Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S071633
|
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself. |
Civil Procedure |
|
Sep. 6, 1999 | |
F030743
|
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment. |
Civil Procedure |
|
Sep. 6, 1999 | |
98-15131
|
Weissman v. Quail Lodge Inc.
Attorney isn't subject to sanctions as vexatious litigant for conduct done in the course of representing a client. |
Civil Procedure |
|
Sep. 3, 1999 | |
B108013
|
Datig v. Dove Books Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice. |
Civil Procedure |
|
Sep. 2, 1999 | |
B118103
|
Division of Labor Standards Enforcement v. Rhee
Prevailing party in action brought by Division of Labor Standards Enforcement may be awarded costs, despite statute prohibiting such cost awards. |
Civil Procedure |
|
Sep. 2, 1999 | |
A084404
|
Bradley v. Breen
Statute of limitations bars cross-complaint for equitable indemnity against decedent's estate even though cause of action had not accrued at decedent's death. |
Civil Procedure |
|
Sep. 2, 1999 | |
C029199
|
Reese v. Wal-Mart Stores Inc.
Refusal to certify class of male shoppers harmed by 'Ladies Day' discounts was proper after determination that substantial benefits wouldn't accrue. |
Civil Procedure |
|
Sep. 2, 1999 | |
B122440
|
Bagley v. TRW Inc.
Summary judgment motion denied by one judge and later transferred to another judge is still valid where no new facts are presented. |
Civil Procedure |
|
Sep. 2, 1999 | |
E020188 and E021079
|
Main Fiber Products Inc. v. Morgan & Franz Insurance Agency
Opposition to good-faith settlement agreement isn't proper when it is appealed from a final judgment. |
Civil Procedure |
|
Sep. 2, 1999 | |
G020633
|
Glendale Federal Bank v. Hadden
Landlord's refusal to allow bank to cure forfeited lease is proper where bank isn't indispensable party and has no interest in lease once terminated. |
Civil Procedure |
|
Sep. 2, 1999 | |
A086253
|
County of Orange v. Superior Court (Barrie)
After plaintiff was arrested in one county and transported to another, venue for suit against second county is improper in first county. |
Civil Procedure |
|
Sep. 2, 1999 | |
G020962
|
Marriage of Reese
Notice of motion for sanctions under one code section doesn't permit the court to impose sanctions under different section. |
Civil Procedure |
|
Sep. 2, 1999 | |
E022025
|
McCutchen v. City of Montclair
Collateral estoppel doesn't bar relitigation of probable cause for arrest if preliminary hearing included evidence unavailable at time of arrest |
Civil Procedure |
|
Sep. 1, 1999 | |
98-0478
|
Wayne Cook Enterprises Inc. v. Fain Properties Limited Partnership
Dismissal of action for untimely disclosure is warranted only where party, as opposed to party's attorney, bears some blame. |
Civil Procedure |
|
Aug. 11, 1999 | |
98-55142
|
U.S. v. One 1997 Mercedes, E420
The 60-day period for the government to file a civil forfeiture action applies to claim alleging laundering of drug money. |
Civil Procedure |
|
Aug. 6, 1999 | |
F023081
|
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice. |
Civil Procedure |
|
Aug. 5, 1999 | |
A073467
|
Wilson v. Safeway Stores Inc.
Fees and costs are included in determining if tort judgment is greater than settlement offer. |
Civil Procedure |
|
Aug. 5, 1999 | |
C021900
|
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement. |
Civil Procedure |
|
Aug. 5, 1999 | |
S057813
|
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs. |
Civil Procedure |
|
Aug. 5, 1999 | |
A073818
|
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal. |
Civil Procedure |
|
Aug. 5, 1999 | |
D025845
|
City of Vista v. Sutro & Co.
Finance director with power to execute agreements on city's behalf could bind city to arbitration agreement. |
Civil Procedure |
|
Aug. 5, 1999 | |
S057119
|
Emerson Electric Co. v. Superior Court (Grayson)
Trial court has discretion to compel deponent to physically re-enact accident at videotaped deposition. |
Civil Procedure |
|
Aug. 4, 1999 | |
95-15915
|
The Stars' Desert Inn Hotel & Country Club Inc. v. Hwang
Foreign citizen's repeated failure to obey deposition and sanctions order supports default money judgment sanction. |
Civil Procedure |
|
Aug. 4, 1999 | |
B122382
|
Seacall Development Ltd. v. Santa Monica Rent Control Board
Attorney's negligence isn't imputed to client where attorney's abandonment outweighs client's conduct, no prejudice to defendant exists, and dismissal is discretionary. |
Civil Procedure |
|
Aug. 4, 1999 | |
B101270
|
Cravens v. State Board of Equalization for the State of California
Plaintiff cannot voluntarily dismiss without prejudice in lieu of opposition to summary judgment motion. |
Civil Procedure |
|
Aug. 4, 1999 | |
A075386
|
Gray v. Superior Court (Hunter)
Plaintiff's right to voluntarily dismiss complaint is cut off by commencement of evidentiary proceedings before referee. |
Civil Procedure |
|
Aug. 4, 1999 | |
B117955
|
Premium Commercial Services Corp. v. National Bank of California
Failure to include key provision in a settlement offer is not a mistake warranting relief from judgment. |
Civil Procedure |
|
Aug. 4, 1999 | |
G024096
|
Dowden v. Superior Court
Work-product privilege may be asserted by litigants representing themselves. |
Civil Procedure |
|
Aug. 4, 1999 | |
95-16081
|
Local Motion Inc. v. Niescher
Prevailing party cannot dismiss remaining claims without prejudice in order to prevent appeal by loser. |
Civil Procedure |
|
Aug. 3, 1999 | |
B102106
|
Sobremonte v. Superior Court (Bank of America National Trust and Savings Assn.)
Right to enforce arbitration is waived where party unreasonably delays its arbitration demand. |
Civil Procedure |
|
Aug. 2, 1999 |