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Vorse v. Sarasy
Court cannot strike testimony pursuant to Evidence Code simply because it believes witness is lying.
Civil Procedure Jul. 30, 1999
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
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
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
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
Milton v. Perceptual Development Corp.
Evidence of attorney's misconduct resulting in clients' default supports order vacating default judgments.
Civil Procedure Jul. 29, 1999
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
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
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
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
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
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
Wickware v. Tanner
Offer to compromise made to multiple defendants cannot be conditioned on acceptance by all defendants.
Civil Procedure Jul. 26, 1999
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
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
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
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
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
Cortez v. Vogt
Statute of limitations period is tolled if fraudulent transfer occurs during action to establish underlying liability.
Civil Procedure Jul. 19, 1999
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
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
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
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
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
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
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
Ryder v. Peterson
No recovery of attorney fees after voluntary pretrial dismissal despite contractual agreement to the contrary.
Civil Procedure Jul. 15, 1999
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
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
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