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Roulier v. Cannondale
Although Switzerland is suitable forum for plaintiff's product liability suit, public and private factors favor trial in California.
Civil Procedure Oct. 7, 2002
Mitchell v. American Fair Credit Assn. Inc.
Credit services organization may not unilaterally change contract terms to require arbitration of disputes.
Civil Procedure Oct. 2, 2002
Gee v. American Realty & Construction Inc.
Trial court had jurisdiction to deny judgment creditor's motion to file abstract of judgment.
Civil Procedure Oct. 2, 2002
Filarsky v. Superior Court (City of Manhattan Beach)
City may not seek declaratory relief regarding its obligation to disclose documents to members of public.
Civil Procedure Oct. 2, 2002
Jordan v. California Department of Motor Vehicles
Arbitrator lacked authority to award $88 million in attorney fees to plaintiffs who had smog impact fee declared unconstitutional.
Civil Procedure Oct. 2, 2002
Groves v. Peterson
Denial to set aside default judgment does not trigger collateral estoppel to bar independent action in equity.
Civil Procedure Oct. 2, 2002
Walker v. San Francisco Housing Authority
Without filing objection, party is deemed to have stipulated to commissioner's jurisdiction to hear all matters 'arising under or related to' discovery.
Civil Procedure Oct. 2, 2002
Hammond v. Agran
Party is awarded attorney fees for litigating issue of 'scope' of statute.
Civil Procedure Oct. 2, 2002
Greene v. Dillingham Construction
Plaintiff's award of attorney fees and costs was reasonably adjusted to reflect unsuccessful claims.
Civil Procedure Oct. 2, 2002
People v. Benavides
State may not appeal order restricting defendant's contact with former jurors.
Civil Procedure Oct. 1, 2002
Case v. City Thrift & Loan Assn.
Court may reconsider its own interim orders irrespective of Code of Civil Procedure Section 1008.
Civil Procedure Oct. 1, 2002
Bravo v. Ismaj
Plaintiff was entitled to hearing before being declared vexatious litigant.
Civil Procedure Oct. 1, 2002
Virtualmagic Asia Inc. v. Fil-Cartoons Inc.
Despite lack of sufficient contacts, specific jurisdiction over foreign corporation is proper where claim involves California-based activities.
Civil Procedure Oct. 1, 2002
Pagarigan v. Libby Care Center Inc.
Arbitration agreement signed by children regarding death of nursing home resident is not binding.
Civil Procedure Oct. 1, 2002
Rusheen v. Drews
Defendant's plea of nolo contendere to offense 'punishable' as felony is admissible as party admission in civil action.
Civil Procedure Oct. 1, 2002
People v. Carmony
Earlier finding that defendant is not mentally disordered sex offender does not bar subsequent confinement.
Civil Procedure Oct. 1, 2002
Fatica v. Superior Court (Liljegren)
Trial court's order, prohibiting treating physician from testifying as to his opinions, was wrong as matter of law.
Civil Procedure Oct. 1, 2002
Zamora v. Clayborn Contracting Group Inc.
Discretionary relief is available where typographical error miscommunicated settlement offer to opposing party.
Civil Procedure Oct. 1, 2002
O'Toole v. Northrop Grumman Corp.
Employee alleging company failed to pay promised relocation expenses may proceed with breach of contract lawsuit.
Civil Procedure Sep. 29, 2002
Allen v. American Family Mutual Insurance Co.
Motion for directed verdict must state the specific element of a plaintiff's claim that is insufficiently supported.
Civil Procedure Sep. 29, 2002
Hytken v. Wake
Trial court did not abuse its discretion by dismissing case where nonresident plaintiff failed to file cost bond.
Civil Procedure Sep. 29, 2002
Henry v. Healthpartners of Southern Arizona
Plaintiff is entitled to retrial because court improperly read allegations in complaint to jury.
Civil Procedure Sep. 29, 2002
Andersen v. United States
Denial of plaintiffs' motion for preliminary injunction seeking various relief and tied to ongoing grand jury investigation is not final, appealable order.
Civil Procedure Sep. 26, 2002
Stewart v. U.S. Bancorp
Plaintiffs are barred from litigating ERISA claims that could have been raised in previous action against employer.
Civil Procedure Sep. 26, 2002
Huth v. Hartford Insurance Co. of the Midwest
Court did not abuse discretion by remanding state law insurance benefits case to state court.
Civil Procedure Sep. 26, 2002
Prescott v. County of El Dorado
Plaintiffs lack standing to challenge indemnification provision in collective bargaining agreement because there is no causal relationship between agreement and plaintiffs' injuries.
Civil Procedure Sep. 26, 2002
United Computer Systems, Inc. v. AT&T
Motion to compel arbitration pursuant to contract's arbitration clause will not be barred by doctrine of res judicata.
Civil Procedure Sep. 26, 2002
U.S. v. Carpenter
Environmental organizations' motion to intervene in environmental suit was timely.
Civil Procedure Sep. 25, 2002
Wright v. B&L Properties
Plaintiffs who made reasonably diligent efforts to serve defendant personally satisfied substitute service statute by mailing summons and complaint.
Civil Procedure Sep. 25, 2002
Coachella Valley Mosquito and Vector Control District v. City of Indio
Cross-complaints based on action dismissed for lack of jurisdiction must also be dismissed.
Civil Procedure Sep. 24, 2002