| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99CA2388
|
Farmers Insurance Exchange v. Taylor
Arbitration award exceeding policy limits upheld where insurer failed to introduce evidence of limits. |
Civil Procedure |
|
Jul. 12, 2002 | |
|
01-55182
|
United States v. City of Los Angeles
Court erred in denying Police League intervention as matter of right because it had protectable interest in merits of action. |
Civil Procedure |
|
Jul. 12, 2002 | |
|
F035221
|
Zamora v. Clayborn Contracting Group, Inc.
Court does not abuse discretion in applying Code of Civil Procedure Section 473 to vacate judgment entered pursuant to offer to compromise. |
Civil Procedure |
|
Jul. 11, 2002 | |
|
01-35247
|
Oregon Bureau of Labor and Industries v. U.S. West Communications Inc.
Employment discrimination case should not have been removed from state labor board to district court. |
Civil Procedure |
|
Jul. 11, 2002 | |
|
B149385
|
Buckner v. Tamarin
Deceased patient could not bind adult children to arbitrate claim for wrongful death. |
Civil Procedure |
|
Jul. 9, 2002 | |
|
B153382
|
Fine v. Superior Court (Flores)
Commissioner had authority to issue contempt order against attorney, and order was supported by substantial evidence. |
Civil Procedure |
|
Jul. 9, 2002 | |
|
A093673
|
Groth Bros. Oldsmobile Inc. v. Gallagher
If plaintiff voluntarily dismisses after learning of court's tentative adverse ruling, court has jurisdiction to vacate dismissal and sustain defendant's demurrer. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
B146918
|
Schoendorf v. U.D. Registry Inc.
Plaintiff makes sufficient showing that consumer reporting agency should have modified her report. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
D038976
|
Schroeder v. City Council of City of Irvine
Plaintiff fails to make prima facie showing that vote program is unlawful expenditure of city funds. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
B152512
|
National Technical Systems v. Superior Court (United Pacific Insurance Co.)
Evidence of prior judgment against general contractor was properly excluded in subsequent action against surety. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
B131353
|
Wackeen v. Malis
Without specific request, court does not retain jurisdiction to enforce settlement agreement after case is dismissed. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
C035295
|
People v. Mello
Defendant is entitled to new trial because trial court erred by instructing prospective jurors to lie under oath during voir dire. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
C035179
|
Carwash of America-PO LLC v. Windswept Ventures No. 1
Prevailing party may not recover expert witness fees unless they are separately pleaded and proven. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
01CA0594
|
Club Telluride Owners Association v. Mitchell
Summary judgment is improper where genuine issues of material fact were in dispute. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
01CA1321
|
Gergel v. High View Homes
Interlocutory order requiring parties to arbitrate claims is not appealable. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
00-16290
|
Ochoa v. J.B. Martin and Sons Farms Inc.
Migrant farm workers can assert personal jurisdiction in state of their residence over a nonresident farm employer. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
01-16274
|
Johnson v. Special Education Hearing Office
Court was not required automatically to grant disabled child's request for injunction to maintain educational status quo. |
Civil Procedure |
|
Jul. 8, 2002 | |
|
S096349
|
People v. Willis
With assent of complaining party, trial court has discretion to impose remedies or sanctions short of dismissing entire jury venire. |
Civil Procedure |
|
Jul. 3, 2002 | |
|
G029042
|
Medix Ambulance Service Inc. v. Superior Court (Collado)
Trial court should have heard oral argument for demurrer before posting ruling on internet. |
Civil Procedure |
|
Jul. 3, 2002 | |
|
C035433
|
H.D. Arnaiz Ltd. v. City of San Joaquin
Motion to vacate voluntary dismissal of action was properly granted where party was under mistaken belief. |
Civil Procedure |
|
Jul. 2, 2002 | |
|
B142814
|
Paul v. Friedman
Investigative activity, not 'in connection with issue under consideration' in official proceeding, does not fall within protection of anti-SLAPP statute. |
Civil Procedure |
|
Jul. 2, 2002 | |
|
B148401
|
Kalaba v. Gray
In order for treating physician to be called as 'expert' witness, proponent must properly designate despite reservation. |
Civil Procedure |
|
Jun. 26, 2002 | |
|
D035161
|
San Diego Unified Port District v. Douglas E. Barnhart Inc.
Court abused its discretion by ordering defendants to pay for destructive testing as discovery they did not want to pursue. |
Civil Procedure |
|
Jun. 26, 2002 | |
|
B134398
|
Reese v. Allstate Insurance Co.
Non-parties to class action must intervene and file motion to vacate judgment to obtain appellate standing to oppose settlement of class. |
Civil Procedure |
|
Jun. 25, 2002 | |
|
D038190
|
People ex rel. Dept of Transportation v. Clauser Wells Partnership
Opinion testimony of valuation expert determined by following legal instructions of client was improperly excluded for lack of foundation. |
Civil Procedure |
|
Jun. 20, 2002 | |
|
E028780
|
People v. Badura
Extension of commitment as sexually violent predator was warranted despite three-day delay in finding of probable cause. |
Civil Procedure |
|
Jun. 20, 2002 | |
|
D038611
|
Gemini Aluminum Corp. v. California Custom Shapes Inc.
Award of attorney fees for bad faith in misappropriation claim is proper. |
Civil Procedure |
|
Jun. 20, 2002 | |
|
70163-6
|
Sackett v. Santilli
Defendant in civil case may impliedly consent to waive right to jury trial. |
Civil Procedure |
|
Jun. 20, 2002 | |
|
01-651
|
JPMorgan Chase Bank v. Traffic Stream (BVI) Infrastructure Ltd.
Corporation organized under laws of British Virgin Islands is citizen or subject of foreign state for purposes of alienage diversity jurisdiction. |
Civil Procedure |
|
Jun. 18, 2002 | |
|
01-417
|
Devlin v. Scardelletti
Nonnamed class member who objected to settlement in fairness hearing, may appeal without first intervening. |
Civil Procedure |
|
Jun. 18, 2002 |