Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A070505
|
Vorse v. Sarasy
Court cannot strike testimony pursuant to Evidence Code simply because it believes witness is lying. |
Civil Procedure |
|
Jul. 30, 1999 | |
B108546
|
Glenfed Development Corp. v. Superior Court (National Union Fire Insurance Co. of Pittsburgh, PA.)
Discovery of insurance company's claims manual in coverage dispute doesn't depend on its admissibility at trial. |
Civil Procedure |
|
Jul. 30, 1999 | |
B109020
|
Ash v. Hertz Corp.
Municipal court denial of motion to transfer to superior court is only appealable after final judgment. |
Civil Procedure |
|
Jul. 30, 1999 | |
93-16089
|
Indian Oasis-Baboquivari Unified School District No. 40OF v. Kirk
Order dismissing plaintiff's claim without prejudice bars appeal of order dismissing co-plaintiff's claim with prejudice. |
Civil Procedure |
|
Jul. 30, 1999 | |
96-16394
|
Elko County Grand Jury v. Siminoe
Despite federal court's inability to address merits, state court lacks authority to subpoena federal employee. |
Civil Procedure |
|
Jul. 29, 1999 | |
B101202
|
Milton v. Perceptual Development Corp.
Evidence of attorney's misconduct resulting in clients' default supports order vacating default judgments. |
Civil Procedure |
|
Jul. 29, 1999 | |
G015449
|
Don Jose's Restaurant, Inc. v. Truck Insurance Exchange
One final judgment rule precludes appeal of some claims with remaining claims left for trial. |
Civil Procedure |
|
Jul. 29, 1999 | |
A076737
|
Linton v. Superior Court (Obinna)
When both parties file in small claims court and either appeals, superior court retries all claims. |
Civil Procedure |
|
Jul. 29, 1999 | |
S058779
|
Murillo v. Fleetwood Enterprises, Inc.
Song-Beverly Consumer Warranty Act does not expressly preclude award of costs to prevailing defendants. |
Civil Procedure |
|
Jul. 28, 1999 | |
95-56032 and 95-56035
|
Zenith Insurance Co. v. Khademi
Under RICO Act, plaintiff must establish essential elements of civil claim to obtain costs award. |
Civil Procedure |
|
Jul. 27, 1999 | |
G020021
|
Calcor Space Facility, Inc. v. The Superior Court of Orange County (Thiem Industries, Inc.)
Subpoena only describing broad categories of documents is unduly burdensome and abuses discovery system. |
Civil Procedure |
|
Jul. 26, 1999 | |
C024875
|
California Business Council for Equal Opportunity v. Superior Court (Wilson)
Time to challenge 'all-purpose' assignment of judge is extended when assignment notice served by mail. |
Civil Procedure |
|
Jul. 26, 1999 | |
D022297
|
Wickware v. Tanner
Offer to compromise made to multiple defendants cannot be conditioned on acceptance by all defendants. |
Civil Procedure |
|
Jul. 26, 1999 | |
S053493
|
Van Beurden Insurance Services Inc. v. Customized Worldwide Weather Insurance Agency Inc.
Clerk's mailed notice must affirmatively state it was made by order of the court. |
Civil Procedure |
|
Jul. 25, 1999 | |
C024875
|
California Business Council for Equal Opportunity v. Superior Court (Wilson)
Time to challenge 'all-purpose' assignment of judge is extended when assignment notice served by mail. |
Civil Procedure |
|
Jul. 25, 1999 | |
94-17085
|
Budget Rent-A-Car v. Crawford
Despite no pending state litigation, district court must determine state-court remedies before exercising jurisdiction. |
Civil Procedure |
|
Jul. 25, 1999 | |
98-0548
|
Williams v. Lakeview Co.
Sufficient minimum contacts exist to exercise personal jurisdiction over Nevada casino, although accident occurred in Arizona. |
Civil Procedure |
|
Jul. 22, 1999 | |
B092964
|
Person v. Farmers Insurance Group of Companies
Health care practitioner cannot refuse to produce patient's records until patient's attorney signs a lien. |
Civil Procedure |
|
Jul. 19, 1999 | |
D021806
|
Cortez v. Vogt
Statute of limitations period is tolled if fraudulent transfer occurs during action to establish underlying liability. |
Civil Procedure |
|
Jul. 19, 1999 | |
G018893
|
Whelan v. Estate of Richard Pick
Punitive damages award is enforceable through appeal bond even if defendant dies while appeal pending. |
Civil Procedure |
|
Jul. 19, 1999 | |
D021721
|
Wilson v. Science Applications International Corp.
Public members, not parties to proceedings, can challenge continued need for order sealing record. |
Civil Procedure |
|
Jul. 19, 1999 | |
S057557
|
McMillan v. Superior Court (Nelson)
Plaintiff's lawyer cannot be ordered to pay client's portion of court-ordered discovery referee fee. |
Civil Procedure |
|
Jul. 19, 1999 | |
95-16666
|
Acri v. Varian Associates Inc.
District court can exercise supplemental jurisdiction over state claims without determining whether it should be declined. |
Civil Procedure |
|
Jul. 18, 1999 | |
98-15693
|
Olson v. Morris
Legal and factual issues that are or can be litigated before state licensing board can't be relitigated in federal court due to res judicata. |
Civil Procedure |
|
Jul. 15, 1999 | |
G015449
|
Don Jose's Restaurant Inc. v. Truck Insurance Exchange
One final judgment rule precludes appeal of some claims with remaining claims left for trial. |
Civil Procedure |
|
Jul. 15, 1999 | |
G020021
|
Calcor Space Facility Inc. v. Superior Court (Thiem Industries Inc.)
Subpoena only describing broad categories of documents is unduly burdensome and abuses discovery system. |
Civil Procedure |
|
Jul. 15, 1999 | |
D022339
|
Ryder v. Peterson
No recovery of attorney fees after voluntary pretrial dismissal despite contractual agreement to the contrary. |
Civil Procedure |
|
Jul. 15, 1999 | |
C022370
|
Wolfgram v. Wells Fargo Bank
Vexatious litigant statute, directed at individuals with history of unsuccessful propria persona cases, isn't unconstitutional. |
Civil Procedure |
|
Jul. 13, 1999 | |
A074435 and A074430
|
Edwards v. Centex Real Estate Corp.
Party seeking to use litigation privilege to exclude prelitigation communications must show litigation was proposed. |
Civil Procedure |
|
Jul. 13, 1999 | |
H014330
|
Windsor Square Homeowners Association v. Citation Homes
Builder's affirmative defense of res judicata is naturally tried to the court, not jury. |
Civil Procedure |
|
Jul. 12, 1999 |