| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-56595
|
Traditional Cat Assn. Inc. v. Gilbreath
Court abused discretion by denying attorney fees to parties who successfully defended copyright lawsuit. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-55848
|
Ansley v. Ameriquest Mortgage Co.
Because federal Alternative Mortgage Transaction Parity Act doesn't completely pre-empt all California laws relating to alternative mortgage transaction, court lacks jurisdiction. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
01-36142
|
Lawrence v. United States
Federal agents are entitled to immunity where they reasonably determined drug-trafficking felon needn't be prohibited from working with juveniles. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
01-30200
|
U.S. v. Chase
Dangerous-patient exception does not apply to federal psychotherapist-patient privilege. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
01-17049
|
Lippett v. Raymond James Financial Services Inc.
Case is remanded to state court because plaintiff's claim is not pre-empted nor does it rely on federal law. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-56339
|
Greene v. Sprint Communications Co.
There is no private right of action to recover damages for violation of FCC regulations promulgated under Section 276 of Telecommunications Act. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-55230
|
Circuit City Stores Inc. v. Mantor
Corporation's arbitration agreement is unconscionable under California contract law. |
Civil Procedure |
|
Oct. 8, 2003 | |
|
S106503
|
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to strike under anti-SLAPP statute. |
Civil Procedure |
|
Oct. 8, 2003 | |
|
01-15491
|
Miller v. Gammie
District court didn't err in ordering limited discovery regarding functions of social workers to determine if social workers were entitled to absolute immunity. |
Civil Procedure |
|
Oct. 7, 2003 | |
|
02-56063
|
Zaputil v. Cowgill
Military reservist is barred from bringing action for civil damages against military personnel who allegedly wrongly revoked her discharge. |
Civil Procedure |
|
Oct. 7, 2003 | |
|
02-35958
|
City of Saint Paul v. Evans
Claims that were time-barred could not be asserted as affirmative defenses to counterclaims. |
Civil Procedure |
|
Oct. 7, 2003 | |
|
02-15152
|
Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Desert Valley Landscape & Maintenance Inc.
Because federal claim was not dismissed, exercise of discretion to decline supplemental jurisdiction was not authorized. |
Civil Procedure |
|
Oct. 7, 2003 | |
|
01-56380
|
Batzel v. Smith
Operator of Internet listserv may be liable for publishing defamatory email sent by third party. |
Civil Procedure |
|
Oct. 7, 2003 | |
|
B157698
|
Shamsian v. Atlantic Richfield Co.
Plaintiff alleging violation of drinking water act must bring suit within one-year limitations period. |
Civil Procedure |
|
Oct. 3, 2003 | |
|
B154259
|
Luri v. Greenwald
Party that failed to file opposition to summary judgment motion was not entitled to mandatory relief for attorney's neglect. |
Civil Procedure |
|
Oct. 3, 2003 | |
|
F039423
|
Mills v. Forestex Co.
No triable issues of fact exist to warrant equitable tolling of limitations period. |
Civil Procedure |
|
Oct. 2, 2003 | |
|
C043143
|
Golfland Entertainment Centers Inc. v. Superior Court (Nunez)
Discovery order which prohibited mental examiner from eliciting 'narrative' responses was improper. |
Civil Procedure |
|
Oct. 2, 2003 | |
|
C041520
|
Lomeli v. Dept. of Corrections (State Personnel Board)
Petitioner's writ to compel California Dept. of Corrections to comply with administrative order was not premature. |
Civil Procedure |
|
Oct. 2, 2003 | |
|
B153530
|
Haney v. City of Los Angeles
Police officer's discharge for having unauthorized barbecue on Memorial Day was within statute of limitations. |
Civil Procedure |
|
Oct. 2, 2003 | |
|
C042660
|
Black Diamond Asphalt Inc. v. Superior Court (California Insurance Guarantee Assn.)
Venue is permitted in county where obligation that plaintiff seeks to enforce is strictly statutory. |
Civil Procedure |
|
Oct. 2, 2003 | |
|
C039756
|
Simms v. NPCK Enterprises Inc.
Plaintiffs did not waive right to arbitration by filing lawsuit and seeking restraining order against defendant. |
Civil Procedure |
|
Oct. 2, 2003 | |
|
D039057
|
Camarillo v. Vaage
Malpractice claim against unknown defendant is tolled where Code of Civil Procedure Section 364 notice is properly sent to known potential defendants. |
Civil Procedure |
|
Oct. 2, 2003 | |
|
E030620
|
Fittante v. Palm Springs Motors Inc.
Agreement that bound employee to arbitrate dispute against employer was enforceable. |
Civil Procedure |
|
Oct. 1, 2003 | |
|
02-56058
|
Service Employees International Union v Daughters of Charity Health Systems, Inc.
District court erred in dismissing union's case for lack of subject matter jurisdiction and failure to state claim. |
Civil Procedure |
|
Sep. 30, 2003 | |
|
B146708
|
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to motion to strike. |
Civil Procedure |
|
Sep. 29, 2003 | |
|
B156158
|
Northwest Airlines, Inc. v. Ontario Aircraft Services Inc.
Insurer's failure to advise of applicable limitations period estopped them from later asserting similar defense. |
Civil Procedure |
|
Sep. 26, 2003 | |
|
F034334
|
Lund v. San Joaquin Valley Railroad
Under Federal Employers' Liability Act, award of prejudgment interest to injured employee isn't unauthorized award of damages. |
Civil Procedure |
|
Sep. 24, 2003 | |
|
F038251
|
Peracchi v. Superior Court (People)
Court errs in denying motion to disqualify trial judge, following appeal and remand for resentencing, when he was original judge in previous trial. |
Civil Procedure |
|
Sep. 24, 2003 | |
|
01-16558
|
Albingia Versicherungs A.G. v. Schenker International Inc.
District court had supplemental jurisdiction of state claims after federal question which justified removal disappeared. |
Civil Procedure |
|
Sep. 23, 2003 | |
|
01-15630
|
Kyocera Corp. v. Prudential-Bache Trade Services Inc.
Private parties have no authority to expand allowable review of arbitration awards under Federal Arbitration Act. |
Civil Procedure |
|
Sep. 9, 2003 |