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United States v. $42,500.00
Seized money is properly forfeited where government has probable cause to believe it is drug related.
Civil Procedure Mar. 18, 2002
Colacurcio v. Burger
Civil defendant who engaged in settlement negotiations was entitled to receive notice of default judgment.
Civil Procedure Mar. 14, 2002
Utility Cost Management v. Indian Wells Valley Water District
Claim for refund of excessive fees charged by utility company is not barred by the statute of limitations under Government Code Section 66022.
Civil Procedure Mar. 12, 2002
Huber, Hunt & Nichols, Inc. v. United Assn. of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 38
Dispute between contractor and local union is to be resolved by arbitrator whose power is assigned by project-wide labor agreement.
Civil Procedure Mar. 11, 2002
Dawavendewa v. Salt River Project Agricultural Improvement and Power District
District court correctly dismisses complaint for failure to join Navajo Nation as necessary and indispensable party.
Civil Procedure Mar. 8, 2002
Raygor v. Regents of the University of Minnesota
Federal supplemental jurisdiction statute does not toll limitations period for state law claims asserted against nonconsenting state defendants.
Civil Procedure Mar. 7, 2002
Leiting v. Mutha
Summary of medical records submitted in social security hearing is not admissible.
Civil Procedure Mar. 7, 2002
Thomas v. Gilliland
Plaintiff who voluntarily dismisses medical malpractice complaint 22 months after filing it may not refile it.
Civil Procedure Mar. 7, 2002
In re Woodham
Court properly imposes sanctions against Board of Prison Terms for failing to timely respond to inmate's administrative appeal.
Civil Procedure Mar. 7, 2002
Doi v. Halekulani Corp.
Court properly enforced written settlement agreement following plaintiff's oral agreement in open court.
Civil Procedure Mar. 7, 2002
Gray v. Superior Court (People)
Prison inmate may face civil commitment trial despite difference in expert opinion regarding status as sexually violent predator.
Civil Procedure Mar. 6, 2002
Hart v. Hart
Party may not seek sanctions without serving motion at least 30 days before filing it.
Civil Procedure Mar. 6, 2002
City and County of Denver v. County Court of the City and County of Denver
City attorney may be disqualified from prosecuting case where there is appearance of impropriety.
Civil Procedure Mar. 1, 2002
Great Neck Plaza v. Le Peep Restaurants
Garnishment against alter ego company valid where corporate assets concealed through fraudulent transfers.
Civil Procedure Mar. 1, 2002
Jakubowsky v. MCI Telecommunications Corp.
Court is not authorized to vacate dismissal when party fails to submit proposed opposition.
Civil Procedure Feb. 28, 2002
Gotschall v. Daley
Lawsuit of plaintiff who failed to present expert witness regarding cause of injury was properly dismissed.
Civil Procedure Feb. 27, 2002
In re W.G.
Jury instruction referring to earlier physical harm committed by defendant was improper.
Civil Procedure Feb. 26, 2002
Sovak v. Chugai Pharmaceutical Co.
General choice-of-law clause supplies state substantive, decisional law, but not state law rules for arbitration.
Civil Procedure Feb. 25, 2002
Speiser, Krause & Madole v. Ortiz
Court did not abuse discretion by entering default judgment against attorney who failed to answer complaint.
Civil Procedure Feb. 22, 2002
Nam Tai Electronics Inc. v. Titzer
No personal jurisdiction found for Colorado author who allegedly posted defamatory material onto Internet message board based in California.
Civil Procedure Feb. 21, 2002
Vahle v. Barwick
Whether parties to release agreement intended to release attorney from liabilty for malpractice is a triable issue of fact.
Civil Procedure Feb. 21, 2002
Morris v. Harper
Mandamus may be used to compel treatment centers to obtain licenses because compliance duty is 'ministerial' rather than 'discretionary.'
Civil Procedure Feb. 21, 2002
Brown v. Kennard
Litigation privilege outlined in Civil Code bars plaintiff's abuse of process action.
Civil Procedure Feb. 21, 2002
Deltakeeper v. Oakdale Irrigation District
Named parties have interest in California Environmental Quality Act litigation sufficient to protect interests of parties not joined.
Civil Procedure Feb. 21, 2002
Shelton v. Rancho Mortgage & Investment Corp.
Although postjudgment order denying motion for sanctions is appealable, court didn't err in denying motion.
Civil Procedure Feb. 21, 2002
Maldonado v. Superior Court (ICG Telecom Group Inc.)
Trial court should have granted parties' motion to compel further responses to discovery request when company's previous responses were inadequate.
Civil Procedure Feb. 21, 2002
Kirkland v. Superior Court (Guess? Inc.)
Testimony and documents given as part of investigation before SEC are not confidential, and thus discoverable in civil litigation.
Civil Procedure Feb. 21, 2002
Fireman's Fund Insurance Co.
City ordinance regulating cleanup of hazardous waste is not pre-empted by state or federal law.
Civil Procedure Feb. 21, 2002
Duncan v. National Home Insurance Co.
Trial court may not add prejudgment interest to arbitration award where interest not sought during arbitration.
Civil Procedure Feb. 20, 2002
People v. Madeyski
Defendant is not entitled to court-appointed counsel in Penal Code Section 502.01 forfeiture proceedings that are considered civil in nature.
Civil Procedure Feb. 20, 2002