procedure |
|
Mar. 15, 2004 | |
|
00-16532
|
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 | |
|
02-16397
|
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 | |
|
02-16696
|
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 | |
|
02-55330
|
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 | |
|
02-16646
|
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 | |
|
02-35262
|
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 | |
|
D040271
|
Rosales v. Battle
Woman who lived with motorist killed in traffic accident lacked standing to sue for wrongful death. |
Civil Procedure |
|
Mar. 10, 2004 | |
|
B171121
|
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 | |
|
H024767
|
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 | |
|
B161491
|
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 | |
|
D042323
|
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 | |
|
02-35323
|
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 | |
|
B157914
|
DeGrezia v. Superior Court (Blue Cross of California)
Arbitrator may only determine whether insurer rescinded policy. |
Civil Procedure |
|
Mar. 8, 2004 | |
|
A093509
|
Pacific Gas & Electric Co. v. Superior Court (Emery)
Court lacks subject matter jurisdiction to hear unfair competition claim against public utility. |
Civil Procedure |
|
Mar. 8, 2004 | |
|
02-17079
|
Lucchesi v. Bar-O Boys Ranch
Because two claims are predicated on same wrong, plaintiffs will be entitled to equitable tolling if they satisfy California's three-pronged test. |
Civil Procedure |
|
Feb. 17, 2004 | |
|
02-16436
|
City of Martinez v. Texaco Trading & Transportation Inc.
Res judicata does not apply in civil case regarding property rights' claims that were not adjudicated in prior proceedings. |
Civil Procedure |
|
Feb. 17, 2004 | |
|
03-1549
|
Coleman v. Standard Life Insurance Co.
Plaintiff seeking disability benefits may assert alternative claims under ERISA and state law. |
Civil Procedure |
|
Feb. 11, 2004 | |
|
B158551
|
Kitty-Anne Music Co. v. Swan
Rule of judicial estoppel does not apply where defendant has not taken inconsistent positions or disrupted orderly administration of justice. |
Civil Procedure |
|
Feb. 11, 2004 | |
|
D040018
|
In re K.S., a Minor
Curfew violator's appeal denied. |
Civil Procedure |
|
Feb. 11, 2004 | |
|
A096261
|
Russell v. Douvan
Court may not issue prohibitory injunction unless there is finding of threat of future harm. |
Civil Procedure |
|
Feb. 10, 2004 | |
|
G031386
|
The Archdiocese of Milwaukee v. Superior Court (Paino)
Archdiocese of Milwaukee is subject to specific personal jurisdiction in California. |
Civil Procedure |
|
Feb. 10, 2004 | |
|
G026504
|
O'Connor Agency, Inc. v. Brodkin
Legal malpractice action for lost award of punitive damages is not barred by statute of limitations. |
Civil Procedure |
|
Feb. 5, 2004 | |
|
C041912
|
Marchbrook Building Co. v. Souchek
Compulsory cross-complaint rule does not apply to lawsuit that seeks to quiet title. |
Civil Procedure |
|
Jan. 28, 2004 | |
|
B163008
|
Parrott v. Mooring Townhomes Assn. Inc.
Homeowner's association that obtained voluntary dismissal of lawsuit is entitled to attorney fees. |
Civil Procedure |
|
Jan. 23, 2004 | |
|
B159352
|
Pollock v. University of Southern California
Where appellant's contentions are meritless and barred by doctrine of res judicata, appeal is frivolous and sanctions are imposed. |
Civil Procedure |
|
Jan. 23, 2004 | |
|
D041791
|
J.P. Morgan & Co. v. Superior Court (Heliotrope General Inc.)
Copper purchasers from multiple states alleging antitrust violations should not have been certified as class of plaintiffs. |
Civil Procedure |
|
Jan. 23, 2004 | |
|
02-71742
|
Ruud v. U.S. Dept. of Labor
Appellate court may exercise jurisdiction over petition for review for which original jurisdiction is vested both in court of appeals and district court. |
Civil Procedure |
|
Jan. 5, 2004 | |
|
02-35020
|
Kaiser v. Blue Cross of California
Lawsuit challenging denial of Medicare payments was properly dismissed for failure to exhaust administrative remedies. |
Civil Procedure |
|
Jan. 5, 2004 | |
|
02-56272
|
Mattel Inc. v. Greiner & Hausser
German toy manufacturer is subject to personal jurisdiction in California based on its conducting of activities there. |
Civil Procedure |
|
Dec. 31, 2003 |