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Name Category Published
Kumho Tire Co. v. Carmichael
'Gatekeeping' obligation of evidentiary rule applies not just to 'scientific' testimony, but to all expert testimony. 		Civil Procedure Apr. 13, 1999
Norco Delivery Service Inc. v. Owens-Corning Fiberglas Inc.
Court approving good faith settlement may dismiss 'direct' claims that are artfully pleaded claims for indemnity or contribution. 		Civil Procedure Apr. 13, 1999
Rivers v. The Walt Disney Company
Staying proceedings in class action pending outcome of motion to consolidate serves judicial economy interests. 		Civil Procedure Apr. 13, 1999
Glasser v. Glasser
Appeal is dismissed as untimely based on trial court's finding regarding date of service of judgment. 		Civil Procedure Apr. 13, 1999
Barber v. Miller
Rule 11 sanctions can't be imposed where action was dismissed before sanctions were sought. 		Civil Procedure Apr. 13, 1999
Kennedy v. Superior Court (Lucky Stores Inc.)
Party submitting to medical examination is entitled to report of examination and may depose examining physician. 		Civil Procedure Apr. 13, 1999
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made prior to judgment and filed within time to file for new trial. 		Civil Procedure Apr. 13, 1999
Gatton v. A.P Green Services Inc.
Deposition testimony that is inadmissible hearsay doesn't create triable issue of fact defeating summary judgment. 		Civil Procedure Apr. 13, 1999
Hanlon v. Chrysler Corp.
Class representative in state class action can't opt whole state out of federal class action without individuals' consent. 		Civil Procedure Apr. 13, 1999
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made prior to judgment and filed within time to file for new trial. 		Civil Procedure Apr. 12, 1999
Molen v. Friedman
Well pleaded complaint doctrine doesn't apply to collateral attack upon complaint. 		Civil Procedure Apr. 12, 1999
Lazarus v. Titmus
Motion to compel arbitration is properly denied where no evidence of party's consent to arbitration exists. 		Civil Procedure Apr. 12, 1999
Sierra Craft Inc. v. Magnum Enterprises Inc.
Local rule purporting to allow summary judgment in favor of non-moving party is void. 		Civil Procedure Apr. 12, 1999
Atchison, Topeka and Santa Fe Railway Co. v. Hercules Inc.
Scheduling order barring late-filed third party claims doesn't bar assertion of permissive claims in separate actions. 		Civil Procedure Apr. 12, 1999
Slaven v. American Trading Transportation Co.
Party that unconditionally stipulates to settlement and entry of judgment may not appeal. 		Civil Procedure Apr. 12, 1999
Surgin Surgical Instrumentation Inc. v. Truck Insurance Exchange
Large punitive damage default judgment cannot stand where defendant wasn't given notice of amount sought. 		Civil Procedure Apr. 12, 1999
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made by motion prior to judgment or in form of motion for new trial. 		Civil Procedure Apr. 12, 1999
Slaven v. American Trading Transportation Co. Inc.
Party that unconditionally stipulates to settlement and entry of judgment may not appeal. 		Civil Procedure Apr. 12, 1999
Bunnell v. Dept. of Corrections
State tolling statute doesn't extend time for claiming violation of federal wiretapping law. 		Civil Procedure Apr. 11, 1999
Universal City Nissan Inc. v. Superior Court (Magdamo)
Superior court considering small claims appeal may grant affirmative relief to counterclaimant-appellant. 		Civil Procedure Apr. 11, 1999
Murphy Brothers Inc. v. Michetti Pipe Stringing Inc.
Mere receipt of complaint, without formal service, doesn't trigger named defendant's time to remove. 		Civil Procedure Apr. 8, 1999
Southern California Edison Company v. Peabody Western Coal Company
Order compelling arbitration isn't a final judgment and therefore not appealable, but party has several potential remedies. 		Civil Procedure Apr. 7, 1999
Snodgrass v. Provident Life and Accident Insurance Co.
Court shouldn't remand or decline to consider declaratory relief claim if it has jurisdiction over other claims. 		Civil Procedure Apr. 5, 1999
Townzen v. County of El Dorado
Civil defendants filing first responsive paper jointly must each pay $182 filing fee. 		Civil Procedure Apr. 5, 1999
Lokeijak v. City of Irvine
Local court 'policy' discouraging motions for summary judgment and summary adjudication of issues is invalid. 		Civil Procedure Apr. 5, 1999
Student Loan Marketing Association v. Hanes
Res judicata bars claim on cross-complaint where summary judgment has already been granted. 		Civil Procedure Apr. 2, 1999
The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc.
A federal district court has limited discretion when reviewing a foreign arbitration award and typically, must confirm. 		Civil Procedure Apr. 2, 1999
Lechler v. City and County of San Francisco
Discrepancy between deposition testimony and declaration in opposition to summary judgment is credibility issue for jury. 		Civil Procedure Apr. 2, 1999
Block v. Major League Baseball
Common questions don't predominate in purported class action by pre-1947 major league baseball players. 		Civil Procedure Apr. 2, 1999
Gemini Capital Group Inc. v. Yap Fishing Corp.
Court may dismiss in favor of foreign forum notwithstanding parties' agreement to arbitrate in Hawaii. 		Civil Procedure Apr. 2, 1999
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