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Name Category Published
Southern California Edison v. Lynch
Wholesale generators may not intervene as matter of right based on claim against third-party debtor. 		Civil Procedure Aug. 26, 2003
Bianchi v. Rylaarsdam (Bank of America National Trust & Savings Assn.)
Federal district court does not have subject matter jurisdiction to hear appeal from final judgment of state court. 		Civil Procedure Aug. 19, 2003
Zapanta v. Universal Care Inc.
Court improperly granted summary judgment motion where plaintiffs voluntarily filed request for dismissal. 		Civil Procedure Aug. 19, 2003
Iliff v. Dustrud
Application for renewal of default judgment was timely within 10-year period. 		Civil Procedure Aug. 19, 2003
Muccianti v. Willow Creek Care Center
Motion to vacate judgment is not granted where interests of nonparties and public would be adversely affected. 		Civil Procedure Aug. 19, 2003
Cruz. v. Pacificare Health Systems Inc.
Claims under Consumer Legal Remedies Act to enjoin unfair competition and misleading advertising are not arbitrable. 		Civil Procedure Aug. 19, 2003
Carpinteria Valley Farms v. The County of Santa Barbara
Plaintiff's claims against county aren't takings claims, but are 42 U.S.C. Section 1983 claims ripe for review. 		Civil Procedure Aug. 18, 2003
Nutrition Now, Inc. v. Superior Court (Cappseals Inc.)
Court may determine whether out-of-state settlement was reached in good faith for purposes of equitable allocation among joint tortfeasors. 		Civil Procedure Aug. 13, 2003
Stern v. Superior Court (Getz, Krycler & Jakubovits)
Trial court, without providing notice and opportunity to present opposition, erroneously ordered action reclassified as limited civil case. 		Civil Procedure Aug. 13, 2003
Diamond Woodworks Inc. v. Argonaut Insurance Co.
Punitive damages award of $5.5 million does not comport with due process. 		Civil Procedure Aug. 12, 2003
Geneva Towers LP v. City and County of San Francisco
Statute of limitations to sue city that fails to respond to request for property-tax refund is six months. 		Civil Procedure Aug. 12, 2003
Kalai v. Gray
There is no waiver of right to arbitrate by filing suit in court; attorney fees must be awarded per arbitration agreement. 		Civil Procedure Aug. 11, 2003
Kahn v. Lasorda's Dugout Inc.
Trial court should have considered whether to accept copies of documents rather than originals at default prove-up hearing. 		Civil Procedure Aug. 11, 2003
Palmer v. GTE California Inc.
Service of copy of file-stamped judgment triggers time period to seek new trial or judgment notwithstanding verdict. 		Civil Procedure Aug. 11, 2003
Celaya v. Halter
Administrative law judge failed to meet obligation to develop record regarding claimant's obesity in proceeding for Social Security benefits. 		Civil Procedure Aug. 3, 2003
First American Title Co. v. Mirzaian
Court clerk's entry of default and denial of motion to set aside clerk's entry of default is not appealable. 		Civil Procedure Jul. 30, 2003
Cossman v. DaimlerChrysler Corp.
Code of Civil Procedure Section 361 bars tort action which accrued in another state and plaintiff is non-resident. 		Civil Procedure Jul. 29, 2003
Parris v. Superior Court (Lowe's H.I.W. Inc.)
Precertification communication with potential plaintiffs of class action does not require court approval. 		Civil Procedure Jul. 28, 2003
Eisendrath v. Superior Court (Rogers)
Communications made during confidential mediation cannot be disclosed without express waiver of parties. 		Civil Procedure Jul. 28, 2003
Twedt v. Franklin
Incorporation by attachment of written transcript that specifies reasons for grant of new trial complies with procedural requirements. 		Civil Procedure Jul. 28, 2003
Oldham v. California Capital Fund Inc.
Without sufficient information, superior court could not have properly exercised its discretion in approving settlement. 		Civil Procedure Jul. 28, 2003
Pfeiffer Venice Properties v. Superior Court (Bernard)
Post-appeal peremptory challenges are available to both appellants and respondents. 		Civil Procedure Jul. 25, 2003
In re Vitamin Cases
Code of Civil Procedure Section 384 does not preclude cy pres recovery in class action settlement. 		Civil Procedure Jul. 25, 2003
Plata v. Davis
Order dealing with composition of plaintiff class in class action suit was not immediately appealable. 		Civil Procedure Jul. 23, 2003
Yamamoto v. Bank of New York
Court has discretion to modify sequence of recission events under Truth in Lending Act. 		Civil Procedure Jul. 23, 2003
Norita v. Commonwealth of the Northern Mariana Islands
In suit by officials to recover overtime pay, court determines Commonwealth of Northern Mariana Islands isn't entitled to sovereign immunity defense. 		Civil Procedure Jul. 22, 2003
Union Oil Co. of California v. Terrible Herbst Inc.
Withholding assertion of non-frivolous claim in reliance on agreement is consideration to support contract; court abused discretion by granting new trial. 		Civil Procedure Jul. 22, 2003
Du Charme v. International Brotherhood of Electrical Workers, Local 45
Defendant's statements about plaintiff that did not occur in context of ongoing controversy or discussion are not covered by anti-SLAPP statute. 		Civil Procedure Jul. 8, 2003
Vick v. DaCorsi
Settlement offer without apportionment was valid despite being made to married couple jointly. 		Civil Procedure Jul. 8, 2003
Consumer Justice Center v. Trimedica International Inc.
Commercial speech regarding product as natural alternative to breast implants is not public issue within meaning of anti-SLAPP statute. 		Civil Procedure Jun. 25, 2003
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