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In re Detention of Davis
State improperly committed defendant as sexually violent predator without evidence of recent overt act. 		Civil Procedure Jan. 10, 2002
In re Jessica G.
Appointment of guardian ad litem for mother who eventually lost parental rights violated due process. 		Civil Procedure Jan. 9, 2002
U.S. v. Wagoner County Real Estate
Federal forfeiture law pre-empts state homestead law, but court must determine whether forfeiture would be excessive fine in violation of Eighth Amendment. 		Civil Procedure Jan. 9, 2002
Duane v. U.S. Department of Defense
Party was on notice of allegation against him and U.S. Department of Defense did not violate its procedural regulations. 		Civil Procedure Jan. 9, 2002
People v. Garner
Court of appeals lacks jurisdiction over ruling of magistrate where ruling was not appealed to district court. 		Civil Procedure Jan. 8, 2002
Ventura Unified School District v. Superior Court (Lopez)
Action against public entity must be tried in county where accident occurred and where public entity is located. 		Civil Procedure Jan. 7, 2002
Price v. Dames & Moore
Court is required to grant plaintiff leave to file amended complaint and proper certificate if there is reasonable possibility of curing defect. 		Civil Procedure Jan. 7, 2002
Baramas v. Superior Court (Galasso)
Trial court has authority to order partial retrial to determine issue of malice and punitive damages. 		Civil Procedure Jan. 7, 2002
Consumer Cause Inc. v. Weider Nutrition Int'l Inc.
Insufficient pleading exists where consumer products inducing testosterone production do not qualify as 'exposure' to cancer causing agents under act. 		Civil Procedure Jan. 7, 2002
Nash v. MacDonald
Manifestation of real property defect qualifies as latent defect if cause could not have been discovered by laypersons. 		Civil Procedure Jan. 7, 2002
Stull v. Sparrow
When party doesn't present evidence on issue at trial, issue hasn't been proven so as to merit order granting costs and fees. 		Civil Procedure Jan. 7, 2002
Debro v. Los Angeles Raiders
Plaintiff missed three-year deadline to sue professional football team for improperly taking public money to relocate. 		Civil Procedure Jan. 7, 2002
Concerning the Application for Water Rights of the Consolidated Mutual Water Co. v. Consolidated Mutual Water Co.
Water Court's consumptive use allocations to company and city are final and nonreviewable. 		Civil Procedure Jan. 7, 2002
Baker v. Hazelwood (Exxon Valdez)
Five billion dollar punitive damage award stemming from Exxon Valdez oil spill is too high. 		Civil Procedure Jan. 7, 2002
Failes v. Lichten
Plaintiffs are entitled to attorney fees based on clause in real estate purchase agreement. 		Civil Procedure Jan. 3, 2002
US v. $100,348.00 U.S. Currency
Civil forfeiture of $100,348 may be proper, but further discovery is required to determine if money is connected to illegal activities. 		Civil Procedure Jan. 2, 2002
Kennedy v. Lubar
Order of remand after determination that district court lacked subject matter jurisdiction precludes appellate review. 		Civil Procedure Dec. 28, 2001
Southwest Soil Remediation Inc. v. City of Tucson
Party that did not appeal refusal to issue building permit did not exhaust administrative remedies with agency of primary jurisdiction. 		Civil Procedure Dec. 28, 2001
Baker v. Suthers
Order 		Civil Procedure Dec. 19, 2001
Ritzenthaler v. Fireside Thrift Co.
Because Section 998 compromise agreement doesn't encompass plaintiffs' claim for attorney fees, court doesn't err in awarding fees to plaintiffs. 		Civil Procedure Dec. 18, 2001
Mizel v. City of Santa Monica
Evidentiary ruling, denying undisclosed expert to testify, and additional instruction to jury after initial inconsistent verdicts do not warrant reversal. 		Civil Procedure Dec. 18, 2001
ComputerXpress Inc. v. Jackson
Some of computer company's claims against potential business partner are barred as strategic lawsuit against public participation. 		Civil Procedure Dec. 18, 2001
Orion Tire Corp. v. Goodyear Tire & Rubber Co.
Claims arising from international agreement were improperly dismissed without further inquiry as to whether RICO has extraterritorial application. 		Civil Procedure Dec. 18, 2001
Jackson v. Homeowners Association Monte Vista Estates-East
Settlement agreement, providing that trial court will determine prevailing party in action and amount of attorney fee award, is valid and enforceable. 		Civil Procedure Dec. 17, 2001
Schritter v. State Farm Mutual Automobile Insurance Co.
When successful plaintiff deposes own expert witness and presents that testimony in lieu of in-court testimony, expert's fees are not recoverable. 		Civil Procedure Dec. 14, 2001
Dominion Video Satellite Inc. v. Echostar Satellite Corp.
Court did not abuse discretion in giving notice of hearing or in granting preliminary injunction. 		Civil Procedure Dec. 13, 2001
Hyler v. Geo-Seis Helicopters Inc.
Summary judgment on wrongful death claim proper when plaintiff fails to show defendants owed duty to deceased. 		Civil Procedure Dec. 13, 2001
Sheldon v. Vermonty
Arbitration panel's dismissal based solely on the pleadings was proper and not excessive use of arbitrator's authority. 		Civil Procedure Dec. 13, 2001
Hamilton v. State Farm Fire & Casualty Co.
Judicial estoppel precludes claimant who knew of insurance claim yet failed to disclose it during bankruptcy proceeding. 		Civil Procedure Dec. 13, 2001
Brundridge v. Fluor Hanford Inc.
Arbitration clause in collective bargaining agreement does not bar suit for wrongful termination in violation of public policy. 		Civil Procedure Dec. 11, 2001
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