| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01CA0605
|
John L. Livingston and Westland Marketing Inc. v. U.S. Bank N.A.
Where individual issues predominated, trial court did not err in refusing to certify class action. |
Civil Procedure |
|
May 14, 2002 | |
|
20067-1
|
Moen v. Spokane City Police Dept.
Owner who successfully challenges forfeiture of automobile may recover reasonable attorney fees. |
Civil Procedure |
|
May 7, 2002 | |
|
69406-1
|
Asarco Inc. v. Dept. of Ecology
Judicial review is not available for preemptive challenge to enforcement action of state department of ecology. |
Civil Procedure |
|
May 7, 2002 | |
|
70344-2
|
International Association of Fire Fighters v. City of Everett
Labor union that successfully recovers wages for members during arbitration is entitled to attorney fees. |
Civil Procedure |
|
May 7, 2002 | |
|
26256-8
|
Hecker v. Cortinas
Sufficient evidence supported issuance of domestic violence protection order. |
Civil Procedure |
|
May 7, 2002 | |
|
70360-4
|
In re Peterson
State has burden to establish probable cause to detain prisoner as sexually violent predator. |
Civil Procedure |
|
May 7, 2002 | |
|
01-0142
|
Lane v. The City of Tempe
Defendant, through deposition, interrogatories and attorney participation, makes adequate appearance at arbitration proceeding and doesn't waive right to appeal plaintiff's award. |
Civil Procedure |
|
May 7, 2002 | |
|
01-0090
|
Walk v. Ring
Plaintiff was not on notice as matter of law that her dentist performed in a negligent manner. |
Civil Procedure |
|
May 7, 2002 | |
|
00-56696
|
Wenger v. Munroe
Retired colonel's challenge of military personnel decisions are non-justicable under 'Mindes' factors. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-57154
|
Nguyen v. Southwest Leasing and Rental Inc.
Oral notice of entry of judgment satisfies Federal Rule of Appellate Procedure 4(a)(6) if it is specific, reliable and unequivocal. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-16509
|
Orr v. Bank of America
Evidence offered in opposition to summary judgment motion is inadmissible as hearsay and lack of proper authentication. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-56450
|
Community Dental Services v. Tani
Client whose attorney was grossly negligent deserves relief from default judgment. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-16191
|
Zambrano v. INS
Dismissed action may not be reviewed for jurisdiction to determine party's eligibility under Equal Access to Justice Act. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
B148018
|
Harris v. Sandro
Arbitration award is not subject to judicial review and sanctions are imposed for filing frivolous appeal. |
Civil Procedure |
|
Apr. 29, 2002 | |
|
00-17378
|
McBride Cotton and Cattle Corp. v. Veneman
Exhaustion statute, 7 U.S.C. Section 6912(e), is not jurisdictional because it is merely codification of exhaustion requirement. |
Civil Procedure |
|
Apr. 29, 2002 | |
|
G027697
|
Trabuco Highlands Community Assn. v. Head
Trial court inadequately addressed whether arbitration was binding. |
Civil Procedure |
|
Apr. 29, 2002 | |
|
00-35321
|
James v. Price Stern Sloan Inc.
Appellate jurisdiction exists where plaintiff dismisses remaining claims without prejudice, with approval of district court, in order to make judgment appealable. |
Civil Procedure |
|
Apr. 26, 2002 | |
|
00-16136
|
Fischer v. Vantive Corp. (In re Vantive Corp. Litigation)
Class action failed to assert particularized reasons why alleged statements are misleading under Private Securities Litigation Reform Act. |
Civil Procedure |
|
Apr. 26, 2002 | |
|
01-15449
|
Transmission Agency of Northern California v. Sierra Pacific Power Co.
Ninth Circuit no longer had jurisdiction over federal claims and state claims were pre-empted by federal law. |
Civil Procedure |
|
Apr. 22, 2002 | |
|
01SA203
|
Keefe v. Kirschenbaum
Colorado resident and New York law firm's continuing obligations are sufficient to satisfy requirements for exercise of specific jurisdiction by Colorado. |
Civil Procedure |
|
Apr. 22, 2002 | |
|
01-7015
|
U.S. v. Buck
Claim of fraud upon court was improperly pleaded in quiet title action against United States. |
Civil Procedure |
|
Apr. 17, 2002 | |
|
B149202
|
California Dept. of Forestry and Fire Protection v. LeBrock
Health & Safety Code statutes do not create a contract establishing a right to attorney fees for prevailing party. |
Civil Procedure |
|
Apr. 17, 2002 | |
|
B154298
|
Richter v. Aetna Life Insurance & Annuity Co.
Under new court rule, notice of cross-appeal was timely filed. |
Civil Procedure |
|
Apr. 16, 2002 | |
|
01-0186
|
Flood Control District of Maricopa County v. Gaines (Paloma Investment Limited Partnership)
Law barring actions against state not brought within one year of when cause of action accrues governs inverse condemnation action. |
Civil Procedure |
|
Apr. 9, 2002 | |
|
B149642
|
Kajima Engineering and Construction Inc. v. City of Los Angeles
Party fails to meet its threshold burden to show that alleged acts were subject to anti-SLAPP statute. |
Civil Procedure |
|
Apr. 8, 2002 | |
|
B144476
|
California Wholesale Material Supply Inc. v. Norm Wilson & Sons
Assignee of party's accounts receivable is liable for attorney fees pursuant to subcontract though assignee was not signatory to subcontract. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
F034098
|
Lauren H., a Minor
Because jury rendered a 'compromise verdict,' trial court's decision to order complete new trial is proper. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
D036202
|
Snapp & Associates Insurance Services, Inc. v. Robertson
Statute of limitations for misappropriation action is not tolled under fraudulent concealment theory. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
A094408
|
Schmier v. Supreme Court of California
Plaintiff who sued to compel publication of all state appellate opinions is not entitled to attorney fees. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
00-16114
|
Amantea-Cabrera v. Potter
Employee was not entitled to have EEOC letter concluding employer was liable for discrimination admitted at trial. |
Civil Procedure |
|
Apr. 5, 2002 |