United States v. Campbell
"Prevailing party" under Hyde Amendment must have gained material alteration of parties' legal relationship by judgment or consent decree. 9th Cir.; Filed June 3.

San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A.
Trial court erred in considering evidence in support of summary judgment motion that was first submitted with moving party's reply. C.A. 4th; Filed May 31.

United Computer Systems, Inc. v. AT&T Corporation
Where fraudulence of defendant's joinder is irrelevant for purposes of determining diversity, and no obligation exists to join such defendant in removal petition, date of service on fraudulently joined defendant does not commence 30-day time period for removal. 9th Cir.; Filed May 31.

Basura v. U.S. Home Corporation
State statute permitting home purchasers to sue for construction defects notwithstanding contractual arbitration clauses is preempted by Federal Arbitration Act. C.A. 2nd; Filed May 31.

McGonnell v. Kaiser Gypsum Company, Inc.
Decedent's deposition testimony that he could not recall ever having encountered asbestos defendant's allegedly harmful product was sufficient to support summary judgment in favor of defendant. C.A. 1st; Filed April 30.

Yuba Cypress Housing Partners, Ltd. v. Area Developers
Developer whose contract was rescinded for illegality could not maintain that attorney-fee clause was also voided. C.A. 3rd; Filed May 29.

Hammond v. Agran
Electoral candidate who defended against lawsuit challenging voters' pamphlet statement was entitled under private attorney general doctrine to attorney fees for litigating scope of electoral statute. C.A. 4th; Filed May 29.

P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority
Party's entitlement to, and amount of, attorney's fee award was subject to review on appeal of postjudgment fee order. C.A. 4th; Filed May 29.

Apple Valley Unified School District v. Vavrinek, Trine, Day & Co.
Accounting malpractice action accrued when plaintiff first learned of improper payments and incurred expenses, notwithstanding that no determination had been made as to plaintiff's liability to third party. C.A. 4th; Filed May 29.

Blind-Doan v. Sanders
District court's order excluding evidence of sexual assault lacked adequate supporting explanation where court's identification of evidence to be excluded was vague and ruling was finalized by means of one-sentence order lacking findings or explanation. 9th Cir.; Filed May 28.

Javor v. Taggart
Contractor's federal due process claim against state employees was untimely for having been brought more than one year after contractor learned of erroneous lien against his property. C.A. 2nd; Filed May 1.

Robinson v. Chin & Hensolt
San Francisco's cable car turnarounds are improvements to real property for purpose of determining timeliness of personal injury claims alleging defective design and construction. C.A. 1st; Filed May 22.

Kaplan v. Fairway Oaks Homeowners Association
Homeowners association was entitled to statutory attorney fees after prevailing over individual homeowners in dispute over board of directors election. C.A. 4th; Filed April 24.

Keitel v. Heubel
Filing of federal bankruptcy case did not preclude appellate court from imposing monetary sanctions for filing frivolous appeal and failing to apprise court of bankruptcy proceeding. C.A. 1st; Filed May 21.

Cox v. Superior Court (Shields)
Evidence that plaintiff in medical malpractice suit was receiving disability benefits was admissible, but evidence of tax treatment of benefits was not admissible. C.A. 2nd; Filed May 21.

Laraway v. Pasadena Unified School District
Time for filing appeal ran from trial court order finally resolving all disputed issues, even where trial court later entered "judgment" to same effect as earlier order. C.A. 2nd; Filed May 16.

First Security Bank of California N.A. v. Paquet
Contractual attorney fees properly ordered to cross-defendant on adjudicated derivative cross-complaint action, even though original action was still ongoing. C.A. 4th; Filed May 15.

Vizcaino v. Microsoft Corporation
28 percent fee award to class counsel in litigation between Microsoft and freelance workers was reasonable under percentage method and pertinent state law. 9th Cir.; Filed May 15.

Phillips v. General Motors Corporation
Strong presumption of access created under federal common law right of access does not apply to documents filed under seal pursuant to valid protective order. 9th Cir.; Filed May 13.

Berkla v. Corel Corporation
Absent Rule 68 offer of judgment, plaintiff's failure to accept settlement offer that turns out to be less than amount recovered at trial was not legitimate basis for denying award of costs. 9th Cir.; Filed May 9.

Zakarian v. Bekov
One party to arbitration agreement could not prevent another party from obtaining arbitration of issue of whether non-party's presence was relevant to resolution. C.A. 1st; Filed May 8.

Kollander Construction, Inc. v. Superior Court (Alvarez)
Supplemental brief presenting new arguments and evidence was "new circumstance" warranting trial court's reconsideration of order denying §473 motion to set aside dismissal. C.A. 2nd; Filed May 8.

Rivas v. Safety-Kleen Corporation
Federal CERCLA statute does not pre-empt state law statute of limitations for personal injury suits arising out of workplace exposure to toxic substances. C.A. 2nd, Filed May 7.

Haas v. County of San Bernadino
County's unilateral selection, retention and payment of administrative hearing officer in licensing dispute violated due process rights of party who requested hearing. Cal.Sup.Ct.; Filed May 6.

Leatherman Tool Group, Inc. v. Cooper Industries, Inc.
Appellate court need not remand for new trial in every case in which it finds that punitive damages award exceeds constitutional maximum. 9th Cir.; Filed May 3.

Huskinson & Brown v. Wolf
Referring law firm was not entitled to any portion of referral fee where referred client had never consented in writing. C.A. 2nd; Filed May 2.

Mayer v. Driver
Construction defects suit exceeded scope of previously arbitrated action and therefore was not a successor and replacement action affording standing to sue. C.A. 2nd; Filed May 1.

Gray v. Stewart
Oral acceptance of §998 compromise offer barred subsequent attempt to revoke. C.A. 1st; Filed April 30.

Seheult v. Jeffer, Mangels, Butler & Marmaro
For purpose of determining whether legal malpractice claim was time barred, client suffered "actual injury" when enforceable obligation was created, whether or not attorney fees or other costs had yet been incurred. C.A. 2nd; Filed April 30.

Ochoa v. J.B. Martin and Sons Farms, Inc.
Migrant farm workers who resided in Arizona but were recruited to work in another state could assert Arizona court's personal jurisdiction over non-resident farm employer where labor contractor acted as employer's agent in recruiting Arizona farm workers. 9th Cir.; Filed April 26.

Oregon Bureau of Labor and Industries v. U.S. West Communications, Inc.
Federal removal statute cannot be applied to secure removal of proceedings from administrative agency, no matter how "court-like" its proceedings may be. 9th Cir.; Filed April 26.

Fine v. Superior Court (DeFlores)
Commissioner sitting as temporary judge had authority to adjudicate contempt charge against litigant's attorney. C.A. 2nd; Filed March 14.

Colarossi v. Coty US Inc.
Summary judgment improvidently granted where trial court improperly excluded admissible and relevant hearsay evidence. C.A. 4th; Filed April 24.

Szetela v. Discover Bank
Credit card company's one-sided, "take it or leave it" prohibition against class actions in arbitration provision was manifestly unfair to card holders, rendering provision unenforceable. C.A. 4th; Filed April 22.

United States v. City of Los Angeles
In determining whether putative intervener had protectable interest, court was not free to consider potential for issue reduction where significant procedural issues were not yet resolved. 9th Cir.; Filed April 22.

In re Marriage of Goddard
Failure to introduce notice of trial into evidence did not mandate reversal of judgment entered in party's absence. C.A. 2nd; Filed April 19.

Insurance Company of the West v. Pangborn Plumbing Corp.
Law firm's contractual lien for attorneys' fees had priority over judgment creditor's lien with regard to settlement proceeds fund that law firm helped to create. C.A. 2nd; Filed April 19.

Sav-On Drug Stores, Inc. v. Superior Court (Rocher)
Class certification was not appropriate in action seeking overtime pay where each member's alleged right to overtime depended upon that member's individual facts. C.A. 2nd; Filed April 4.

McBride Cotton and Cattle Corporation v. Veneman
Party's failure to exhaust administrative appeals under Department of Agriculture reorganization statute did not deprive district court of subject matter jurisdiction. 9th Cir.; Filed April 19.

Banks v. Hathaway, Perrett, Webster, Powers & Chrisman
Order sustaining demurrer without leave to amend does not bar §128.7 motion for sanctions unless order is reduced to judgment before sanctions motion is served and filed. C.A. 2nd; Filed April 17.

State Water Resources v. Superior Court (Yuba County)
Attorney General could not simultaneously represent State Water Resources Control Board and Department of Fish and Game in litigation over fisheries management plan. C.A. 3rd; Filed April 17.

Christian v. Mattel, Inc.
Attorney's "outlandish" conduct during deposition was not a proper basis for Rule 11 sanctions. 9th Cir.; Filed April 15.

Rancho Solano Master Association v. Amos & Andrews, Inc.
Defendant's full satisfaction of judgment barred appeal. C.A. 1st; Filed April 12.

Domingo v. T.K.
Medical expert's bare assertion linking extensive malleting during hip replacement surgery to fat embolism syndrome did not meet standards of reliability required for admissibility as expert testimony. 9th Cir.; Filed April 12.

Fine v. Superior Court (DeFlores)
Temporary pretrial judge had post-judgment authority to jail attorney for contemptuous false accusations challenging judge's impartiality and honesty. C.A.2nd; Filed April 11.

Carwash of America-PO LLC v. Windswept Ventures No. I
Prevailing defendant in breach of contract claim cannot claim contractual recovery of expert witness fees as item of costs. C.A. 3rd; Filed April 9.

Fair Housing of Marin v. Combs
Fair housing organization had standing to sue racially discriminatory landlord based on costs and frustrations suffered by organization as result of past attempts to counteract landlord's discriminatory practices. 9th Cir.; Filed April 9.

Leatherman Tool Group, Inc. v. Cooper Industries, Inc.
Appellate court need not remand for new trial in every case where punitive damages award is found to exceed constitutional maximum. 9th Cir.; Filed April 5.

Orr v. Bank of America, NT&SA
After document was authenticated by party, authenticity requirement was satisfied as to all parties, subject to right of any party to present evidence to ultimate fact-finder disputing its authenticity. 9th Cir.; Filed April 5.

Silver v. Boatwright Home Inspection, Inc.
Defendant who was voluntarily dismissed from lawsuit prior to trial was not prevailing party for purposes of recovering attorneys fees where plaintiffs attained their litigation objectives through settlement with other defendants. C.A. 2nd; Filed April 4.

Webb v. Ada County
Postjudgment attorney's fees directly incurred in enforcing court-ordered relief and consent decree to correct violations of prisoner's constitutional rights were compensable under Prison Litigation Reform Act. 9th Cir.; Filed April 4.

Sea-Land Service, Inc. v. Lozen International, LLC
Internal company e-mail authored by one employee and forwarded by a second employee who incorporates and adopts contents of original message may later be found admissible as adoptive admission. 9th Cir.; Filed April 3.

Sao Paulo State of the Federative Republic of Brazil v. American Tobacco Co., Inc.
The decision of whether a judge’s "impartiality might reasonably be questioned" should be made taking into account the fact that the judge’s name was added mistakenly and without his knowledge to a motion to file an amicus brief in a separate but similar controversy against some of the same defendants, prior to his appointment to the bench; lower court’s ruling that that 28 U.S.C. §455(a) required disqualification of the judge is reversed. U.S.Sup.Ct.; Filed April 1.

San Francisco National Association for the Advancement of Colored People v. San Francisco Unified School District
Civil rights plaintiff may be eligible, based solely on its status as prevailing party in original action, to recover attorney fees under 42 U.S.C. §1988 for defending consent decree from collateral attack brought by third party in subsequent action. 9th Cir.; Filed April 1.

Wong v. Thrifty Corporation
Lessor was entitled to attorney fees and costs as prevailing party under Civ. Code §1717 based on settlement of lease dispute even though lease agreement provided that lessor was to recover fees and costs only where it was determined that lessee was liable. C.A. 1st; Filed March 29.

Gamble v. Department of Water and Power
Public entity's motion for costs for defending frivolous suit should be filed at earliest practical time prior to entry of judgment and must be heard by same judge who decided dispositive motion. C.A. 2nd; Filed March 28.

Carver v. Chevron U.S.A., Inc.
Prevailing defendant could not recover attorneys' fees for defense of Cartwright Act antitrust actions, even though parties' underlying agreement provided for award of attorneys' fees to prevailing party. C.A. 4th; Filed March 27.

Medix Ambulance Service, Inc. v. Superior Court (Collado)
Trial court erred by refusing oral argument on demurrer after announcing summary decision on Internet. C.A. 4th; Filed March 27.

Bennett v. Medtronic, Inc.
Effect of district court order restraining enforcement of non-compete agreements in state court was to enjoin state court proceedings, rendering order appealable as possibly violating federal Anti-injunction Act. 9th Cir.; Filed March 27.

Groth Bros. Oldsmobile, Inc. v. Gallagher
Voluntary dismissal no longer an option after plaintiff had offered no opposition to pending demurrer and tentative ruling had issued in defendant's favor. C.A. 1st; Filed March 26.

City of Tucson v. U.S. West Communications, Inc.
Federal district court was competent to hear quo warranto actions involving state franchise disputes. 9th Cir.; Filed March 26.

Glencore Grain Rotterdam B.V. v. Shivnath Rai Harnarain Co.
Confirming of foreign arbitral award under Convention on Recognition and Enforcement of Foreign Arbitral Awards requires showing that district court has jurisdiction over defendant against whom enforcement is sought, or over his property. 9th Cir.; Filed March 26.

United States v. Currency, U.S. $42,500.00
Probable cause for seeking civil forfeiture of seized money existed, based upon large amount, cellophane packaging, alert by drug-sniffing dog, and claimant's refusal to identify her alleged principal. 9th Cir.; Filed March 26.

Frazier v. Superior Court (Ames)
Insurer law firm's coverage of deposition for Cumis counsel no basis for imputing conflict of interest from insurer's firm to Cumis counsel. C.A. 4th; Filed March 26.

Harris v. Sandro
Appeal of judgment affirming arbitration award was frivolous where all appellant's claims amounted to arguments that award contained legal or factual errors. C.A. 2nd; Filed March 21.

H.D. Arnaiz, Ltd. v. County of San Joaquin
Order vacating party's voluntary dismissal of action is not an abuse of trial court's discretion where dismissal was based on party's good faith mistake as to opposing party's willingness to resolve dispute. C.A. 3rd; Filed March 21.

Hassan v. Mercy American River Hospital
Communication between hospitals regarding doctor's qualifications was privileged with respect to adverse representations that were made for purpose of providing assistance in evaluating the doctor. C.A. 3rd; Filed March 21.

Ayuyu v. Tagabuel
Jury-instruction objection requirement in federal rules applies both to objections regarding form of verdict and objections to any instructions regarding use by jury of that form. 9th Cir.; Filed March 20.

Rio Properties, Inc. v. Rio International Interlink
Special factual circumstances may warrant permitting service of process by email on foreign Internet defendant. 9th Cir.; Filed March 20.

United States v. Real Property at 2659 Roundhill Drive, Alamo, California
For purposes of determining entitlement under federal statute to attorney fees, government's conduct in maintaining property forfeiture action under legal doctrine clearly repudiated by U.S. Supreme Court was not substantially justified. 9th Cir.: Filed March 18.

Estate of Kennedy v. Bell Helicopter Textron, Inc.
Appeal from district court's adverse decision by party claiming protection under General Aviation Revitalization Act fell within collateral order doctrine. 9th Cir.; Filed March 15.

California Department of Forestry and Fire Protection v. LeBrock
Defendant who prevailed in suit by state agency seeking recovery of costs incurred by state in fighting fire on defendant's land was not entitled to attorneys fees. C.A. 2nd; Filed March 13.

Richter v. Aetna Life Insurance and Annuity Company
Notice of cross-appeal that was filed within 20 days of clerk's notice of direct appeal from later judgment in same case was timely filed. C.A. 2nd; Filed March 13.

In re Perris City News
Court of appeal had jurisdiction to hear appeal from judgment deciding statutory petition to declare newspaper a newspaper of general circulation. C.A. 4th; Filed March 15.

Trabuco Highlands Community Association v. Head
Arbitrator's own attestation not a proper basis for trial court's finding that arbitration was binding. C.A. 4th; Filed March 15.

United States v. Currency, U.S. $42,500.00
Probable cause for seeking civil forfeiture of seized money existed, based upon large amount, cellophane packaging, alert by drug-sniffing dog, and claimant's refusal to identify her alleged principal. 9th Cir.; Filed March 13.

James v. Price Stern Sloan, Inc.
Where party that suffered adverse partial judgment dismissed remaining claims with district court's approval, and there was no evidence party sought to manipulate appellate court's jurisdiction, judgment following dismissal was final and appealable. 9th Cir.; Filed March 12.

Gaudin v. Remis
If parent of abducted child who sued abductor under International Child Abduction Remedies Act and Hague Convention permanently relocated to country where abductor and children were found, then action was mooted. 9th Cir.: Filed March 11.

Heenan v. Sobati
Sitting superior court judge lacked authority to conduct private arbitration subject to confirmation under California Arbitration Act. C.A. 4th; Filed March 7.

Community Dental Services v. Tani
"Extraordinary circumstances" warranting setting aside of default judgment under F.R.C.P. 60(b) may be demonstrated by client who shows that default resulted from gross negligence on part of his counsel. 9th Cir.; Filed March 7.

County of Orange v. Smith
Commissioner's child support order was not subject to trial de novo by judge where parent did not renew objection to commissioner after OSC was taken off calendar and new OSC was assigned to new commissioner. C.A. 4th; Filed March 6.

In re Kramer
Attorney had burden to show by clear and convincing evidence that reciprocal discipline was precluded after district court sought to discipline attorney based on disbarment action in state court. 9th Cir.; Filed March 6.

Orr v. Bank of America, NT&SA
After document was authenticated by one party, authenticity requirement was satisfied as to all parties, subject to right of any party to present evidence to ultimate fact-finder disputing its authenticity. 9th Cir.; Filed March 5.

Schmier v. Supreme Court of California
Litigant who failed to prevail in suit to force publication of appellate court opinions was not entitled to attorney fees under private attorney general statute. C.A. 1st; Filed March 4.

McPhearson v. The Michaels Company
Confidentiality clause in prior client's settlement agreement did not disqualify attorney from representing later client against same defendant. C.A. 3rd; Filed March 4.

Snapp & Associates Insurance Services, Inc. v. Malcolm Bruce Burlingame Robertson
Time for insurance broker to sue another broker for conversion of commissions was not tolled under theory of fraudulent concealment after plaintiff was on notice of potential claims. C.A. 4th; Filed March 4.

Nguyen v. Southwest Leasing and Rental
Rule 4(a)(6) notice of entry of judgment not necessarily limited to written communication. 9th Cir; Filed March 4.

Lauren H. v. Kannappan
Plaintiff's unopposed juror affidavits were not conclusive as to existence of compromise verdict where trial court's decision to grant new trial arose from insufficiency of evidence to support verdict. C.A. 5th; Filed March 4.

Jakubowsky v. MCI Telecommunications Corporation
Litigant was ineligible for Code Civ. Proc. §473(b) relief from judgment arising from attorney neglect where application failed to include copy of proposed summary judgment response. C.A. 3rd; Filed February 27.

Hess v. Ford Motor Company
Plaintiff's settlement release did not bar claims against tortfeasors not party to release. Cal.Sup.Ct.; Filed February 28.

Raygor v. Regents of the University of Minnesota
Federal law extending state statutes of limitation following federal court dismissal of claims does not apply as to state law claims originally asserted against nonconsenting state defendants that were dismissed on Eleventh Amendment grounds. U.S.Sup.Ct.; Filed February 27.

Gotschall v. Daley
Attorney's decision not to contest dismissal motion because of error in failing to secure expert witness did not warrant vacating dismissal under Code Civ. Proc. §437(b) for attorney neglect. C.A. 3rd; Filed February 26.

United States v. Braunstein
Prevailing federal criminal defendant seeking attorney fee award for frivolous prosecution must show that government's position was foreclosed by binding precedent or so obviously wrong as to be frivolous. 9th Cir.; Filed February 25.

Perez-Arellano v. Smith
For purposes of Equal Access to Justice Act attorney fees, prevailing party status requires showing that party gained material alteration of legal relationship of parties by judgment or consent decree. 9th Cir.; Filed February 21.

In re Providian Credit Card Cases
Trial court did not abuse discretion in ordering disclosure of documents asserted to be "privileged". C.A. 1st; Filed February 20.

City National Bank v. Adams
Attorney cannot represent party whose interests are adverse to former client when both representations are in same manner or when current representation involves work performed by attorney for former client. C.A. 2nd, Filed February 20.

Pedus Building Services, Inc. v. Allen
Out-of-state resident who was formerly employed by California corporation and who traveled frequently to California for meetings and to negotiate contract agreements that were governed by California law was subject to California jurisdiction. C.A. 2nd; Filed February 13.

Benasra v. Mitchell, Silverberg & Knupp
Arbitration panel's denial of request to disqualify law firm was not res judicata as to subsequent action against firm for breach of duty of loyalty. C.A. 2nd; Filed February 13.

Stephens v. Superior Court
Statute allowing late-appearing party to move for §170.6 peremptory disqualification of judge within 10 days of first appearance was not applicable after judge has already decided contested issues of fact. C.A. 4th; Filed February 8.

In re Estate of Cruz
Court of appeals lacked jurisdiction to review Northern Mariana Islands' court decision founded on adequate and independent application of local law. 9th Cir.; Filed February 8.

San Diego Unified Port District v. Douglas E. Barnhart, Inc.
Defendants could not be compelled to contribute funds for destructive testing of allegedly defective tile floor. C.A. 4th; Filed February 7.

Harris v. Rudin, Richman & Appel
Rescission of settlement agreement may be proper where parties did not know, when agreement was formed, of new legislation eliminating basis for underlying lawsuit. C.A. 2nd; Filed February 6.

Janes v. Wal-Mart Stores, Inc.
Neither motion for summary judgment nor trial brief met procedural requirement under federal rules that motion for judgment as matter of law be made before close of evidence. 9th Cir.; Filed February 4.

Perez-Arellano v. Smith
For purposes of Equal Access to Justice Act attorney fees, prevailing party status requires showing that party gained material alteration of legal relationship of parties by judgment or consent decree. 9th Cir.; Posted February 1.

Schmier v. United States Court of Appeals for the Ninth Circuit
Party suing circuit court to challenge circuit rule prohibiting citations to unpublished dispositions failed to show standing. 9th Cir.; Posted February 1.

Piscioneri v. City of Ontario
Factual issues pertaining to laches and timeliness of former employee's disability claim must be decided at administrative hearing. C.A. 4th; Posted February 1.

Laurino v. Syringa General Hospital
Denial of FRCP 60(b) motion for reinstatement for excusable neglect was error where there was no unreasonable delay or interference with district court docket, and order denying motion rested on material factual errors and failed to consider movant's explanation. 9th Cir.; Posted January 30.

Jazzabi v. Allstate Insurance Company
Jury could not review issues of insurer's liability for breach of contract and damages until it first unanimously rejected affirmative defense claim. 9th Cir.; Posted January 29.

Crowell v. Downey Community Hospital Foundation
Parties to arbitration agreement could not validly agree that award was subject to judicial review to determine whether award was supported by law and evidence. C.A. 2nd; Posted January 29.

DCH Health Services Corporation v. Waite
Attorney's spouse's former professional affiliation with opposing party was not sufficient basis for disqualifying attorney. C.A. 4th; Posted January 28.

Jabro v. Superior Court
Court could not order discovery of defendants' financial condition until it first weighed all evidence and found that plaintiff seeking punitive damages was likely to prevail on merits. C.A. 4th; Posted January 29.

Frazee v. Seely
Party opposing summary judgment was entitled to continuance to permit completion of discovery. C.A. 4th; Posted January 25.

Torre v. Brickley
Plaintiff in federal diversity action has 120 days to effect service after filing complaint under F.R.C.P. rule 4(m) only if this period enables plaintiff to serve within state-prescribed statutory period for commencing action. 9th Cir.; Posted January 24.

Thomas v. Gilliland
Medical malpractice plaintiff's claim was barred by statute of limitations where counsel unilaterally dismissed and re-filed action to avoid conflict in trial schedule. C.A. 2nd; Posted January 23.

In re Woodham
Board of Prison Terms was subject to punitive sanctions for violating court order directing timely response to life term inmate's administrative appeal. C.A. 4th; Posted January 23.

Hart v. Hart
"Safe harbor" provisions of sanctions statute was violated where motion filed with court was different from motion served on respondent. C.A. 4th; Posted January 18.

United States v. Marolf
For purposes of weighing claim for attorneys fees under Equal Access to Justice Act, scope of district court's review must not extend beyond prevailing party's challenge itself. 9th Cir.; Posted January 17.

Lynch v. Warwick
Criminal client must prove actual innocence in order to sue former counsel for breach of contract. C.A. 4th; Posted January 17.

Barrios v. California Interscholastic Federation
Relief by plaintiff in settlement agreement was not so minimal as to disqualify him from "prevailing party" status where he received $10,000 in damages and legal relationship between parties was significantly altered. 9th Cir.; Posted January 16.

Republican Party of Guam v. Gutierrez
Federal district court did not have federal-question jurisdiction over declaratory judgment action where success of claim did not depend on whether federal law was violated. 9th Cir.; Posted January 15.

Doi v. Halekulani Corporation
Binding agreement to settle was established where party responded affirmatively in open court when asked if she agreed to recited terms of agreement placed on record. 9th Cir.; Posted January 14.

Ferguson v. Lieff, Cabraser, Heinmann & Bernstein, LLP
Settling class members who were individually represented and had opportunity to opt out could not later claim insufficient notice of settlement, fraud, or legal malpractice by class action counsel. C.A. 1st; Posted January 14.

Kirkland v. Superior Court (Guess?, Inc.)
Documents and transcripts of testimony from SEC investigation discoverable in civil litigation. C.A. 2nd; Posted January 10.

Maldonado v. Superior Court (ICG Telecom Group, Inc.)
Trial court erred in denying motion to compel further discovery from non-complying witnesses. C.A. 2nd; Posted January 8.

Patton v. Cox
Under Arizona law, witness immunity does not bar action for breach of contract where witness participated voluntarily in quasi-judicial proceeding. 9th Cir.; Posted January 7.

Shelton v. Rancho Mortgage & Investment Corporation
Postjudgment order denying sanctions was appealable. C.A. 4th; Posted January 7.

Domingo v. T.K.
Medical expert's bare assertion linking extensive malleting during hip replacement surgery to fat embolism syndrome did not meet standards of reliability required for admissibility as expert testimony. 9th Cir.: Posted January 3.

Dawavendewa v. Salt River Project Agricultural Improvement and Power District
Indian tribe was indispensable party in Title VII discrimination suit brought by non-member of tribe against employer operating on reservation lands pursuant to lease with tribe. 9th Cir.: Posted January 2.

Lohnes v. Astron Computer Products
Intervenor's reliance on court clerk's instruction not to seek leave to intervene was not proper basis for striking complaint in intervention. C.A. 4th; Posted December 28.

Ahmed v. State of Washington
District court's jurisdiction to hear claim filed while inextricably intertwined state claim was pending ceased as soon as state court entered judgment. 9th Cir.; Posted December 27.

DeltaKeeper v. Oakdale Irrigation District
Parties to joint district water purchase agreement not named in litigation challenging adequacy of environmental impact report were not necessary and indispensable parties. C.A. 3rd; Posted December 27.

Ryan v. California Interscholastic Federation
Appellant's voluntary acquiescence with mandamus order and failure timely to pursue writ relief from order warranted dismissal of appeal. C.A. 4th; Posted December 26.

Guardian North Bay, Inc. v. Superior Court (Myers)
Action based on professional caretaker's criminal conviction for elder abuse was subject to extended statute of limitations applying to restitution for criminal conduct. C.A. 6th; Posted December 26.

People v. Superior Court (Cheek)
Deposition available as discovery tool in Sexually Violent Predators Act proceeding. C.A. 6th; Posted December 26.

Morris v. Blank
Defendant's voluntary dismissal of tort action against plaintiff no bar to plaintiff's tort action arising out of same facts. C.A. 2nd; Posted December 21.

Gutierrez v. Barnhart
No per se rule that Equal Access to Justice Act fees cannot be awarded where government's litigation position contains issue of first impression. 9th Cir.; Posted December 20.

Ellard v. Conway
Substitute service of process may be made at private/commercial post office box Statute prohibiting substitute service at U.S. Postal Service post office box does not apply to substitute service on private/commercial post office box. C.A. 4th; Posted December 12.

Sun Valley Packing v. Consep, Inc.
Federal pesticide labeling statute did not pre-empt state law claims based on recommended use and voluntary oral warranty beyond scope of pesticide label. C.A. 5th; Posted December 11.

Bonifield v. County of Nevada
Plaintiffs filing state action after dismissal of federal action had 30 days to file from date of dismissal plus any additional days remaining under state statute of limitations. C.A. 3rd; Posted December 7.

Sambrano v. City of San Diego
Trial court erred in declining to rule on evidentiary objection raised in context of summary judgment proceedings. C.A. 4th; Posted December 6.

English v. Ikon Business Solutions, Inc.
No C.C.P. §473(b) mandatory relief from adverse summary judgment on grounds of attorney mistake, inadvertence, surprise, or neglect. C.A. 3rd; Posted December 5.

In re Clifton V.
Dependency court erred in refusing to hear live testimony and permit cross-examination at hearing on §388 petition to modify where declaration testimony was in conflict and credibility issues were presented. C.A. 2nd; Posted November 29.

Nam Tai Electronics, Inc. v. Titzer
Execution of membership agreement with California-based internet service did not subject out-of-state resident to California jurisdiction for purposes of third-party lawsuit. C.A. 2nd; Posted November 26.

Speiser, Krause & Madole v. Ortiz
Party which misconstrued unambiguous court rule must provide persuasive justification for error in order to avoid rule that mistake of law is not excusable neglect. 9th Cir.; Posted November 21.

Flying Dutchman Park, Inc. v. City and County of San Francisco
Parking service abandoned right to judicial relief by failing to pay disputed parking tax before filing suit. C.A. 1st; Posted November 21.

In re Jessica G.
Appointment of guardian ad litem for parent without notice or hearing violated parent's constitutional due process rights. C.A. 2nd; Posted November 21.

Padilla v. McClellan
Trial court which approved minor's settlement also had jurisdiction to allocate fees between two attorneys who represented minor. C.A. 4th; Posted November 19.

Deorle v. Rutherford
Police officer who shot unarmed suspect without warning used excessive force in violation of Fourth Amendment and was not entitled to qualified immunity despite use of nonlethal ammunition. 9th Cir.; Posted November 19.

Mizel v. City of Santa Monica
Proposed rebuttal testimony of undisclosed expert properly excluded as opinion testimony. C.A. 3rd; Posted November 16.

ComputerXpress, Inc. v. Jackson
Lawsuit based on allegedly false and disparaging statements made on Internet may be subject to anti-SLAPP motion to strike. C.A. 4th; Posted November 16.

Ritzenthaler v. Fireside Thrift Co.
Extrinsic circumstances could not be interpreted to show intent regarding attorney fees as to which written offer of compromise was silent. C.A. 3rd; Posted November 15.

TRW v. Andrews
Consumer's Fair Credit Reporting Act claims against credit reporting agency for failing to prevent identity theft were not tolled for consumer's failure to discover wrongs within two-year statutory limitations period. U.S. Sup. Ct.; Posted November 13.

Vinnick v. Delta Airlines, Inc.
Federal law regulating airlines did not pre-empt state law negligence claim arising from injuries related to storage of carry-on luggage in airplane overhead bin. C.A. 2nd; Posted November 8.

Jackson v. Homeowners Association Monte Vista Estates-East
Attorney fees may be awarded based on settlement agreement which provides for trial court to determine prevailing party and award fees. C.A. 4th; Posted November 6.

Shannon-Vail Five Inc. v. Bunch
In weighing claim of usury-law violation, under California choice of law rules, court should apply law of state of repayment as long as place of performance bears reasonable relationship to contract and to parties. 9th Cir.: Posted November 2.

Draper v. Aceto
Portion of settlement proceeds from joint employee/employer tort action against third-party tortfeasor may be distributed to employee's attorney only if employee received actual benefit from settlement. C.A. Sup. Ct.; Posted November 1.

Conservatorship of Levitt
Trial court did not abuse its discretion in considering small value of abused elders' estates when deciding whether to reduce reducing fee requests of conservator's attorney. C.A. 2nd; Posted November 1.

United Services Automobile Association v. Superior Court (Moore)
Settling parties' valuation of sliding scale settlement as being equivalent to noncontingent portion lacked supporting evidence. C.A. 2nd; Posted November 1.

Anchor Marine Repair Co. v. Magnan
Court of appeal lacked jurisdiction to hear appeal from superior court appellate division order dismissing appeal to appellate division in limited civil case. C.A. 4th; Posted November 1.

Oakland Raiders v. National Football League
Summary judgment as to some but not all defendants did not constitute piecemeal judgment; appeal was justiciable. C.A. 6th; Posted November 1.

Moore v. State Board of Control
Lack of timely notification to crime victim regarding Restitution Fund did not excuse victim's failure to file claim within three-year limitations period. C.A. 3rd; Posted October 30.

Ard v. County of Contra Costa
Plaintiff's assertion of equitable estoppel raised factual issues precluding determination on demurrer. C.A. 1st; Posted October 29.

Mid-Century Insurance Exchange v. Daimler-Chrysler Corporation
Insurer's prelitigation settlement with third-party claimant barred later bid for equitable indemnity against other tortfeasors who entered into good faith settlements with injured party after litigation commenced. C.A. 1st; Posted October 29.

Edwards v. Superior Court
Failure to allege specific factual bases of multiple causes of action in 90-notice of intent to sue medical practitioner did not bar plaintiff from bringing those claims. C.A. 2nd; Posted October 26.

D.A.R.E. America v. Rolling Stone
Appellant must argue how issue raised on appeal would have affected outcome below. 9th Cir.; Posted October 24.

Estate of Gilliland
Court of appeal may accept stipulated reversal where such holding is not contrary to public interest. C.A. 2nd; Posted October 22.

Katelaris v. County of Orange
Declaration regarding standard office procedure for processing outgoing mail established that statutorily required notice was mailed. C.A. 4th; Posted October 19.

Orion Tire Corporation v. Goodyear Tire & Rubber Company, Inc.
Where federal statute was involved in action brought by foreign claimant, district court first had to consider whether Congress intended that statute to apply to conduct occurring outside United States before it could apply choice of law analysis. 9th Cir.; Posted October 18.

Simmons v. Allstate Insurance Company
SLAPP plaintiff had no right to amend complaint to eliminate SLAPP-type allegations after defendant made prima facie showing that allegedly offending statements were protected by free speech rights. C.A. 3rd; Posted October 15.

Cuenllas v. VRL International, Ltd.
60-day period for filing appeal was not triggered where service of minute order noted date of entry of order but was not entitled "notice of entry". C.A. 2nd; Posted October 12.

Los Angeles Times Communications v. American Humane Association
Successful defendant seeking fees and costs pursuant to anti-SLAPP statute need not document amount of fees and costs concurrent with filing of special motion to strike. C.A. 2nd; Posted October 12.

Michael P. v. Superior Court
Dependency court was required to conduct in camera review of each discovery item requested by father accused of causing another child's death before ruling on applicability of conditional privilege. C.A. 4th; Posted October 12.

Nadell v. Las Vegas Metropolitan Police Department
Expert testimony regarding quantitative electroencephalogram was properly excluded based on testimony that test was error prone, inadequately subjected to peer review, and unhelpful to jury. 9th Cir.; Posted October 5.

Black v. Financial Freedom Senior Funding Corporation
State law claims arising out of allegedly false and misleading marketing of reverse mortgage were not pre-empted by federal law. C.A. 1st; Posted October 5.

Debro v. The Los Angeles Raiders
Three-year limitations period of California False Claims Act commences when official charged with responsibility to act either knows of false claim or knows of facts which would lead reasonably prudent person to suspect it. C.A. 1st; Posted October 5.

Humetrix, Inc. v. Gemplus S.C.A.
Request made before close of evidence for opportunity to renew motion for judgment as matter of law under F.R.C.P. 50(a) did not satisfy procedural requirement that motion be made with specificity at close of evidence.

Stull v. Sparrow
Last-minute admission of liability precluded award of costs and fees for party's failure to admit subsequently proven fact. C.A. 4th; Posted October 4.

Jeffers v. Gomez
Prison guard who shot and injured inmate during prison yard disturbance was qualifiedly immune from §1983 civil rights suit. 9th Cir.; Posted October 3.

Nash v. McDonald
Ten-year statute of limitations for latent defects in real property was applicable to claim alleging poorly constructed subdivision road. C.A. 1st; Posted October 3.

Thayer v. Wells Farto Bank, N.A.
Award of attorney fees to co-counsel in fifth class action filed on same issue should have been reduced by negative multiplier due to duplication. C.A. 1st; Posted October 3.

Ventura Unified School District v. Superior Court
Public entity did not waive its right to change of venue where it filed motion within 30 days of settlement that left it as only public entity in action. C.A. 2nd; Posted October 2.

DP Aviation v. Smiths Industries
Notice of issues of foreign law likely to arise in proceedings should be provided at pretrial conference. 9th Cir.; Posted September 28.

Southwest Center for Biological Diversity v. Berg
District court was required to accept as true all well-pleaded, nonconclusory allegations made in support of motion to intervene, absent sham, frivolity, or other objections. 9th Cir.; Posted September 27.

Levy v. Blum
Section 128.5 sanctions for bad faith in dispute arising from administration of trust were properly awarded 5 where probate proceeding that created the trust was initiated before December 31, 1994. C.A. 5th; Posted September 27.

Columbia Basin Apartment Association v. City of Pasco
Constitutional claim against Washington state-law ordinance could not be heard until Washington courts determine whether state law provides requisite authorization for state's courts to enforce that ordinance. 9th Cir.; Posted September 26.

Andre v. City of West Sacramento
Fee award in inverse condemnation case may not exceed amount of actual fees incurred. C.A. 3rd; Posted September 26.

Leisnoi, Inc. v. United States
Jurisdictional requirement under federal statute that there be disputed title to real property between interests of plaintiff and U.S. was met where third party asserted interest of U.S. adverse to plaintiff's title, thereby clouding plaintiff's title. 9th Cir.; Posted September 24.

Castillo v. City of Los Angeles
Terminated employee was precluded from suing for wrongful discharge following administrative determination that termination of employee was appropriate. C.A. 2nd; Posted September 24.

Laborde v. Aronson
Sanctions were properly awarded against both plaintiff and plaintiff's attorney for frivolous tort suit brought against expert witness in divorce case. C.A. 4th; Posted September 24.

Reed v. Superior Court (Case Financial, Inc.)
Perfecting of appeal from order denying motion to disqualify opposing counsel did not automatically stay trial court proceedings. C.A. 2nd; Posted September 21.

Sanabria v. Embrey
Pendency of cross-complaint did not preclude voluntary dismissal of original complaint so as to trigger 15-day and 60-day time limits for seeking costs and fees. C.A. 2nd; Posted September 21.

Acree v. General Motors Acceptance Corp.
Plaintiffs in class action were "prevailing party" for award of attorney's fees under Civ. Code §1717 despite fact that only some 14,000 of all 116,000 class members were awarded damages. C.A. 3rd; Posted September 20.

Barmas Inc. v. Superior Court (Galasso)
Trial court had discretion to order partial retrial before new jury limited to issues of malice and, if necessary, punitive damages. C.A. 2nd; Posted September 19.

Price v. Dames & Moore
Trial court had discretion to order partial retrial before new jury limited to issues of malice and, if necessary, punitive damages. C.A. 2nd; Posted September 19.

Jinro America Inc. v. Secure Investments
Use of expert testimony characterizing Korean businesses as generally corrupt in order to prove that transaction with particular Korean business was a sham was unfairly prejudicial. 9th Cir.; Posted September 14.

Keyser v. Sacramanto City Unified School District
Public school district superintendent did not have qualified immunity from suit for allegedly retaliating against subordinates who accused him of unlawful use of federal moneys. 9th Cir.; Posted September 13.

Kanter v. Warner-Lambert Co.
Class action defendant could not aggregate amounts of plaintiffs' separate and distinct claims in order to meet amount-in-controversy requirement under federal removal statute. 9th Cir.; Posted September 10.

In re Ford Motor Company/Citibank (South Dakota), N.A.
Punitive damages asserted on behalf of putative class may not be aggregated for jurisdictional purposes when underlying cause of action asserted on behalf of class is not based upon title or right in which the plaintiffs share, and as to which they claim, common interest. 9th Cir.; Posted September 6.

Moran v. Oso Valley Greenbelt Association
Denial of attorney fees without explanation was abuse of discretion after trial court found development association acted wrongfully in denying member access to minutes. C.A. 4th; Posted September 6.

US Ecology, Inc. v. State
State licensee for development of low level radioactive waste storage facility stated cause of action for promissory estoppel against state for failing to acquire site from federal government. C.A. 4th; Posted September 6.

Montclair Parkowners Association v. City of Montclair
Dismissal under Younger abstention doctrine not appropriate where plaintiff challenged municipal ordinance based on claimed violations of both federal and state law by initiating parallel litigation in both federal and state court. 9th Cir.; Posted September 5.

United States v. Real Property Located at 22 Santa Barbara Drive
Excessive Fines Clause of Eighth Amendment does not apply to forfeiture of drug proceeds. 9th Cir.; Posted September 5.

Deorle v. Ruthford
Police officer who deliberately and without warning fired non-lethal "beanbag" round at unarmed individual at close range was not qualifiedly immune from §1983 claim for use of excessive force. 9th Cir.; Posted August 31.

Labor/Community Strategy Center v. Los Angeles County Metropolitan Authority
Federalism concerns did not preclude federal court from enforcing consent decree between the Los Angeles County Metropolitan Transportation Authority and bus passengers in settlement of civil rights lawsuit. 9th Cir.; Posted August 31.

Smith v. Lenches
Defendant's asserted loss of procedural protections under Private Securities Litigation Reform Act did not constitute plain legal prejudice. 9th Cir.; Posted August 30.

County of Los Angeles v. Superior Court (Crystal B.)
Dependent minors' tort claim against government entity accrues when juvenile court appoints guardian ad litem or terminates dependency. C.A. 2nd; Posted August 30.

Gamet v. Blanchard
Dismissal of pro per plaintiff's case resulted in manifest miscarriage of justice; trial court abused its discretion in refusing to vacate judgment. C.A. 4th; Posted August 30.

Ahmed v. State of Washington
District court's jurisdiction to hear claim filed while state court judgment on plaintiff's inextricably intertwined claim was pending ceased as soon as state court entered judgment on that claim. 9th Cir.; Posted August 28.

Danjaq LLC v. Sony Corporation
Copyright infringement claim was barred by laches where claimant waited many years before filing after learning of infringment and delay caused evidentiary and economic prejudice to defendant. 9th Cir.; Posted August 27.

Navellier v. Sletten
Special master abused discretion by imposing sanctions without prior notice to party of intent to impose sanctions. 9th Cir.; Posted August 27.

Patelco Credit Union v. Sahni
As alternative to stepping into shoes of unavailable judge, successor judge can treat trial transcripts as supporting affidavits for summary judgment purposes, granting summary judgment if no credibility determinations are required. 9th Cir.; Posted August 27.

S.M. v. J.K.
Evidence of sexual assault victim's prior consensual sex activity properly excluded as sanction for defendant's failure to file federal rape shield law motion under seal. 9th Cir.; Posted August 27.

Kravitz v. Superior Court
Attorney proceeding pro se may not recover attorney fees as sanction for discovery abuse. C.A. 2nd; Posted August 24.

Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort
Trial court erred in taking judicial notice of finding of fact by appellate court that was not result of adversary proceeding or supported by substantial evidence. C.A. 2nd; Posted August 22.

Gibson v. Chrysler Corporation
Claims of unnamed class members satisfying amount-in-controversy jurisdiction requirement did not serve to meet jurisdiction requirement where claims of named class members did not satisfy amount-in-controvery requirement. 9th Cir.; Posted August 20.

McLachlan v. Bell
State court suit against federal employees for malicious and careless acts in workplace was properly transferred to federal court after U.S. Attorney certified their acts were within scope of their employment based on state law. 9th Cir.; Posted August 20.

Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc.
Federal statute governing intrastate transportation of property by motor carriers affiliated with aviation carriers does not pre-empt state and local authority over collection, transportation, and disposal of construction and demolition waste. C.A. 1st; Posted August 15.

Account Management Associates v. Sanglimsuwan
Stipulation for judgment not enforceable where document was signed by attorney but not by party. C.A. 2nd; Posted August 15.

Arnold v. The Dow Chemical Company
Federal pesticide statute does not pre-empt state common law causes of action for strict liability and breach of implied warranties of fitness and merchantability where state law claims were not based on failure-to-warn theory. C.A. 2nd; Posted August 15.

Leetsch v. Freedman
District court was not required to make forum non conveniencs dismissal subject to conditions retaining jurisdiction and providing for return jurisdiction over defendants absent indication that defendants would evade or obstruct action in alternative forum. 9th Cir.; Posted August 13.

Seven Words LLC v. Network Solutions
Request for damages stated for first time in appeal was moot where party did not request damages in its complaint, seeking only injunctive and declaratory relief. 9th Cir.; Posted August 13.

Flannery v. Prentice
Attorney fees awarded in civil action under Fair Employment and Housing Act for employment discrimination belong to attorney, not client, absent proof of enforceable agreement to the contrary. Cal.Sup.Ct.; Posted August 13.

Sea Coast Foods, Inc. v. Lu-Mar Lobster and Shrimp, Inc.
Party's acceptance of offer under cost provision of Federal Rules of Civil Procedure did not establish right to attorneys fees. 9th Cir.; Posted August 10.

Edlund v. Massanri
Administrative law judge erred in rejecting uncontradicted opinion of examining psychologist in determining whether social security disability claimant had demonstrated severe mental impairment. 9th Cir.; Posted August 9.

Lee v. American National Insurance Company
Federal diversity jurisdiction survived after district court determined it lacked subject matter jurisdiction over some claims. 9th Cir.; Posted August 8.

Knox v. Davis
Party seeking relief for civil rights violation occurring outside state limitations period had to show that multiple discriminatory acts were so closely related as to constitute continuing violation and that at least one act fell within limitations period. 9th Cir.; Posted August 8.

Pavlovich v. Superior Court (DVD Copy Control Association, Inc.)
Long-arm statute reached to non-California resident who repeatedly posted to Internet trade secrets affecting California businesses. C.A. 6th; Posted August 7.

Bennett v. Yoshina
Party was not entitled to prevailing party attorney's fees where party obtained relief it sought only as result of voluntary change in defendant's conduct. 9th Cir.; Posted August 7.

Fireman's Fund Insurance Company v. Stites
Private plaintiffs seeking to recover losses under RICO civil lawsuit provisions may take advantage of offensive non-mutual collateral estoppel in asserting their case against defendant convicted of criminal RICO violations. 9th Cir.; Posted August 3.

Securities and Exchange Commission v. Coldicutt
More than extended period of compliance with permanent injunction is required for equitable relief from injunction based on significant change either in factual conditions or in law. 9th Cir.; Posted August 2.

Moreno v. Grennwood Auto Center
Prejudgment interest can be recovered in conversion action on damages assessed for loss of use of vehicle. C.A. 2nd; Posted August 1.

Wershba v. Apple Computer, Inc.
Class representatives need not have suffered all damages incurred by every member of class. C.A. 6th; Posted August 1.

Baltayan v. Estate of Getemyan
Trial court abused its discretion in refusing to vacate order requiring out-of-state plaintiff to post security bond or to reduce bond amount after plaintiff had been granted in forma pauperis status. C.A. 2nd; Posted July 31.

Panico v. Truck Insurance Exchange
Adjudication by trial judge from bench based on offers of proof is equivalent to nonsuit after opening statement requiring evidence to be resolved against judgment. C.A. 4th; Posted July 26.

Environmental Protection Information Center, Inc. v. Pacific Lumber Company
Party who received favorable judgment had standing to request vacatur of adverse opinion issued after matter was mooted. 9th Cir.; Posted July 24.

The Housing Group v. United National Insurance Company
Parties using private dispute resolution to obtain settlement of their dispute may not invoke trial court's jurisdiction to enforce settlement in absence of justiciable controversy before trial court. C.A. 1st; Posted July 24.

Zamora v. Clayborn Contracting Group, Inc.
Judgment entered pursuant to §998 offer to compromise may be vacated on grounds of mistake or inadvertence. C.A. 5th; Posted July 23.

EOTT Energy Operating Limited Partnership v. Winterthur Swiss Insurance Company
Company that was owned by holding company controlled by foreign state was not "majority-owned" instrumentality of foreign state for purposes of Federal Sovereign Immunities Act. 9th Cir.; Posted July 20.

Fairchild v. Park
Expert witness fees were not recoverable by prevailing party as "costs" under Civil Code §1717. C.A. 2nd; Posted July 20.

City of Cotati v. Cashman
State court action filed in response to federal action was not SLAPP suit. C.A. 1st; Posted July 17.

Deauville Restaurant, Inc. v. Superior Court (Taylor)
Party filing renewed application for writ of attachment was entitled to institute §170.6 peremptory challenge when same judge was assigned to hear renewed motion. C.A. 2nd; Posted July 17.

Porter v. United States Automobile Association
Order denying arbitration in California but "advising" arbitration in sister state is appealable. C.A. 2nd; Posted July 17.

State Farm Fire and Casualty Company v. Pietak
Counsel's misinterpretation of statute pertaining to filing of cross-complaint in interpleader action was excusable mistake warranting relief from dismissal. C.A. 3rd; Posted July 12.

Musser v. Provencher
Attorney sued for malpractice based on misconduct of retained co-counsel can pursue indemnity action against co-counsel. C.A. 1st; Posted July 11.

Forrester v. American Dieselelectric, Inc.
Federal Locomotive Inspection Act pre-empted state product liability claim by employee of railroad noncommon carrier. 9th Cir.; Posted July 10.

Green v. City of Tucson
Abstention doctrine was not implicated merely because federal plaintiff could intervene in parallel lawsuit in state court. 9th Cir.; Posted July 9.

Foxgate Homeowners' Association, Inc. v. Bramalea California, Inc.
Court-ordered mediator was barred from reporting party's sanctionable conduct to trial court. Cal.Sup.Ct.; Posted July 9.

Ferrell v. County of San Diego
Prevailing plaintiff in inverse condemnation action was not entitled to broad award of costs in excess of costs ordinarily awardable under Code Civ. Proc. 1033.5. C.A. 4th; Posted July 9.

Grant v. Superior Court of Santa Clara
Section 170.6 challenge not permissible where no trial or hearing involving contested issue was pending and judge did not have "all purpose" assignment. C. A. 6th ; Posted July 6.

Barnett v. Penske Truck Leasing
Following summary judgment prevailing party was entitled to monetary sanctions for opposing party's failure to admit facts in request for admissions. C. A. 2nd; Posted July 5.

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