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Adarand Constructors, Inc. v. Romer
Order
Civil Procedure Nov. 4, 1999
Highline Village Associates v. Hersh Companies, Inc.
Contractors' statute of limitations tolled during efforts to remedy defect.
Civil Procedure Nov. 4, 1999
Springer v. Hustler Magazine
Order
Civil Procedure Nov. 4, 1999
Federal Deposit Insurance v. Currier
Order
Civil Procedure Nov. 4, 1999
Sacramento County Fire Protection District v. Sacramento County Assessment Appeals Board II (Aerojet General Corp.)
Fire district, as recipient of property taxes, lacks standing to contest assessor's property valuation.
Civil Procedure Nov. 4, 1999
R.S. Creative Inc. v. Creative Cotton Ltd.
Trial court properly imposes terminating sanctions where plaintiff repeatedly attempts to thwart the discovery process.
Civil Procedure Nov. 4, 1999
Ziello v. Superior Court (First Federal Bank of California)
Where appeal is only from trial court's order awarding attorney fees and costs, judgment debtor isn't required to file an appeal bond.
Civil Procedure Nov. 4, 1999
Levy v. Swift Transportation Co. Inc.
Order
Civil Procedure Nov. 3, 1999
Resolution Trust Corp. v. Keating
Collateral estoppel not applicable when conduct admitted in criminal plea agreement isn't related to civil action.
Civil Procedure Oct. 29, 1999
American Soccer Co. Inc. v. Score First Enterprises
Federal plaintiff has absolute right to voluntarily dismiss complaint without prejudice before defendant serves answer or motion for summary judgment.
Civil Procedure Oct. 29, 1999
Blue Cross of California v. Anesthesia Care Associates
Medical providers' claims that cannot be asserted by providers' patients are not pre-empted by ERISA.
Civil Procedure Oct. 29, 1999
Wardrip v. Hart
Order
Civil Procedure Oct. 28, 1999
Davis v. United States
It is error to dismiss case, for failure to join indispensable party, simply because tribe's sovereign immunity prevents it from being joined.
Civil Procedure Oct. 28, 1999
Nevins v. McKinley Capital Management, Inc.
Order
Civil Procedure Oct. 28, 1999
In re Transamerica Assurance Co.
Order
Civil Procedure Oct. 27, 1999
Fox v. Noram Energy Corp.
Order
Civil Procedure Oct. 27, 1999
Chesapeake Operating Inc. v. Valence Operating Co.
Recovery of prejudgment interest permitted if damage award is certain or capable of ascertainment by calculation.
Civil Procedure Oct. 27, 1999
Huffman v. Saul Holdings Ltd. Partnership
Improper grant of summary judgment on merits of case entitles moving party to have case remanded from federal to state court.
Civil Procedure Oct. 27, 1999
Certain Underwriters at Lloyds v. Western Pacific Roofing Corp.
Underwriter that is not a party to the litigation cannot be summarily added by the court as a judgment debtor.
Civil Procedure Oct. 22, 1999
Woo v. Superior Court (Zarabi)
Relation back does not save time barred claim where new information in amended complaint was readily available when original complaint was filed.
Civil Procedure Oct. 22, 1999
St. Joe Minerals Corp. v. Zurich Insurance Co.
Minute order granting the insured's motion for summary adjudication on the duty to defense issue is not appealable.
Civil Procedure Oct. 22, 1999
Williams v. Board of Permit Appeals
Trial court properly denies attorney fees where appellant had a significant individual stake in the outcome of the litigation.
Civil Procedure Oct. 21, 1999
Bolkiah v. Superior Court (Bijan Fragrances Inc.)
Failure to hold an official position in foreign government precludes defendants from asserting Foreign Sovereign Immunities Act for service of process purposes.
Civil Procedure Oct. 21, 1999
Rand v. Rowland
District court itself must give pro se prisoner litigant notice and explanation of summary judgment motion.
Civil Procedure Oct. 19, 1999
Marriage of Davis
Attorney misconduct, resulting in trial judge's recusal, is a proper basis for conducting a new trial.
Civil Procedure Oct. 13, 1999
Domingo v. Los Angeles County Metropolitan Transportation Authority
Thirty-day period to file for trial de novo from arbitrator's award does not begin to toll until proper service by arbitrator.
Civil Procedure Sep. 30, 1999
Durgom v. Janowiak
If well-pleaded complaint alleges only nonpayment of royalties, raising federal-question defense doesn't divest state court of jurisdiction.
Civil Procedure Sep. 23, 1999
Berclain America Latina S.A. de C.V. v. Baan Co. N.V.
Nonparty lacks standing to enforce contractual forum selection clause.
Civil Procedure Sep. 23, 1999
Datig v. Dove Books, Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice.
Civil Procedure Sep. 22, 1999
Vandenberg v. Superior Court (Centennial Insurance Co.)
Collateral estoppel doesn't prevent party to nonjudicial arbitration from relitigating issue against nonparty, unless there was agreement to that effect.
Civil Procedure Sep. 22, 1999