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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement.
Civil Procedure Aug. 5, 1999
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
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
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
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
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
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
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
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
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
Dowden v. Superior Court
Work-product privilege may be asserted by litigants representing themselves.
Civil Procedure Aug. 4, 1999
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
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