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Hughes v. City of Pomona
Notice of appeal regarding submitted matter must be filed within 60 days after clerk mails judgment.
Civil Procedure May 10, 1999
Jones v. Dumrichob
Discretionary award of expert witness fees under Code of Civil Procedure Section 998 is justified.
Civil Procedure May 10, 1999
Flanagan v. Arnaiz
Federal court that retains jurisdiction of disputes involving settlement agreement may enjoin related state proceedings.
Civil Procedure May 10, 1999
U.S. v. Shoop
Opinion
Civil Procedure May 10, 1999
Garcia v. General Motors Corp.
Choice-of-law principles require that Arizona law applies when only connection to Idaho is that single car accident occurred there.
Civil Procedure May 9, 1999
Gonzalez v. Hughes Aircraft Employees Federal Credit Union
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress.
Civil Procedure May 6, 1999
Guzman v. Visalia Community Bank
Criticism of an offer is part of the negotiating process under Code of Civil Procedure Section 998, and therefore doesn't constitute a rejection of that offer.
Civil Procedure May 6, 1999
TMS Inc. v. Aihara
Appeal from judgment may be dismissed when judgment debtor willfully fails to comply with court order.
Civil Procedure May 6, 1999
Williams v. San Francisco Board of Permit Appeals
Attorney fees for private enforcement of public rights allowed when there's significant benefit to community at large.
Civil Procedure May 6, 1999
Gwartz v. Superior Court (Richman)
Trial courts are required to hold oral argument before deciding summary judgment motion.
Civil Procedure May 6, 1999
Skaar v. Albuquerque Public Schools
Order
Civil Procedure May 6, 1999
Jones v. Trawick
Order
Civil Procedure May 5, 1999
LaFont v. Decker-Angel
Order
Civil Procedure May 2, 1999
Singer v. Superior Court (Wilson)
Superior court can't transfer civil action to municipal court unless it determines award will 'necessary' be less than its jurisdictional requirement.
Civil Procedure Apr. 29, 1999
WRS Motion Picture v. Post Modern Edit Inc.
Removal to federal court on diversity grounds requires remand under 'no-local-defendant' rule unless case has already proceeded to judgment on merits.
Civil Procedure Apr. 29, 1999
Elsaas v. County of Placer
District court doesn't have jurisdiction over wrongful termination case brought by county employees where there is no diversity or pendent party jurisdiction.
Civil Procedure Apr. 29, 1999
Sy First Family Limited Partnership v. Cheung
Although stipulation uses the term 'reference' in its title, parties' conduct supports finding for arbitration.
Civil Procedure Apr. 28, 1999
U.S. v. Real Property Known as 22249 Dolorosa Street, Woodland Hills, CA
Civil forfeiture claimant, who withdraws claim after adverse probable cause hearing, retains standing on appeal.
Civil Procedure Apr. 26, 1999
Bear Lodge Multiple Use Association v. Babbitt
Rock climbers lack standing to challenge federal management plan for climbing area.
Civil Procedure Apr. 26, 1999
Gordon v. Law Offices of Aguirre & Meyer
Equitable tolling doesn't apply to limitations period for legal malpractice action.
Civil Procedure Apr. 21, 1999
Washington Mutual Bank v. The Superior Court of Orange County (Briseno)
Certification of nationwide class proper despite choice of law clause in each class member's security instrument.
Civil Procedure Apr. 21, 1999
Jahr v. Casebeer
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress.
Civil Procedure Apr. 21, 1999
Hu v. Silgan Containers Corp.
Dismissal for failure to pay filing fee is proper where elements for equitable tolling cannot be alleged.
Civil Procedure Apr. 21, 1999
Bonds v. Roy
Expert testimony may be excluded at trial where expert witness declaration doesn't provide for notice of subject matter.
Civil Procedure Apr. 21, 1999
Whoop Inc. v. Dyno Productions Inc.
Referee proceeding is properly treated as arbitration and award is confirmed under arbitration statutes.
Civil Procedure Apr. 19, 1999
DeCuir v. County of Los Angeles
Mandamus is sole remedy for applicant aggrieved by civil service examination process.
Civil Procedure Apr. 19, 1999
Bell v. State of California
Juror's physical experiment intended to recreate arrest of plaintiff is prejudicial misconduct requiring new trial.
Civil Procedure Apr. 14, 1999
Kim v. Superior Court (Palmco Corp.)
Original stipulation for temporary judge doesn't authorize court to appoint different judge without both parties' consent.
Civil Procedure Apr. 14, 1999
Bell v. State of California
Juror's physical experiment intended to recreate arrest of plaintiff is prejudicial misconduct requiring new trial.
Civil Procedure Apr. 14, 1999
Davidson v. Superior Court (City of Mendota)
Contempt order can't be issued against a petitioner where order is based on a settlement agreement petitioner never personally signed.
Civil Procedure Apr. 14, 1999