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Name Category Published
Moshonov v. Walsh
Arbitrator does not exceed powers by denying fees to prevailing party based on her interpretation of arbitration provision in parties' contract. 		Civil Procedure Jun. 1, 2000
Twentieth Century Insurance Co. v. Choong
Court may impose second monetary sanction for attorney's failure to pay first monetary sanction. 		Civil Procedure Jun. 1, 2000
Pacific Custom Pools Inc. v. Turner Construction Co. (Universal City Studios Inc.)
When contract provides for attorney fees, prevailing party is entitled to fees regardless of who initiates action. 		Civil Procedure Jun. 1, 2000
Thatcher v. Lucky Stores Inc.
Because local rule authorizes court to grant summary judgment based solely on absence of opposition, it is invalid. 		Civil Procedure Jun. 1, 2000
Earley v. Superior Court (Washington Mutual Bank)
Notice to proposed class, that absent class members may be held liable for attorney fees of successful defendant, is improper. 		Civil Procedure Jun. 1, 2000
Bugna v. Fike
Contract's forum selection clause applies to nonsignatories who are closely related to contract. 		Civil Procedure Jun. 1, 2000
Roskind v. Morgan Stanley Dean Witter & Co.
Federal law does not preempt claims brought under California's Unfair Competition Law. 		Civil Procedure Jun. 1, 2000
Davis v. Marin
Statute of limitations on medical malpractice claim is extended where notice is served within 90 days of expiration of limitations period. 		Civil Procedure Jun. 1, 2000
Earley v. Superior Court (Washington Mutual Bank)
Notice to proposed class, that absent class members may be held liable for attorney fees of successful defendant, is improper. 		Civil Procedure Jun. 1, 2000
Jones v. Moore
Expert's testimony is properly excluded when it goes beyond opinions expressed during his deposition. 		Civil Procedure Jun. 1, 2000
Panzino v. City of Phoenix
Rule 60(c)(6) is not available for relief from a judgment when attorney is guilty of inexcusable neglect. 		Civil Procedure May 24, 2000
Hardage v. James
Order 		Civil Procedure May 17, 2000
Greene v. Safeway Stores, Inc.
Order 		Civil Procedure May 9, 2000
Bell v. U.S. Postal Service
Order 		Civil Procedure May 9, 2000
Monarch HealthCare v. Superior Court (Cassidenti)
Nonparty deponents need not file motion to quash to challenge 'records only' discovery requests that seek privileged information. 		Civil Procedure May 5, 2000
Campbell v. Scripps Bank
Party cannot assert collateral estoppel if that party's negligence led to adjudication it seeks to use defensively. 		Civil Procedure May 5, 2000
Twentieth Century Fox Film Corp. v. Superior Court (Lottermoser)
Trial court must stay action while application to arbitrate matter is pending before another court. 		Civil Procedure May 5, 2000
First State Insurance Co. v. Superior Court (Jalisco Corporation Inc.)
Court may not issue an order precluding any party from filing a summary judgment motion. 		Civil Procedure May 5, 2000
Valley Presbyterian Hospital v. Superior Court (Homel)
In wrongful death action, court may not order hospital to produce employees to be interviewed by plaintiff's counsel. 		Civil Procedure May 5, 2000
Guess? Inc. v. Superior Court (Kirkland)
Right to arbitrate is waived where defendant fails to assert arbitration as affirmative defense and participates in discovery before asserting its right. 		Civil Procedure May 5, 2000
Families Unafraid to Uphold Rural El Dorado County v. El Dorado County Board of Supervisors (Cook Ranch Partners)
Plaintiffs' nonfinancial interest is relevant factor to consider whether to award attorney fees under Code of Civil Procedure Section 1021.5. 		Civil Procedure May 5, 2000
Small v. Hall's Furniture Defined Benefit Pension Plan
When defendants dismiss their appeal because counsel determined that appeal would serve no purpose, parties should bear own appeal costs. 		Civil Procedure May 5, 2000
Nelson v. Adams USA Inc.
Due process requires amended party be given opportunity to respond and contest personal liability before judgment is entered against him. 		Civil Procedure May 2, 2000
Burkholz v. Joyce
Order 		Civil Procedure May 2, 2000
Ameriks v. Zions First National Bank
Order 		Civil Procedure May 2, 2000
Steffens v. Steffens
Order 		Civil Procedure May 2, 2000
Anderson v. Adam's Mark Hotels and Resorts
Order 		Civil Procedure May 2, 2000
Paddock v. First Union National Bank of Florida
Order 		Civil Procedure May 2, 2000
Schritter v. State Farm Mutual Automobile Insurance Co.
Plaintiff, who obtains judgment of costs against defendant, is entitled to cost of deposing her expert witnesses. 		Civil Procedure May 1, 2000
State of Arizona v. Brown & Williamson Tobacco Corp.
Counties may not intervene in state action against tobacco industry where motion to intervene is untimely and intervention would prejudice litigating parties. 		Civil Procedure May 1, 2000
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