| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-16299
|
Barnes v. Logan
Arbitrator's award of punitive damages when personal injury not involved is supported by case law. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
B102884
|
Liebovich v. Shahrokhkhany
Code of Civil Procedure doesn't authorize service of notice to pay rent or quit by mail. |
Civil Procedure |
|
Jun. 20, 1999 | |
|
95-35819
|
Exxon Shipping Co. v. Airport Depot Diner Inc.
Avoiding conflict between federal law and application of local law doesn't warrant preemptive federal declaratory relief. |
Civil Procedure |
|
Jun. 20, 1999 | |
|
96-15663
|
United States v. Real Property
State investigation of gambling on claimant's property doesn't trigger limitations statute for federal forfeiture proceedings. |
Civil Procedure |
|
Jun. 20, 1999 | |
|
96-55362
|
National Distribution Agency v. Nationwide Mutual Insurance Co.
Dismissal isn't appealable if district court reserves option to amend to state more specific grounds. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
B090362
|
Bormann v. Chevron USA Inc.
Juror's reading during deliberation of statement prepared over the weekend is not misconduct. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
96-35043
|
Payne v. Exxon Corp.
No response to one defendant's discovery requests supports dismissing claim with prejudice against non-discovering defendant. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
95-15735
|
Sunkist Growers Inc. v. Fisher
After state court judgment against company, plaintiff can pursue shareholders under federal statutory trust remedy. |
Civil Procedure |
|
Jun. 17, 1999 | |
|
94-55542
|
Texaco Inc. v. Hatch & Parent
Claims priority to res in interpleader action is determined at filing and unaltered after fund's viability. |
Civil Procedure |
|
Jun. 17, 1999 | |
|
97-35275
|
American Games Inc. v. Trade Products Inc.
District court has discretion to vacate judgment on remand where post-judgment merger mooted appeal. |
Civil Procedure |
|
Jun. 17, 1999 | |
|
G022742
|
Harboring Villas Homeowners Association v. Superior Court (CE MAR Las Vegas IX Inc.)
Secured lenders of condominium units aren't indispensable parties in construction defect suit against developer. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
F025972
|
Hill v. City of Clovis
Stipulated 'judgment' that fails to dispose of all issues isn't appealable. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
A074522
|
California Shellfish Inc. v. United Shellfish Co.
Defendant must be served with complaint before deposition subpoena for business records is served on non-party. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
B112690
|
School District of Okaloosa County v. Superior Court (City of Orange)
Late-named defendant can disqualify judge despite fact time for other defendants to challenge expired. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
97-15356
|
Galt G/S v. JSS Scandinavia
Discretionary attorney fees may be included in amount in controversy for diversity jurisdiction purposes. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
C025463
|
Staten v. Heale
Request for statement of decision after court issues tentative decision is properly rejected as untimely. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
95-16047
|
Bevard v. Farmers Insurance Exchange
Plaintiff is liable for costs after not improving position by rejecting defendant's offer and having trial. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
D027302
|
Reveles v. Toyota By The Bay
Court can retain jurisdiction to determine prevailing party even when judgment is entered by agreement. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
B112941
|
Chong v. Superior Court (HBZ Finance Ltd.)
Local proceedings must be stayed absent evidence foreign courts will not provide due process. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
96-55641
|
N/S Corp. v. Liberty Mutual Insurance Co.
Plaintiff's multiple breaches of appellate briefing rules warrants striking brief and dismissing appeal. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
D028092
|
Bodell Construction Co. v. Trustees of the California State University
Prejudgment interest earned after service of Section 998 offer is excluded when comparing offer to judgment. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
B116328
|
Interactive Multimedia Artists Inc. v. Superior Court (Allstate Insurance Co.)
No right to jury trial in action for breach of fiduciary duty. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
A076918
|
Hamilton v. Laine
Trial court cannot enter nunc pro tunc order amending judgment to establish special needs trust. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
C024727
|
Bernasconi Commercial Real Estate v. St. Joseph's Regional Health System
No statutory-mandated relief from dismissal for untimely complaint service based on attorney's fault affidavit. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
97-176
|
In re Sanchez
Deposition subpoena provisions of Federal Contested Elections Act are constitutional. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
A068031
|
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
B109424
|
Great Western Bank v. Converse Consultants Inc.
Cross-defendant is entitled to costs as prevailing party on cross-complaints after settlement with plaintiffs. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
96-35983
|
Sofamor Danek Group Inc. v. Brown
State official is subject to suit in federal court for violating federal trademark law. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
C025573
|
J.A.T. Entertainment Inc. v. Reed
Attorney's uncontroverted sworn statement of fault requires relief from dismissal without prejudice. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
95-15428
|
Rand v. Rowland
Notice to pro se prisoner of summary judgment requirements may come from either court or moving party. |
Civil Procedure |
|
Jun. 12, 1999 |
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