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Name Category Published
Wozniak v. Lucutz
Plaintiff may not rely upon ambiguity in own pleading to obtain better judgment at new trial. 		Civil Procedure Dec. 30, 2002
Kootenai Tribe of Idaho v. Veneman
Court abused discretion in granting preliminary injunction against implementation of 'Roadless Rule.' 		Civil Procedure Dec. 25, 2002
Advanced Bionics Corp. v. Medtronic Inc.
Because covenant not to compete is contrary to public policy and California action brought first, dispute should be litigated in California. 		Civil Procedure Dec. 20, 2002
Fontana Empire Center LLC v. City of Fontana
Federal court had jurisdiction to review state court's decision in foreclosure case. 		Civil Procedure Dec. 16, 2002
Howsam v. Dean Witter Reynolds Inc.
Arbitrator, rather than court, must decide whether dispute satisfies time-limit rule of National Association of Securities Dealers. 		Civil Procedure Dec. 16, 2002
Reynolds v. Howsam
Court errs in concluding that parties 'clearly and unmistakably' agreed to allow arbitrator rather than courts to decide dispute is arbitrable. 		Civil Procedure Dec. 10, 2002
Humphrey v. Appellate Division of the Superior Court ( People)
Superior court's appellate division errs in certifying decision for publication and in issuing search warrant pursuant to declaration based on information and belief. 		Civil Procedure Dec. 9, 2002
In re Ford Motor Co.
Amount in controversy does not satisfy federal court jurisdiction because consolidated plaintiffs lack 'undivided and common interests'. 		Civil Procedure Dec. 9, 2002
White v. Lieberman
Statute of limitations to file malicious prosecution lawsuit begins to run on date appellate court issues remittitur. 		Civil Procedure Dec. 4, 2002
City of Hope v. Bryan Cave
Parties who are not intended beneficiaries of settlement agreements may not compel arbitration pursuant to underlying employment contracts. 		Civil Procedure Dec. 3, 2002
Mason v. California Dept. of Real Estate
Person seeking to recover under Real Estate Recovery Program must file application within one year of court judgment. 		Civil Procedure Dec. 3, 2002
Health Industries of America Inc. v. L.A. County Metropolitan Transportation Authority
Action was improperly dismissed where Judge Pro Tem had authority to toll five-year statute period. 		Civil Procedure Dec. 3, 2002
Sully-Miller Contracting Co. v. Gledson/Cashman Construction Inc.
Documents that were unilateral offers to settle and unsigned by all parties are not enforceable agreements under Code of Civil Procedure Section 664.6. 		Civil Procedure Dec. 3, 2002
Franklin v. Fox
Summary judgment for police is proper where they possessed sufficient evidence creating probable cause to arrest plaintiff. 		Civil Procedure Dec. 2, 2002
Millar v. Bay Area Rapid Transit District
Action that was removed to district court may be amended to dismiss federal claims. 		Civil Procedure Dec. 2, 2002
Pagarigan v. Superior Court (Aetna U.S. Healthcare of California Inc.)
Health care provider cannot compel arbitration when agreement does not comply with state's disclosure requirements. 		Civil Procedure Nov. 25, 2002
Levine v. Levine
Statute of limitations to sue trust is not tolled until beneficiaries reach age of majority. 		Civil Procedure Nov. 25, 2002
Pavlovich v. Superior Court (DVD Copy Control Assoc. Inc.)
California's long-arm statute reaches Web site owners who make available for copying or distribution trade secrets of copyrighted material of California companies. 		Civil Procedure Nov. 25, 2002
Slatkin v. White
Contractor may be entitled to assert mechanic's lien despite losing license during construction project. 		Civil Procedure Nov. 19, 2002
Ocheltree v. Gourley
Trial court erred by not issuing alternative writ and ruling on merits of petition without reviewing administrative record. 		Civil Procedure Nov. 19, 2002
People v. Torch Energy Services Inc.
Doctrine of judicial estoppel prevents party from asserting federal pre-emption regarding oil pipeline permit conditions imposed by county. 		Civil Procedure Nov. 19, 2002
Syngenta Crop Protection Inc. v. Henson
All Writs Act does not authorize removal of case from state to federal court. 		Civil Procedure Nov. 12, 2002
Holder v. Holder
When parent filed for custody in state court, he did not waive his rights under Hague Convention in federal court. 		Civil Procedure Nov. 12, 2002
Hosaka v. United Airlines Inc.
Court improperly dismissed action under Warsaw Convention based on forum non conveniens. 		Civil Procedure Nov. 12, 2002
Humble v. Boeing Co.
Party's state law reasonable-accommodation claim is not pre-empted by Labor Management Relations Act. 		Civil Procedure Nov. 12, 2002
American Greyhound Racing Inc. v. Hull
Action challenging state authority in negotiating gaming compacts may not proceed due to Indian tribes' sovereign immunity. 		Civil Procedure Nov. 12, 2002
Wyatt v. Hubbard
Affirmative defense of exhaustion requirement must be proved and established by defendant. 		Civil Procedure Nov. 12, 2002
The Governor Gray Davis Committee v. American Taxpayers Alliance
Party, which financed advertisement criticizing Governor's management of energy problems, is not compelled to comply with disclosure and reporting obligations of Political Reform Act. 		Civil Procedure Nov. 12, 2002
Sammartano v. First Judicial District Court
Motorcycle club members have right to preliminary injunctive relief to enjoin courthouse rules of conduct and attire pending final resolution of their action. 		Civil Procedure Nov. 10, 2002
Dole Food Co. Inc. v. Watts
When forum of corporation's principal place of business is same forum which defendants expressly aim acts, 'effects' test permits exercise of personal jurisdiction. 		Civil Procedure Nov. 10, 2002
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