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Coldwell Banker Residential Brokerage Co. v. Roitz
Arbitrator does not demonstrate bias by reasonably refusing to continue arbitration hearing or waive fees.
Civil Procedure May 26, 1999
United National Insurance Co. v. R & D Latex Corp.
District court must articulate reasons for exercising discretionary jurisdiction in declaratory judgment action.
Civil Procedure May 26, 1999
Western Digital Corporation v. Superior Court (Amstrad)
Disqualification of expert witness interviewed but not retained by opposing party is abuse of discretion.
Civil Procedure May 26, 1999
Fukuda v. City of Angels Camp
City must prove in administrative mandamus proceedings that weight of evidence supports officer's termination.
Civil Procedure May 25, 1999
McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal.
Civil Procedure May 25, 1999
Kasper v. Cedars-Sinai Medical Center
Appeal of summary judgment filed over 60 days after entry of judgment is dismissed as untimely.
Civil Procedure May 25, 1999
International Insurance Co. v. Superior Court (Rhone-Poulenc Basic Chemicals Co.)
Extraordinary writ isn't appropriate to review trial court order granting reconsideration of summary adjudication motion.
Civil Procedure May 25, 1999
Barton v. Elexsys International Inc.
Summary judgment proper where no evidence supports right to exercise stock options 12 months after termination.
Civil Procedure May 25, 1999
McColm v. Westwood Park Association
Vexatious litigant subject to pre-filing order can't appeal without permission of administrative presiding justice.
Civil Procedure May 25, 1999
Ritchey v. Upjohn Drug Co.
Joinder of non-diverse defendants does not defeat removal where complaint states no claim against them.
Civil Procedure May 25, 1999
Delta Dental Plan of California Inc. v. Mendoza
Federal courts must abstain in action affecting state administrative proceedings and involving important state interests.
Civil Procedure May 25, 1999
Link v. Cater
Dismissal of plaintiff's case for failure to appear is error where plaintiff was receiving medical treatment.
Civil Procedure May 24, 1999
U.S. v. Cordoba
Unstipulated polygraph evidence does not meet Daubert test for admission in evidence.
Civil Procedure May 24, 1999
Berg v. MTC Electronic Technologies
Stay of Los Angeles shareholder suit is proper based on pending litigation in New York.
Civil Procedure May 21, 1999
State of California v. Superior Court (Woosley)
Class in class action suit against DMV is limited to persons who file timely claims.
Civil Procedure May 21, 1999
United States v. Real Property
In civil forfeiture action against property, due process doesn't require owner actually receive notice of proceeding.
Civil Procedure May 21, 1999
Goehring v. Superior Court (Bernier)
Personal jurisdiction over general partners depends upon each partner's individual conduct.
Civil Procedure May 21, 1999
Corrigan v. Bargala
Failure of clerk to enter separate judgment keeps notice of appeal time from running.
Civil Procedure May 21, 1999
Rivet v. Regions Bank of Louisiana
Claim preclusion by reason of a prior federal judgment doesn't provide basis for removal.
Civil Procedure May 20, 1999
Law Offices of Herzog v. Law Offices of Fredrics
Court can grant petition to compel arbitration based on oral stipulation between attorneys.
Civil Procedure May 20, 1999
Contra Costa Newspapers Inc. v. Superior Court (Bishop)
Court order restricting press contact with former jurors is without jurisdiction and is impermissibly overbroad.
Civil Procedure May 20, 1999
Hollister v. Benzl
A patient is bound by an arbitration agreement with a physician if she voluntarily signed it prior to receiving medical treatment.
Civil Procedure May 20, 1999
Thompson v. Friendly Hills Regional Medical Center
Motion for new trial isn't supported by allegation of jury misconduct in adding attorney fees to an award for damages.
Civil Procedure May 20, 1999
Haley v. Dow Lewis Motors
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff.
Civil Procedure May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
Wooster v. Mercury Ins. Group
Uninsured motorist and personal injury suits can be consolidated for arbitration but not trial de novo.
Civil Procedure May 13, 1999
Washington Mutual Bank v. Superior Court (Briseno)
Certification of nationwide class proper despite choice of law clause in each class member's security instrument.
Civil Procedure May 13, 1999
Elbert v. Howmedica Inc.
On motion for judgment following appellate decision excluding evidence, court must consider excluded evidence.
Civil Procedure May 11, 1999
United National Insurance Co. v. R & D Latex Corp.
District court must articulate reasons for exercising discretionary jurisdiction in declaratory judgment action.
Civil Procedure May 11, 1999