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America Online Inc. v. Superior Court (Mendoza)
Forum selection clause is unenforceable because it waives rights contrary to public policy and selected state provides fewer remedies than California. 		Civil Procedure Aug. 23, 2001
Prairie Band of Potawatomi Indians
Because court correctly analyzes four factor test in deciding whether to grant preliminary injunciton, granting injunction was not abuse of discretion. 		Civil Procedure Aug. 23, 2001
Payne v. National Collection Systems Inc.
Complaint against airline by job seekers is barred by previous lawsuit but may be amended and resubmitted. 		Civil Procedure Aug. 23, 2001
Lewis C. Nelson & Sons Inc. v. Clovis Unified School District
Civil Code Section 3287, which allows prejudgment interest on unliquidated claims, applies to public entities. 		Civil Procedure Aug. 23, 2001
Fisher v. Gibson
Civil defendant who could suffer criminal prosecution must present evidence justifying summary judgment opposition beyond the mere possibility of self-incrimination. 		Civil Procedure Aug. 23, 2001
Foxgate Homeowners Assoc. Inc. v. Bramalea California Inc.
Mediator and participants may not reveal communications made during mediation and mediator may not report to court about participants' conduct during mediation. 		Civil Procedure Aug. 22, 2001
Styne v. Stevens
Talent Agencies Act's one-year statute of limitations does not bar Act-based defense in breach of contract action. 		Civil Procedure Aug. 22, 2001
Deauville Restaurant Inc. v. Superior Court (Taylor)
Court errs in denying peremptory challenge when second application for writ of attachment isn't motion for reconsideration, but instead is renewed motion. 		Civil Procedure Aug. 22, 2001
Porter v. United Services Automobile Association
Order denying arbitration in California but advising arbitration in other state may be appealed. 		Civil Procedure Aug. 22, 2001
People v. Mitchell
Appellate court has authority to correct clerical error in abstract of judgment. 		Civil Procedure Aug. 22, 2001
State Farm Fire & Casualty Co. v. Pietak
Party is entitled to relief when failure to file compulsory cross-complaint is due to attorney's reasonable mistake. 		Civil Procedure Aug. 21, 2001
Ho v. Ikon Office Solutions Inc.
National corporation seeking federal jurisdiction may use 'nerve center test' where no state contains substantial predominance of corporation's business activities. 		Civil Procedure Aug. 16, 2001
McCall v. PacifiCare of California Inc.
Exhaustion of administrative remedies under Medicare Act isn't required where state law claims against HMO don't seek payment of Medicare claim. 		Civil Procedure Aug. 14, 2001
Hightower v. Superior Court (O'Dowd)
Arbitrator's 'partial final award' is proper when impliedly authorized by parties agreement and consistent with broad authority granted arbitrator by applicable rules. 		Civil Procedure Aug. 14, 2001
Dana Commercial Credit Corp. v. Ferns & Ferns
Court of Appeal has inherent power to impose sanctions for filing frivolous motions on appeal. 		Civil Procedure Aug. 13, 2001
Barnett v. Penske Truck Leasing
Prevailing party on summary judgment is entitled to sanctions if losing party failed to admit truth of matter ultimately proved genuine. 		Civil Procedure Aug. 13, 2001
Grant v. Superior Court (In re Jacobs)
Peremptory challenge of judge may not be filed unless there is pending trial or hearing. 		Civil Procedure Aug. 13, 2001
To-Ro Trade Shows v. Collins
Business failing to present actual immediate dispute in which it has a direct, substantial interest cannot bring action for declaratory relief. 		Civil Procedure Aug. 13, 2001
Foss Maritime Co. v. City of Seattle
Court lacks authority to dismiss case when case is noted for trial before opponent makes motion to dismiss. 		Civil Procedure Aug. 13, 2001
Neal v. Superior Court (Neal)
Family law dispute should not have been filed in civil court. 		Civil Procedure Aug. 10, 2001
Guardians of Elk Creek Old Growth v. California Dept. of Forestry and Fire Protection
Petitioner has 90 days from date of filing to request hearing unless court fails to notify parties of change in venue. 		Civil Procedure Aug. 10, 2001
Merrill v. Navegar Inc.
There are triable issues of fact as to whether a gun manufacturer breached its duty of care to victims of a shooting. 		Civil Procedure Aug. 8, 2001
Fisher v. City of Apache Junction
Filing deadline that occurred on Sunday may be timely filed on following Monday. 		Civil Procedure Aug. 7, 2001
Griswold v. Kilpatrick
Attorney's delay in negotiating medical malpractice settlement is deemed too speculative. 		Civil Procedure Aug. 5, 2001
Hadley v. Maxwell
Conviction for minor traffic infraction cannot be used against defendant in personal injury lawsuit. 		Civil Procedure Aug. 5, 2001
Davidson v. The Committee for Gail Schoettler
Case concerning violation of former Fair Campaign Act is moot because Act is no longer in force. 		Civil Procedure Jul. 30, 2001
Phillips and Associates Family Law Offices, P.C. v. Napolitano
District court lacks jurisidiction to review state court's ruling when appellant's federal constitutional claims are inextricably intertwined with state court decision. 		Civil Procedure Jul. 25, 2001
Bausman v. Interstate Brands Corporations
Terminated employee raises genuine issue concerning pretext in retaliatory discharge claim. 		Civil Procedure Jul. 25, 2001
Kojima v. Grandote International ( In re Grandote Country Club Co.)
Among other things, where only asset at issue is real property within Colorado, state law and not Japanese law is properly applied. 		Civil Procedure Jul. 25, 2001
Doe & Assoc. Law Offices v. Napolitano
Federal district court lacks jurisdiction to review final state court decision where federal constitutional claims are 'inextricably intertwined' with state court's judgment. 		Civil Procedure Jul. 25, 2001
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