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Name Category Published
United States v. Ibrahim
Federal Rules of Civil Procedure apply when party files motion for return of property and no criminal case is pending at filing. 		Civil Procedure Apr. 15, 2008
Salma v. Capon
Court properly dismisses intentional interference claim but must strike conversion claim that SLAPP plaintiff attempts to amend from original cross-complaint. 		Civil Procedure Apr. 11, 2008
Brawley v. J.C. Interiors Inc.
Although both sides breached contract, court is directed to award no damages under Code of Civil Procedure Section 877. 		Civil Procedure Apr. 10, 2008
Capitol Racing v. California Horse Racing Board (Los Alamitos Quarter Horse Racing Association)
Judgment is reversed where petition brought by plaintiff is time-barred under Business and Professions Code Section 19463. 		Civil Procedure Apr. 4, 2008
Garibay v. Hemmat
Motion for summary judgment must rely on admissible facts, otherwise expert witness’ declaration that is unsupported by admissible evidence lacks evidentiary value. 		Civil Procedure Apr. 3, 2008
Metters v. Ralphs Grocery Co.
Arbitration clause is not binding where person who signs form containing clause is unaware it is contract for binding arbitration. 		Civil Procedure Apr. 3, 2008
Mendiondo v. Centinela Hospital
Notice pleading standard in Federal Rule of Civil Procedure 8(a) applies to claims of wrongful termination under Federal and California's False Claims Acts. 		Civil Procedure Apr. 2, 2008
TSMC North America v. Semiconductor Manufacturing International Corp.
Judicial restraint and comity requires California courts to deny antisuit injunction barring corporation's pursuit of Chinese law claims in Beijing. 		Civil Procedure Mar. 31, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm. 		Civil Procedure Mar. 31, 2008
Palm Medical Group Inc. v. State Compensation Insurance Fund
Nonprofit workers' compensation insurer owes occupational clinic duty of fair procedure in acting on its preferred provider network application. 		Civil Procedure Mar. 27, 2008
State Water Resources Control Board Cases
Private party who succeeded alongside public entity cannot be denied fees simply because success might have been achieved by public entity acting alone. 		Civil Procedure Mar. 27, 2008
Adaimy v.Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion. 		Civil Procedure Mar. 26, 2008
Luckett v. Panos
Under Code of Civil Procedure Section 533, vexatious litigant must show change of circumstances to lift order that prevents litigant from filing. 		Civil Procedure Mar. 26, 2008
Yari v. Producers Guild of America Inc.
Where defendants did not 'certify' anyone as producer for purposes of film's nomination, common law right of fair procedure does not apply. 		Civil Procedure Mar. 26, 2008
Brodke v. Alphatec Spine Inc.
Under Code of Civil Procedure Section 1281.2, party petitioning to enforce arbitration clause cannot simultaneously deny existence of contract containing arbitration provision. 		Civil Procedure Mar. 24, 2008
1100 Park Lane Associates v. Feldman
Anti-SLAPP statute and litigation privilege bar evicted tenants' causes of action except for those based on negligent misrepresentation by building's agent. 		Civil Procedure Mar. 24, 2008
Doe v. United Airlines Inc.
New trial is improperly granted where evidence that minor suffered PTSD from alleged sexual assault on airplane was not 'newly discovered.' 		Civil Procedure Mar. 21, 2008
St. Vincent's School for Boys v. City of San Rafael
Due to statutory purpose of cost-containment, prevailing party in CEQA action may recover costs for preparation, even though other party prepared record. 		Civil Procedure Mar. 19, 2008
U.S. v. Lewis
Speedy Trial Act requires review of entire pre-trial delay to find which periods prejudiced defendant in conspiracy to import endangered reptiles. 		Civil Procedure Mar. 14, 2008
United States v. $493,850.00 in U.S. Currency
Grant of summary judgment in favor of government in forfeiture action is proper where additional evidence is admissible under independent source exception. 		Civil Procedure Mar. 14, 2008
Neville v. Chudacoff
Special motion to strike defamation claim is properly granted where employer's lawyer wrote letter accusing former employee of misappropriating trade secrets. 		Civil Procedure Mar. 13, 2008
California Back Specialists Medical Group v. Rand
Defendant’s anti-SLAPP motion was properly denied because underlying activity, which was never before heard in official proceedings, was not ‘protected activity.’ 		Civil Procedure Mar. 10, 2008
Lussier v. Dollar Tree Stores Inc.
Court properly denies plaintiffs attorney fees where defendant's arguments for removal to federal court are reasonable. 		Civil Procedure Mar. 10, 2008
Goodman v. Lozano
Defendants who pay nothing despite adverse judgment are properly named ‘prevailing party’ for purposes of awarding costs and attorney fees. 		Civil Procedure Mar. 10, 2008
Natural Resources Defense Council Inc. v. Winter
Preliminary injunction is appropriate where mitigation measures permit Navy's 'SOCAL exercises' so long as safeguards are implemented to protect environment. 		Civil Procedure Mar. 6, 2008
Advantage Medical Services LLC v. Hoffman
Arbitrator’s interim award in favor of plaintiffs was properly vacated when arbitrator failed to disclose his connection to plaintiffs and plaintiff’s insurer. 		Civil Procedure Mar. 5, 2008
Marine Forests Society v. California Coastal Commission
Attorney fees are not awarded to plaintiff when Legislature, not defendant, changes its behavior as result of lawsuit. 		Civil Procedure Mar. 5, 2008
Heritage Marketing and Insurance Services Inc. v. Chrustawka
Where interstate commerce is affected, Code of Civil Procedure Section 351, which tolls limitations period, cannot apply to defendants who are Texas residents. 		Civil Procedure Mar. 4, 2008
Adaimy v. Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion. 		Civil Procedure Mar. 3, 2008
McCann v. Wheeler
California law applies where state's interest in providing remedy for resident asbestos victim is more significantly impaired by application of Oklahoma statute. 		Civil Procedure Mar. 3, 2008
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