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Wilson v. Science Applications International Corp.
Public members, not parties to proceedings, can challenge continued need for order sealing record.
Civil Procedure Jul. 19, 1999
McMillan v. Superior Court (Nelson)
Plaintiff's lawyer cannot be ordered to pay client's portion of court-ordered discovery referee fee.
Civil Procedure Jul. 19, 1999
Acri v. Varian Associates Inc.
District court can exercise supplemental jurisdiction over state claims without determining whether it should be declined.
Civil Procedure Jul. 18, 1999
Olson v. Morris
Legal and factual issues that are or can be litigated before state licensing board can't be relitigated in federal court due to res judicata.
Civil Procedure Jul. 15, 1999
Don Jose's Restaurant Inc. v. Truck Insurance Exchange
One final judgment rule precludes appeal of some claims with remaining claims left for trial.
Civil Procedure Jul. 15, 1999
Calcor Space Facility Inc. v. Superior Court (Thiem Industries Inc.)
Subpoena only describing broad categories of documents is unduly burdensome and abuses discovery system.
Civil Procedure Jul. 15, 1999
Ryder v. Peterson
No recovery of attorney fees after voluntary pretrial dismissal despite contractual agreement to the contrary.
Civil Procedure Jul. 15, 1999
Wolfgram v. Wells Fargo Bank
Vexatious litigant statute, directed at individuals with history of unsuccessful propria persona cases, isn't unconstitutional.
Civil Procedure Jul. 13, 1999
Edwards v. Centex Real Estate Corp.
Party seeking to use litigation privilege to exclude prelitigation communications must show litigation was proposed.
Civil Procedure Jul. 13, 1999
Windsor Square Homeowners Association v. Citation Homes
Builder's affirmative defense of res judicata is naturally tried to the court, not jury.
Civil Procedure Jul. 12, 1999
County of Riverside v. Superior Court (Hill)
County is served improperly by parties seeking to invalidate official actions involving redevelopment project.
Civil Procedure Jul. 12, 1999
La Galleria Condominium Owners' Association v. Wells Fargo Bank
Award of attorney fees to defendant as prevailing party after plaintiff's voluntary dismissal is error.
Civil Procedure Jul. 12, 1999
Torres, Sr. v. Automobile Club of Southern California
Defendant isn't entitled to new trial on liability and compensatory damages following reversal of punitive award.
Civil Procedure Jul. 12, 1999
Wilson v. City of San Jose
Dismissal intent letter to defendant supports voluntary dismissal after clerk improperly refuses to file dismissal notice.
Civil Procedure Jul. 11, 1999
Polido v. State Farm Mutual Automobile Insurance Co.
Court needn't exercise jurisdiction over removed state declaratory claim on dismissal of obligatory monetary claims.
Civil Procedure Jul. 9, 1999
Jackson v. Wells Fargo Bank
Stipulation to 'artificially' dismiss claim to allow appeal of summarily adjudicated issues is not permitted.
Civil Procedure Jul. 9, 1999
Hosking v. Carrier Corporation et al.
Despite voluntary dismissal of action,defendant is entitled to attorney feesunder terms of contract.
Civil Procedure Jul. 8, 1999
Pham v. Nguyen
Continuance requests stipulated to by both parties are encouraged to be granted despite not warranted here.
Civil Procedure Jul. 8, 1999
TwoRivers v. Lewis
State law regarding retroactive application of amended statute doesn't apply even if state limitation period is adopted in federal civil rights claim.
Civil Procedure Jul. 7, 1999
Jauregi v. Superior Court (People)
Hearsay isn't admissible to prove standing in drug trafficking related forfeiture proceeding.
Civil Procedure Jul. 7, 1999
South Bay Building Enterprises Inc. v. Riviera Lend-Lease Inc.
Complaint can be amended at trial when operative facts are included in complaint and evidence supporting liability is adduced from defense witnesses.
Civil Procedure Jul. 7, 1999
Mayhew v. Benninghoff
Attorney's failure to dispel presumption he took undue advantage of client requires denial of arbitration request.
Civil Procedure Jul. 7, 1999
Cox v. California Highway Patrol
Forfeiture statute's requirement for hearing within 90 days of seizure is directory.
Civil Procedure Jul. 7, 1999
Estate of William A. McCall v. Four Star Music Co.
Tennessee settlement as to one tortfeasor, including California satisfaction of judgment, doesn't release nonsettling party.
Civil Procedure Jul. 6, 1999
United States ex rel. Gibeault v. Texas Instruments Corp.
District court can restructure settlement in False Claims Act case to secure government's share of proceeds.
Civil Procedure Jul. 6, 1999
Budget Rent-A-Car Inc. v. Higashiguchi
Declaratory action plaintiff meets jurisdictional amount in controversy by aggregating multiple claims against single insured.
Civil Procedure Jul. 6, 1999
Tylo v. Superior Court (Spelling Entertainment Group Inc.)
Deposition questions relating to actress' emotional distress from her marriage constitute impermissible 'fishing expedition.'
Civil Procedure Jul. 6, 1999
Korea Data Systems Co. Ltd. v. Superior Court (Aamazing Technologies Corp.)
Waiver of attorney-client privilege is not authorized sanction for failure to file timely privilege log.
Civil Procedure Jul. 6, 1999
Pate v. Channel Lumber Co.
Evidence preclusion sanction against defendant for 'playing fast' with discovery rules is justified.
Civil Procedure Jul. 6, 1999
Kingston Constructors Inc. v. Washington Metropolitan Area Transit Authority
California courts lack jurisdiction over actions brought by or against Washington D.C. transit authority.
Civil Procedure Jul. 6, 1999