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Rubin v. United States
Equities don't favor stay of order compelling Secret Service agents to testify before grand jury.
Civil Procedure Apr. 2, 1999
Stafford v. Sipper
Party entitled to reasonable attorney fees under contract is limited to amount actually paid to attorney.
Civil Procedure Apr. 2, 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. 2, 1999
CrossTalk Productions Inc. v. Jacobson
Demurrer on grounds of unclean hands depends on issues of fact and must be overruled.
Civil Procedure Apr. 2, 1999
Pacific Trends Lamp & Lighting Products Inc. v. J. White Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial.
Civil Procedure Apr. 1, 1999
Sabek Inc. v. Engelhard Corp.
Direct estoppel bars service of amended complaint on party that already obtained ruling of no personal jurisdiction.
Civil Procedure Apr. 1, 1999
Pacific Trends Lamp and Lighting Products, Inc. v. J. White, Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial.
Civil Procedure Apr. 1, 1999
Rochin v. Johnson
Amended judgment entered on an ex parte basis without notice to plaintiff is void.
Civil Procedure Apr. 1, 1999
McMillin Development Inc. v. Home Buyers Warranty
Concurrent arbitration and appeal doesn't stay appellate proceedings unless issue was raised at trial.
Civil Procedure Apr. 1, 1999
Hodgers-Durgin v. Lopez
Hispanic appearing motorists stopped by Border Patrol without reasonable suspicion, meets class certification requirements.
Civil Procedure Mar. 29, 1999
U.S. v. Vaz Ayres
Contempt fine isn't appropriate when IRS delay frustrates attempt to comply with court order.
Civil Procedure Mar. 29, 1999
State Farm Fire & Casualty Company v. Pietak
Party is entitled to relief when failure to file compulsory cross-complaint is due to attorney's reasonable mistake.
Civil Procedure Mar. 29, 1999
People v. One 1984
Court has discretion to return vehicle impounded for driving without a valid license when statute provides that vehicles are "subject to" forfeiture.
Civil Procedure Mar. 29, 1999
Justin Malovec, a Minor
Trial courts may not, on its own, initiate monetary sanctions against plaintiff for pursuing a claim after summary judgment is awarded to defendant.
Civil Procedure Mar. 29, 1999
Doherty v. Wireless Broadcasting Systems of Sacramento Inc.
Person liable for violating Communications Act may not seek indemnity from third party.
Civil Procedure Mar. 29, 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 Mar. 29, 1999
Minetti v. Port of Seattle
Plaintiff isn't entitled to file written objections to recommendation that in forma pauperis application be denied.
Civil Procedure Mar. 29, 1999
De Tie v. Orange County
Government entity's pending bankruptcy petition tolls 120-day deadline for serving tort complaint against it.
Civil Procedure Mar. 29, 1999
Heritage Engineering Construction Inc. v. City of Industry
Amendment to cost-shifting statute applies to cases pending on appeal when amendment became effective.
Civil Procedure Mar. 29, 1999
Brock v. Air Products & Chemicals Inc.
Demurer must be overruled where complaint, uncontradicted by admissions, alleges defendants' products caused cancer.
Civil Procedure Mar. 29, 1999
Fukuda v. City of Angels Camp
City must prove in administrative mandamus proceedings that weight of evidence supports officer's termination.
Civil Procedure Mar. 29, 1999
Whoop Inc. v. Dyno Productions Inc.
Referee proceeding is properly treated as arbitration and award is confirmed under arbitration statutes.
Civil Procedure Mar. 29, 1999
Stoll v. Runyon
Excessive sex harassment inhibiting plaintiff's ability to file suit warrants equitable tolling of statute of limitations.
Civil Procedure Mar. 28, 1999
County of Los Angeles v. Ranger Insurance Co.
Insurance company estopped from disputing tolling order for forfeiture under temporary disability provision where company asked for tolling period.
Civil Procedure Mar. 28, 1999
Bolm v. Custodian of Records of the Tucson Police Department
Trial court's failure to hold in camera inspection and balance parties rights prior to ordering disclosure is error.
Civil Procedure Mar. 26, 1999
BCAZ Corporation v. Helgoe
An award of attorney fees on appeal is valid where a significant central issue is determined.
Civil Procedure Mar. 26, 1999
Mediterranean Construction Co. v. State Farm Fire and Casualty Co.
Courts must allow oral argument on summary judgment motions.
Civil Procedure Mar. 26, 1999
Gutierrez v. Givens
Allegation of conspiracy to undermine a state judgment is sufficient to establish personal jurisdiction in California court.
Civil Procedure Mar. 26, 1999
Coltrain v. Shewalter
Defendants prevail on motion to strike strategic lawsuit against public participation when plaintiffs voluntarily dismiss.
Civil Procedure Mar. 26, 1999
Collord v. U.S. Dept. of the Interior
Equal Access to Justice Act applies to mining claim contest proceedings.
Civil Procedure Mar. 26, 1999