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Name Category Published
Conservatorship of McElroy
Nod of head is insufficient to show oral consent of alleged settlement. 		Civil Procedure Feb. 20, 2003
Dieden v. Schmidt
Judgment lien on real property held by tenant in common survives change in title to joint tenancy and death of debtor tenant. 		Civil Procedure Feb. 20, 2003
People v. First Federal Credit Corp.
People were not required to present evidence of defendant's financial condition in order to justify amount of civil penalty imposed. 		Civil Procedure Feb. 20, 2003
Staton v. Boeing Co.
Settlement of class action lawsuit cannot include attorney fees as portion of common fund created for benefit of class. 		Civil Procedure Feb. 18, 2003
Eliceche v. Federal Land Bank Assn. of Yosemite et al.,
Order shortening time to hear motion of discretionary dismissal was properly granted. 		Civil Procedure Feb. 18, 2003
Knisley v. Network Associates
Class action plaintiff who didn't submit claim for loss in order to get share of settlement lacks standing to challenge attorney fees award. 		Civil Procedure Feb. 18, 2003
Commonwealth Utilities Corp. v. Goltens Trading & Exchange PTE Ltd.
Claim for contribution failed to set forth specific facts necessary to create genuine issue for trial. 		Civil Procedure Feb. 18, 2003
Advanced Bionics Corp. v. Medtronic Inc.
Under principles of judicial restraint and comity, temporary restraining order issued against parties in Minnesota proceedings was improper. 		Civil Procedure Feb. 18, 2003
Porter v. Jones
District court erred by applying abstention doctrine in First Amendment case. 		Civil Procedure Feb. 17, 2003
PLANS Inc. v. Sacramento City Unified School District
People for Legal and Non-Sectarian Schools Inc. has taxpayer standing to challenge school districts' sponsorship of allegedly religion-based educational curriculum. 		Civil Procedure Feb. 17, 2003
Sites v. Superior Court (Rosenbledt)
Petitioner cannot seek writ of mandate to compel superior court's appellate division to certify case to court of appeals when transfer procedures foreclosed by statute. 		Civil Procedure Feb. 11, 2003
In re Tobacco Cases II
Health care trust fund's lawsuit against tobacco companies was properly dismissed because damages were too remote. 		Civil Procedure Feb. 11, 2003
Capital Trust Inc. v. Tri-National Development Corp.
New York judgment based on defendant's confession of judgment is entitled to full faith and credit in California court. 		Civil Procedure Feb. 5, 2003
One World Networks Integrated Technologies Inc. v. Duitch
Current employer lacks standing to seek stay of arbitration proceeding between employee and former employer. 		Civil Procedure Feb. 5, 2003
Pavlovich v. Superior Court (DVD Copy Control Assn., Inc.)
Personal jurisdiction was improperly exercised over Texas defendant who posted an Internet website. 		Civil Procedure Feb. 5, 2003
Cheek v. Superior Court (People)
Defendant convicted in multiple counties may be committed as sexually violent predator in each county. 		Civil Procedure Feb. 4, 2003
Settlemire v. Superior Court (Settlemire)
Absent consent from both parties, hearing involving domestic issues may not be referred to Commissioner. 		Civil Procedure Feb. 4, 2003
Gauss v. GAF Corp.
Code of Civil Procedure Section 664.6 cannot be used to enforce settlement signed by party's agent, instead of party itself. 		Civil Procedure Feb. 4, 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 Feb. 4, 2003
Smith v. Rae-Venter Law Group
For purposes of attorney fees shifting, party is successful in appeal when resulting judgment is more favorable than administrative award. 		Civil Procedure Feb. 4, 2003
Kajima Engineering and Construction Inc. v. Pacific Bell
Referee serving on general reference by trial court is not required to take oath. 		Civil Procedure Feb. 4, 2003
Guillemin v. Stein
Government Code Section 6103.5 authorizes recovery of costs for filing fees when judgment is entered in favor of public officials. 		Civil Procedure Feb. 4, 2003
Intershop Communications AG v. Superior Court (Martinez)
Mandatory forum selection agreement is valid unless plaintiff demonstrates enforcement would be unreasonable. 		Civil Procedure Feb. 4, 2003
Keitel v. Heubel
Bankruptcy case did not preclude court from imposing sanctions on debtors for filing frivolous appeal in state action. 		Civil Procedure Jan. 29, 2003
Saakyan v. Modern Auto Inc.
Statutory offer to compromise is not extinguished by judgment that is vacated by subsequent order for new trial. 		Civil Procedure Jan. 29, 2003
People v. Superior Court (Maria Plascencia, $68,317).
Jury trial is required to determine whether plaintiff has standing to challenge forfeiture proceedings. 		Civil Procedure Jan. 29, 2003
Galbraith v. County of Santa Clara
Heightened pleading standard of improper motive does not apply to constitutional tort claims against individual officers. 		Civil Procedure Jan. 15, 2003
Motorola Inc. v. Federal Express Corp.
Freight carrier may be liable for entire weight of cargo when damaged portion affected value of whole shipment. 		Civil Procedure Jan. 15, 2003
Flatow v. Islamic Republic of Iran
Bank owned by Iranian government is not liable for default judgment entered against Iranian state. 		Civil Procedure Jan. 15, 2003
Four Pillars Enterprises Co. v. Avery Dennison Corp.
Magistrate didn't abuse discretion by denying petitioner's discovery request on ground that protective order of Ohio federal court would be frustrated. 		Civil Procedure Jan. 15, 2003
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