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Name Category Published
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
California Dept. of Toxic Substances Control v. Commercial Realty Projects Inc.
Cities' motion to intervene in toxic cleanup settlement under CERCLA was untimely. 		Civil Procedure Jan. 15, 2003
Sain v. City of Bend
When underlying cause of action is federal, statute of limitations under federal rules apply. 		Civil Procedure Jan. 15, 2003
San Francisco BayKeeper Inc. v. Tosco Corp.
Citizen's lawsuit under Clean Water Act may proceed if it has reasonably specific notice of alleged violations. 		Civil Procedure Jan. 15, 2003
Thomas v. Nakatani
Denial of state's motion to dismiss on Eleventh Amendment immunity grounds is appealable under collateral order doctrine. 		Civil Procedure Jan. 15, 2003
Lawson v. City of Santa Barbara
Capable-of-repetition doctrine does not apply to case where plaintiff has sufficient time to litigate dispute and exhaust appeals process. 		Civil Procedure Jan. 15, 2003
Coaltion of Clergy, Lawyers and Professors v. Bush
Coalition of clergy and professors lacks standing to seek release of detainees from Afghanistan. 		Civil Procedure Jan. 15, 2003
Soliman v. Philip Morris Inc.
Action against tobacco industry alleging addictive qualities of nicotine were fraudulently concealed is barred by limitations period. 		Civil Procedure Jan. 15, 2003
O'Connor v. Crilley
In hazardous substances litigation, CERCLA's federal commencement rule will apply to plaintiff's state tort claims. 		Civil Procedure Jan. 14, 2003
Porter v. Board of Trustees of Manhattan Beach Unified School District
Parents of disabled student were not required to exhaust state complaint procedures before suing school district. 		Civil Procedure Jan. 9, 2003
Gallimore v. State Farm Fire & Casualty Insurance Co.
Motion to strike complaint under anti-SLAPP statute was improperly granted. 		Civil Procedure Jan. 7, 2003
Marin Healthcare District v. Sutter Health
'Hoadley' rule will not bar application of statute of limitations in action by state seeking to void lease and asset transfer agreement. 		Civil Procedure Jan. 7, 2003
Choy v. Redland Insurance Co.
State court lacks jurisdiction to determine whether defendant in civil suit filed for bankruptcy in bad faith. 		Civil Procedure Jan. 7, 2003
Bias v. Wright
Acceptance notice of offer to compromise that imposed added condition regarding parties' costs does not constitute required proof of acceptance. 		Civil Procedure Jan. 7, 2003
Magness Petroleum Co. v. Warren Resources of California Inc.
Oral modification of written agreement to arbitrate future disputes before particular arbitrator is not enforceable. 		Civil Procedure Jan. 7, 2003
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