| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
69053-7
|
Moore v. Whitman County
County must meet population requirements or choose compliance with Growth Management Act to come under jurisdiction of hearings board. |
Civil Procedure |
|
May 22, 2001 | |
|
68868-1
|
Haywood v. Aranda
Plaintiffs cannot object to defendants' failure to file proof of service of request for trial after trial has taken place. |
Civil Procedure |
|
May 22, 2001 | |
|
97-1421 and 98-1002
|
United International Holdings v. The Wharf (Holdings) Limited
Substantial and non-frivolous federal claims permits court to exercise supplemental jurisdiction over related state claims. |
Civil Procedure |
|
May 21, 2001 | |
|
68428-6
|
Kucera v. State of Washington
Court may not issue injunction limiting speed of passenger ferry without first finding that claimants had inadequate remedy at law. |
Civil Procedure |
|
May 21, 2001 | |
|
68804-4
|
Broad v. Mannesmann Anlagenbau Ag
Service of process upon foreign party need not occur within 90 day statute of limitations if document is transmitted to central authority. |
Civil Procedure |
|
May 21, 2001 | |
|
E025064, E025163, and E025181
|
Lockheed Martin Corp. v. Superior Court (Carrillo)
Class certification requires sufficient community of interest among class members seeking 'medical monitoring' from defendants that allegedly contaminated city's groundwater. |
Civil Procedure |
|
May 20, 2001 | |
|
45080-8-I
|
Kirkham v. Smith
Misrepresentation claim under Franchise Investment Protection Act should be evaluated using preponderance of evidence standard rather than clear, cogent and convincing standard. |
Civil Procedure |
|
May 20, 2001 | |
|
41710-0-I
|
Snohomish County v. Somers
Superior court lacks jurisdiction to hear petition alleging county failed to comply with Growth Management Act. |
Civil Procedure |
|
May 18, 2001 | |
|
01SA18
|
Beeghly v. Mack (In re Beeghly)
Trial court may not enter default judgment for possession based solely on failure to post bond under forcible entry and detainer statute. |
Civil Procedure |
|
May 18, 2001 | |
|
B145789
|
General Electric Capital Auto Financial Services Inc. v. Superior Court (Harris)
Appellate division of superior court has jurisdiction to review small claims postjudgment order. |
Civil Procedure |
|
May 18, 2001 | |
|
D036107
|
Barker v. Brown & Williamson Tobacco Corp.
Amendments to Civil Code in 1997 revoking tobacco company's immunity do not revive wrongful death action otherwise barred by statute of limitations. |
Civil Procedure |
|
May 18, 2001 | |
|
B132502 and B138750
|
Jun v. Myers
Court does not have discretion to deny motion to sue receiver and motion to intervene in underlying action by determining claim lacks merit. |
Civil Procedure |
|
May 18, 2001 | |
|
67907-0
|
Cox v. Spangler
Under 'collateral source rule' court can exclude evidence of plaintiff's receipt of industrial insurance benefits for injuries sustained in prior accident. |
Civil Procedure |
|
May 17, 2001 | |
|
D035336
|
Dupont v. Dupont
Interest on support obligation payable in installments accrues when installment becomes due and not on entire amount from date of entry. |
Civil Procedure |
|
May 17, 2001 | |
|
G027263
|
Condee v. Longwood Management Corp.
Arbitration agreement must be shown to exist for petition to compel arbitration, but it need not be authenticated before enforceability is determined. |
Civil Procedure |
|
May 17, 2001 | |
|
99-1405
|
Grynberg Production Corp. v. Godfrey
Order |
Civil Procedure |
|
May 16, 2001 | |
|
B132298
|
Tri-West Insurance Services Inc. v. Seguros Monterey Aetna
Personal jurisdiction can't be asserted over Mexican insurer that provides coverage for goods transported by Mexican clothing manufacturer to California. |
Civil Procedure |
|
May 16, 2001 | |
|
98-1109
|
Shalala v. Illinois Council on Long Term Care Inc.
Challenge to Medicare regulations must be reviewed through special administrative channels, not by federal courts. |
Civil Procedure |
|
May 16, 2001 | |
|
B133804 and B137561
|
Wilner v. Sunset Life Insurance Co.
Court may not sustain insurance company's demurrer to class action lawsuit when insured's complaint adequately alleges existence of ascertainable class and community of interests. |
Civil Procedure |
|
May 16, 2001 | |
|
B128915
|
Wagner v. City of South Pasadena (Landmark Theatre Corp.)
Summons is deemed served on date written acknowledgment of receipt is executed, not on date of mailing. |
Civil Procedure |
|
May 16, 2001 | |
|
99-0124
|
Brush Wellman Inc. v. Lee (Stoecker)
Once party has exercised right to a peremptory change of judge, that right is not renewed upon remand after appeal. |
Civil Procedure |
|
May 16, 2001 | |
|
98-17122
|
TCI Group Life Insurance Plan v. Knoebber
Default judgment is improper where defendant fails to respond to complaint due to extenuating circumstances and public policy favors decision on merits. |
Civil Procedure |
|
May 16, 2001 | |
|
99-56466
|
Owens v. Kaiser Foundation Health Plan
Res judicata is properly invoked although plaintiffs did not receive 'right to sue' letters until after case had been dismissed with prejudice. |
Civil Procedure |
|
May 16, 2001 | |
|
99-5
|
U.S. v. Morrison
Federal statute that provides civil remedy for victims of gender-motivated violence is unconstitutional. |
Civil Procedure |
|
May 15, 2001 | |
|
99-56013
|
Estrada v. Speno & Cohen
Court does not abuse discretion by ordering default judgment against party that willfully, repeatedly and persistently disobeyed court orders. |
Civil Procedure |
|
May 15, 2001 | |
|
99-16109
|
Albano v. Norwest Financial Hawaii Inc.
After default judgment of foreclosure is entered, subsequent truth-in-lending claim against mortgagor is barred by res judicata. |
Civil Procedure |
|
May 15, 2001 | |
|
99-2008
|
Judd v. University of New Mexico
Courts lacks jurisdiction over premature notice of appeal where order is subject to objections. |
Civil Procedure |
|
May 15, 2001 | |
|
98-8111 and 99-8022
|
Rodgers v. Wyoming Attorney General
Certificate of probable cause and of appealability are equivalent to notice of appeal when filed in compliance with federal appellate procedure. |
Civil Procedure |
|
May 15, 2001 | |
|
18937- 6
|
Wolfkill Feed and Fertilizer Corp. v. Martin
When not required by arbitration rules, judge's refusal to recuse himself or impose sanctions is not abuse of discretion. |
Civil Procedure |
|
May 14, 2001 | |
|
19295-4
|
City of Moses Lake v. Grant County Boundary Review Board
Writ of prohibition only appropriate when state acting outside its jurisdiction and injured party does not have access to adequate legal remedy. |
Civil Procedure |
|
May 14, 2001 |