| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-3404
|
Kinnell v. Graves
Prisoner who filed more than three actions dismissed as frivolous was properly barred from proceeding in forma pauperis. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
99-56472
|
Hart v. Massanari
Ninth Circuit rule barring citation of unpublished dispositions is not unconstitutional. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
99-71278
|
Rivera v. Railroad Retirement Board
Court doesn't have jurisdiction to review Railroad Retirement Board's dismissal of claim for benefits because dismissal wasn't final decision of the board. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
00-35660
|
Ahmed v. State
Federal court lacked jurisdiction to hear First Amendment claim after it was considered and rejected by state appeals board. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
B138624
|
Cuenllas v. VRL International Ltd.
Minute order without title 'notice of entry' does not trigger 60-day time period for filing notice of appeal. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
B148732
|
American Humane Assn. v. Los Angeles Times Communications
Defendant is not required to submit proof of attorney fees at same time it files motion to strike. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
C034619
|
Simmons v. Allstate Insurance Co.
Cross-complaint filed by health care providers accused of insurance fraud violated anti-SLAPP law. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
G025177
|
Katelaris v. County of Orange
Employee declarations about timely mailing of claim rejection satisfies judgment barring suit on statute of limitations grounds. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
B148833
|
Estate of Gilliland
Appeals court can accept stipulated reversal under Code of Civil Procedure so long as it makes the findings listed in statute. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
25551-1
|
U.S. Bank National Assn. v. Oliverio
Trial court has jurisdiction to reinstate security interest of foreclosing bank that mistakenly released interest. |
Civil Procedure |
|
Nov. 15, 2001 | |
|
00-1162
|
Bartell v. Aurora Public Schools
Plaintiff's factual contentions fail to demonstrate that summary judgment ruling on 42 U.S.C. Section 1983 claim in defendant's favor was error. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
99-16604
|
Kanter v. Warner-Lambert Co.
Defendant who improperly removes lawsuit from state to federal court is liable for attorney fees. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
01-2271
|
Homans v. City of Albuquerque
Because all requirements for emergency motion for injunction pending appeal are satisfied, defendants are enjoined from further enforcing provision of city charter. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
99-17539
|
U.S. v. Horizon West Inc.
Private party may sue for Medicare fraud because prior disclosures had not already revealed underlying allegations. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
B144004
|
Sanabria v. Embrey
Dismissal of claim against defendant triggered deadline to request costs, even though claim against another defendant was still pending. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
B143598
|
Castillo v. City of Los Angeles
When prerequisites of issue preclusion are met and public policy favors applying preclusion, employee is precluded from relitigating issue of wrongful discharge. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
G022642
|
Laborde v. Aronson
Defendant was protected from suit by litigation privilege, and attorney defendant representing self may be awarded sanctions. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
C034356
|
Andre v. City of West Sacramento
Plaintiff who won lawsuit is not entitled to attorney fees without showing she actually incurred them. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
F035332
|
Levy v. Blum
Trial court correctly awarded sanctions for frivolous litigation tactics under one of two possible statutes. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
B145169
|
Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort
Statute of limitations did not expire for malpractice lawsuit when it appeared law firm continuously represented client. |
Civil Procedure |
|
Nov. 12, 2001 | |
|
B150429
|
Kravitz v. Superior Court (Milner)
Pro se litigant can not recover attorney fees through discovery sanctions, but may recover reasonable expenses. |
Civil Procedure |
|
Nov. 12, 2001 | |
|
B135352
|
Payne v. National Collection Systems Inc.
Plaintiffs may sue for restitution because res judicata principles do not apply to prior unfair competition lawsuit brought by prosecutor. |
Civil Procedure |
|
Nov. 12, 2001 | |
|
00-55060
|
Walker v. City of Lakewood
Retaliation claim against city by independent fair-housing counseling program is actionable under Fair Housing Act. |
Civil Procedure |
|
Nov. 12, 2001 | |
|
00-15444
|
Shannon-Vail Five Inc. v. Bunch
Federal court properly applied Nevada law, rather than law of California, to claims of usurious interest rates and conversion. |
Civil Procedure |
|
Nov. 11, 2001 | |
|
S090232
|
People v. Smith
Order |
Civil Procedure |
|
Nov. 8, 2001 | |
|
46029-3-I
|
City of Seattle v. Keene
Statutory writ is proper only when no adequate legal remedy exists, when inferior tribunal has acted illegally or exceeded jurisdiction. |
Civil Procedure |
|
Nov. 1, 2001 | |
|
47346-8-I
|
Snohomish County v. State of Washington Shorelines Hearings Board
Shorelines Hearing Board didn't err in ruling that service of process on county's planning department complied with requirement to serve local government. |
Civil Procedure |
|
Nov. 1, 2001 | |
|
26595-8-II
|
Bank of America v. Miller
Absent a showing of fraud, undue influence or disparate bargaining power, forum selection clause in commercial lease remains enforceable. |
Civil Procedure |
|
Nov. 1, 2001 | |
|
18644-0
|
Landberg v. Carlson
"Tardy offer" of oral testimony at summary judgment hearing was properly denied. |
Civil Procedure |
|
Nov. 1, 2001 | |
|
B150551
|
United Services Automobile Assn. v. Superior Court (Moore)
Court errs in approving sliding-scale settlement when, among other things, value assigned to loan isn't substantiated by evidence or any analysis. |
Civil Procedure |
|
Oct. 31, 2001 |