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Name Category Published
Evergreen Park of Redmond Ltd. v. Summers
Washington law does not permit assignee of judgment to extend it beyond original ten-year term.
Civil Procedure Jul. 22, 2001
Kline v. Turner
Statute of limitations for fraud begins to run when there is inquiry notice of fraudulent conduct, not just actual evidence.
Civil Procedure Jul. 19, 2001
Brashier v. Commissioner of Internal Revenue
Order
Civil Procedure Jul. 18, 2001
American Ironworks & Erectors Inc. v. North American Construction Corp.
Entry of judgment triggers notice of appeal period for prior interlocutory order granting, but not disbursing, attorney fees.
Civil Procedure Jul. 18, 2001
Citizen Potawatomi Nation v. Norton
Court properly dismisses action when tribe unable to join three 'necessary' and 'indispensable' parties.
Civil Procedure Jul. 18, 2001
Doe v. Unocal Corp.
French corporation does not have sufficient contacts with California subsidiaries to be subject to suit in United States.
Civil Procedure Jul. 18, 2001
Lee v. Wells Fargo Bank
Six month deadline to renew request for attorney fees after intial motion was denied begins to run on date of judge's order.
Civil Procedure Jul. 18, 2001
Ehret v. Congoleum Corporation
Postjudgment interest runs from date of entry of original judgment.
Civil Procedure Jul. 18, 2001
Simons v. Steverson
Court has personal jurisdiction over nonresident law firm that employed attorney licensed in California and who performed legal services in California.
Civil Procedure Jul. 17, 2001
Consumer Cause Inc. v. Arco Oil & Gas Co.
Citizens group may not sue for pollution because notice was not specific enough to allow companies to remedy alleged violations.
Civil Procedure Jul. 17, 2001
Michael v. Aetna Life & Casualty Insurance Co.
No corruption in appraiser existed that required vacating appraisal award pursuant to statute.
Civil Procedure Jul. 17, 2001
Alexander v. Blue Cross of California
Arbitrator is not required to impose discovery sanctions even if trial court would have been required to do so.
Civil Procedure Jul. 17, 2001
Silver Sage Partners Ltd. v. City of Desert Hot Springs
Court abuses discretion in requiring plaintiffs to face new trial or accept remittitur when award isn't against clear weight of evidence.
Civil Procedure Jul. 17, 2001
W.N.J. v. David Yocom, Salt Lake County
Because plaintiffs used pseudonyms before obtaining permission from district court, case was improperly filed and appeals court lacks jurisdiction.
Civil Procedure Jul. 17, 2001
In re Leon G.
Arizona's sexually violent person statute does not violate constitution.
Civil Procedure Jul. 16, 2001
People v. Fremont General Corp.
Company that offered to settle lawsuit filed by state but was exonerated at trial is entitled to costs.
Civil Procedure Jul. 12, 2001
Division of Labor Standards Enforcement v. Atlantic Baking Co. Inc.
State statute extending deadline for filing does not apply to jurisdictional time limit for filing writ petition from Labor Commissioners order.
Civil Procedure Jul. 12, 2001
Hicks v. Kaufman and Broad Home Corp.
Class action for breach of warranty may be maintained when class is ascertainable and common questions of law and fact predominate.
Civil Procedure Jul. 12, 2001
Trafficschoolonline Inc. v. Superior Court (Ohlrich)
Superior court does not have authority to transfer case to court of appeal or supreme court.
Civil Procedure Jul. 11, 2001
Foxgate Homeowners' Assn. v. Bramalea California Inc.
Trial court must recite specific conduct and circumstances that justify sanctions order.
Civil Procedure Jul. 10, 2001
Skamania County v. Columbia River Gorge Commission
Under land-use ordinance, river gorge commission failed to timely challenge county's approval of building application in scenic area.
Civil Procedure Jul. 9, 2001
Nelson v. Superior Court (County of Los Angeles)
Filing of tort claim is sufficient notice to alert sheriff's department that recordings of radio transmissions must be preserved for pending litigation.
Civil Procedure Jul. 9, 2001
Leader v. Health Industries of America, Inc.
Mandatory relief provision allowing plaintiffs to amend complaints is not applicable where plaintiffs had ample time to amend complaint.
Civil Procedure Jul. 9, 2001
Smith v. SHN Consulting Engineers & Geologists, Inc.
Two-year statute of limitations applies to losses incurred by contractor due to architect and construction manager's alleged professional negligence.
Civil Procedure Jul. 9, 2001
Ames v. Paley
Court retains inherent power to retroactively correct judgment that failed to conform to terms of settlement agreement.
Civil Procedure Jul. 9, 2001
McClellan v. Northridge Park Townhome Owners Association, Inc.
Court properly adds corporation as party to judgment when substantial evidence of its successor liability exists.
Civil Procedure Jul. 9, 2001
Brown v. Industrial Commission of Arizona
Award of supportive care benefits may not be relitigated unless change occurs in physical condition or medical procedures.
Civil Procedure Jul. 5, 2001
O'Connor v. Washington State Dept. of Social and Health Services
Disclosure under Public Records Act is required even during litigation if records could be obtained through civil court discovery rules.
Civil Procedure Jul. 2, 2001
Lundy v. Ford Motor Co.
Court's incorrect definition of 'substantially' is reversible error.
Civil Procedure Jul. 2, 2001
American Cemwood Corp. v. American Home Assurance Co.
Defendant seeking to remove case to more convenient forum must show that all defendants may be served in alternate forum.
Civil Procedure Jul. 2, 2001