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Opinion of Bill Lockyer
Whether tenant is unlawfully holding office of tenant representative on Housing Board doesn't warrant initiation of an action in quo warranto. 		Civil Procedure Dec. 11, 2001
McClatchy Newspapers Inc. v. U.S. District Court (McClatchy Newspapers)
Letters regarding misconduct of coastal commission officer must be available for public inspection. 		Civil Procedure Dec. 10, 2001
Amazon Inc. v. Dirt Camp Inc.
Courts must consider diversity jurisdiction over state law claims dismissed without prejudice. 		Civil Procedure Dec. 10, 2001
Ard v. County of Contra Costa
In action against county, plaintiff is permitted to plead estoppel by amending complaint formerly granted demurrer. 		Civil Procedure Dec. 10, 2001
Oakland Raiders v. National Football League
Court may sever judgment in defendants' favor, properly abstained from intra-associational dispute, and proof of demand futility was required in derivative action. 		Civil Procedure Dec. 10, 2001
Anchor Marine Repair Co. v. Magnan
Without basis for transfer or extraordinary writ, Court of Appeal lacked jurisdiction to review decision of superior court's appellate division. 		Civil Procedure Dec. 10, 2001
Unnamed Physician v. Board of Trustees of St. Agnes Medical Center
Physician's appeal, following limitation of privileges, is denied because medical peer review procedures were adequately amended. 		Civil Procedure Dec. 10, 2001
Blake v. Ecker
Among other things, trial court, granting defendant's motion to compel arbitration has no jurisdiction to hear defendants motion to dismiss. 		Civil Procedure Dec. 10, 2001
Columbia Basin Apartment Assn. v. City of Pasco
District court should have abstained from case while state proceedings were pending and case involved unique issues of state constitutional law. 		Civil Procedure Dec. 6, 2001
People of the State of California v. Randtron
District court properly grants motion for declaratory judgment and injunction prohibiting defendant from asserting res judicata defense in state court. 		Civil Procedure Dec. 6, 2001
United States v. Morros
District court improperly abstains from deciding whether Nevada State Engineer's denial of U.S. water permit applications is pre-empted by federal law. 		Civil Procedure Dec. 6, 2001
Mares v. Baughman
Hospital is not entitled to assert lien on settlement proceeds arising from wrongful death lawsuit. 		Civil Procedure Dec. 5, 2001
Hilao v. Estate of Ferdinand E. Marcos
Federal rules don't pre-empt California execution law for service requirements for notice of levying deposit accounts. 		Civil Procedure Dec. 5, 2001
Stuart vs. Colorado Interstate Gas Co.
Wyoming resident performing work in Colorado is limited to workers' compensation remedy despite issuance of paychecks from Wyoming office. 		Civil Procedure Dec. 4, 2001
Montclair Parkowners Assn. v. City of Montclair
Pendency of parallel state proceeding challenging city's rent control ordinance is insufficient basis for dismissal of federal action under 'Younger' abstention doctrine. 		Civil Procedure Nov. 29, 2001
Metabolife International Inc. v. Wornick
Among other things, district court erred in rejecting animal studies proffered by Metabolife merely because of species gap. 		Civil Procedure Nov. 29, 2001
Paykar Construction Inc. v. Spilat Construction Corp.
Collateral estoppel nor res judicata will preclude suit against general contractor who failed to show he was party to novation previously litigated. 		Civil Procedure Nov. 29, 2001
Lund v. Benham
Publication of lawsuit summons in newspaper eight days after service deadline was untimely. 		Civil Procedure Nov. 28, 2001
Mehrtash v. Mehrtash
Ex-spouse who is entitled to support may not halt conveyance of house whose value exceeded mortgages, liens. 		Civil Procedure Nov. 28, 2001
Alcott Rehabilitation Hospital v. Superior Court (Smith)
Patient is entitled to extension of one-year deadline to sue nursing home for medical malpractice because she is insane. 		Civil Procedure Nov. 28, 2001
McFadden v. Villa
Plaintiff who wins state claim but loses federal claim cannot recover attorney fees under 42 U.S.C. Section 1988. 		Civil Procedure Nov. 28, 2001
Smith v. Pacificare Behavioral Health of California Inc.
Insurer's arbitration clause is unenforceable for failing to comply with disclosure requirements. 		Civil Procedure Nov. 28, 2001
Edwards v. Superior Court (Kirianoff)
Ninety-day deadline to file medical malpractice suit does not require plaintiff to allege specific factual basis of claim. 		Civil Procedure Nov. 28, 2001
Mid-Century Insurance Exchange v. Daimler-Chrysler Corp.
Good faith settlement between injured and joint tortfeasor bars equitable indemnity claim of insurer previously relieved of suit. 		Civil Procedure Nov. 28, 2001
Hernandez v. State of Arizona
Notice of claim against government entity is admissible evidence for impeachment purposes. 		Civil Procedure Nov. 27, 2001
Magnussen v. Tawney
Plaintiff who received jury damages that were slightly lower than settlement offer is still entitled to attorney fees. 		Civil Procedure Nov. 26, 2001
Marina Cove Condominium Owners v. Isabella Estates
Right to judicial hearing under Washington Condominium Act cannot be waived. 		Civil Procedure Nov. 21, 2001
McEvoy v. Aerotek Inc.
Plaintiff who received jury award for less than prior settlement amount is still entitled to costs. 		Civil Procedure Nov. 21, 2001
Singh v. Mortensun
Entry of default set aside where defendant had meritorious defense and motion to set aside was timely filed. 		Civil Procedure Nov. 20, 2001
Sanders v. AT&T Wireless Services
Plaintiff who opted out of class action has no right to intervene or appeal settlement. 		Civil Procedure Nov. 19, 2001
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