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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
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
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
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
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
Laurino v. Syringa General Hospital
Excusable neglect is found where party did not succeed in retaining new counsel until after default judgment rendered.
Civil Procedure Apr. 5, 2002
Schmier v. U.S. Court of Appeals for the Ninth Circuit
Attorney lacks standing to allege that Circuit Rules prohibiting citation to unpublished opinions violate his constitutional rights.
Civil Procedure Apr. 5, 2002
Perez-Arellano v. Smith
Denial of plaintiff's petition for attorney fees under the Equal Access to Justice Act is proper because plaintiff is not 'prevailing party.'
Civil Procedure Apr. 5, 2002
Circuit City Stores Inc. v. Adams
Dispute Resolution Agreement required as part of employment application is unconscionable and unenforceable against FEHA claims.
Civil Procedure Apr. 5, 2002
Bernhardt v. County of Los Angeles
Court improperly dismissed plaintiff's 42 U.S.C. Section 1988 action for lack of standing.
Civil Procedure Apr. 5, 2002
Bensara v. Mitchell, Silberberg & Knupp
Claim preclusion does not apply to arbitration panel's denial to disqualify counsel for alleged conflict of interest.
Civil Procedure Apr. 4, 2002
Pedus Building Services Inc. v. Allen
Specific jurisdiction exists because defendant 'purposefully avails' himself of privilege of conducting business in California.
Civil Procedure Apr. 3, 2002
Jazzabi v. Allstate Insurance Co.
Supplemental unanimity instruction given to confused jury resulted in cumulative error.
Civil Procedure Apr. 3, 2002
Assn. of Flight Attendants AFL-CIO v. Horizon Air Industries Inc.
Railway Labor Act claim within scope of collective bargaining agreement is subject to arbitration.
Civil Procedure Apr. 3, 2002
Laraway v. Sutro & Co.
Court did not abuse discretion by dismissing qui tam action under False Claims Act at request of intervenor.
Civil Procedure Apr. 2, 2002
In re Providian Card Cases
Court discretion to unseal records containing proprietary trade secrets was proper.
Civil Procedure Apr. 2, 2002
City of Tucson v. U.S. West Communications Inc.
Because 'Burford' abstention requirements were not met, and declaratory relief was unavailable, district court's order remanding action to state court was improper.
Civil Procedure Apr. 1, 2002
Glencore Grain Rotterdam B.V. v. Shivnath Rai Harnarain Co.
Federal court must have jurisdiction over defendant's person or property to confirm previously issued foreign arbitration award.
Civil Procedure Apr. 1, 2002
Air Communications & Satellite Inc. v. EchoStar Satellite Corp.
Court didn't abuse discretion by ordering mailing of corrective notice regarding defendant's prior communication affecting litigation, but no prior review of future communications.
Civil Procedure Mar. 26, 2002
Torre v. Brickey
Personal injury lawsuit filed in federal court under diversity jurisdiction must comply with state deadline for service of complaint.
Civil Procedure Mar. 26, 2002
Frazee v. Seely
Party opposing motion for summary judgment should have received continuance to conduct discovery.
Civil Procedure Mar. 26, 2002
Jabro v. Superior Court (Hill)
Trial court must weigh evidence from both sides before ordering pretrial discovery of defendants' financial condition.
Civil Procedure Mar. 26, 2002
Rio International Interlink v. Rio International Interlink
Default judgment proper after defendant repeatedly evaded service of process and failed to heed subsequent court warnings to comply with discovery.
Civil Procedure Mar. 25, 2002
Republican Party of Guam v. Gutierrez
Federal district court lacks subject matter jurisdiction where resolution of dispute depends on Guam law, not federal law.
Civil Procedure Mar. 25, 2002
Barrios v. California Interscholastic Federation
Plaintiff in ADA discrimination suit who subsequently settled is considered 'prevailing party' and is entitled to attorney fees.
Civil Procedure Mar. 25, 2002
Difrancesco v. Particle Interconnect Corp.
Trial court erred in entering terms of tentative settlement reached during pretrial deposition as binding order.
Civil Procedure Mar. 21, 2002
Spencer v. Board of County Commissioners
Trial court erred in granting postjudgment motion where basis for county action was not put into the record.
Civil Procedure Mar. 21, 2002
Williamson v. Williamson
General civil district court division had jurisdiction to hear contract dispute involving child support payments.
Civil Procedure Mar. 20, 2002
Hansel-Henderson v. Mullens
Attorney not entitled to recover fees on quantum meruit theory.
Civil Procedure Mar. 20, 2002
D.C. Concrete Management v. Mid-Century Insurance Co.
Trial court should not set aside jury verdict if a reasonable person could reach the same conclusion.
Civil Procedure Mar. 20, 2002