36 Cited authorities

  1. In re Rosenkrantz

    29 Cal.4th 616 (Cal. 2002)   Cited 1,196 times
    Holding that Governor's reversal of parole grant is subject to state judicial review
  2. Hess v. Ford Motor Company

    27 Cal.4th 516 (Cal. 2002)   Cited 282 times   1 Legal Analyses
    Holding that the doctrine of mistake cannot be used to create a new contract between the parties
  3. Johnson v. Manhattan Ry. Co.

    289 U.S. 479 (1933)   Cited 520 times   1 Legal Analyses
    Holding that an assigned judge need not abide by an "invalid" rule purporting to interfere "with the discharge" of assigned judicial duties
  4. Morohoshi v. Pacific Home

    34 Cal.4th 482 (Cal. 2004)   Cited 159 times   1 Legal Analyses
    Finding that although regional centers possessed many statutory and non-delegable duties to coordinate, monitor, implement and secure (though not provide) treatment services for the developmentally disabled by contracting with care facilities, the regional center's “monitoring responsibilities” were limited and did not require “the hour-by-hour monitoring that would have been required to prevent [the decedent's] tragic death.” The court noted that regional centers “could not possibly provide [such] continuous monitoring” and that the state legislature did not contemplate such a duty.
  5. Pereira v. County of Santa Clara

    113 Cal.App.4th 549 (Cal. Ct. App. 2003)   Cited 161 times
    Holding that a principal cannot be held liable for an actual agent who acts beyond the scope of his actual or ostensible authority
  6. California Medical Assn. v. Aetna U.S. Healthcare of California, Inc.

    94 Cal.App.4th 151 (Cal. Ct. App. 2001)   Cited 155 times   3 Legal Analyses
    Holding "action for unjust enrichment does not lie where . . . express binding agreements exist and define the parties' rights"; characterizing claim based on unjust enrichment as "quasi-contract" claim
  7. Prouty v. Gores Tech. Group

    121 Cal.App.4th 1225 (Cal. Ct. App. 2004)   Cited 117 times
    Finding that where two companies included a specific provision granting rights to one company's employees that “expressly benefit[ted] them, and only them,” this specific provision was an exception to the contract's general no-third-party beneficiaries provision
  8. Phelps v. Stostad

    16 Cal.4th 23 (Cal. 1997)   Cited 97 times
    Referring to compensation for any non-economic injuries
  9. Johnson v. Superior Court of Los Angeles Co.

    80 Cal.App.4th 1050 (Cal. Ct. App. 2000)   Cited 82 times   2 Legal Analyses
    Holding that a physician-patient privilege did not exist where a sperm donor visited sperm bank in order only to sell his sperm and not for diagnosis or treatment of any physical or mental ailment
  10. Expedia v. City of Columbus

    285 Ga. 684 (Ga. 2009)   Cited 40 times
    Holding that tax collection obligations imposed on Expedia were constitutional because it had agreed to make the collections pursuant to contracts with the hotels
  11. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,296 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities
  12. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,203 times   23 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
  13. Section 1559 - Enforcement of contract made for benefit of third party

    Cal. Civ. Code § 1559   Cited 596 times
    Allowing enforcement a contract “made expressly for the benefit of a third person”
  14. Section 404 - Petition for coordination when actions sharing common question pending in different courts

    Cal. Code Civ. Proc. § 404   Cited 109 times   5 Legal Analyses
    Authorizing coordination
  15. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,834 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  16. Rule 8.46 - Sealed records

    Cal. R. 8.46   Cited 301 times

    (a)Application This rule applies to sealed records and records proposed to be sealed on appeal and in original proceedings, but does not apply to confidential records. (Subd (a) amended effective January 1, 2014; previously amended effective January 1, 2006, and January 1, 2007.) (b)Record sealed by the trial court If a record sealed by order of the trial court is part of the record on appeal or the supporting documents or other records accompanying a motion, petition for a writ of habeas corpus

  17. Rule 3.350 - Consolidation of cases

    Cal. R. 3.350   Cited 12 times

    (a) Requirements of motion (1) A notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated. (2) The motion to consolidate: (A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums

  18. Rule 3.500 - Transfer and consolidation of noncomplex common-issue actions filed in different courts

    Cal. R. 3.500   Cited 8 times

    (a) Application This rule applies when a motion under Code of Civil Procedure section 403 is filed requesting transfer and consolidation of noncomplex cases involving a common issue of fact or law filed in different courts. (b) Preliminary step A party that intends to file a motion under Code of Civil Procedure section 403 must first make a good-faith effort to obtain agreement of all parties to each case to the proposed transfer and consolidation. (c) Motion and hearing A motion to transfer an action

  19. Rule 3.541 - Duties of the coordination trial judge

    Cal. R. 3.541   Cited 7 times

    (a) Initial case management conference The coordination trial judge must hold a case management conference within 45 days after issuance of the assignment order. Counsel and all self-represented persons must attend the conference and be prepared to discuss all matters specified in the order setting the conference. At any time following the assignment of the coordination trial judge, a party may serve and submit a proposed agenda for the conference and a proposed form of order covering such matters

  20. Rule 3.501 - Definitions

    Cal. R. 3.501   Cited 6 times

    As used in this chapter, unless the context or subject matter otherwise requires: (1) "Action" means any civil action or proceeding that is subject to coordination or that affects an action subject to coordination. (2) "Add-on case" means an action that is proposed for coordination, under Code of Civil Procedure section 404.4, with actions previously ordered coordinated. (3) "Assigned judge" means any judge assigned by the Chair of the Judicial Council or by a presiding judge authorized by the Chair

  21. Rule 3.513 - Service of memorandums and declarations

    Cal. R. 3.513   Cited 1 times

    Unless otherwise provided in the rules in this chapter or directed by the assigned judge, all memorandums and declarations in support of or opposition to any petition, motion, or application must be served and submitted at least nine court days before any hearing on the matter at issue. Cal. R. Ct. 3.513 Rule 3.513 amended and renumbered effective 1/1/2007; adopted as rule 1512 effective 1/1/1974; previously amended effective 1/1/2005.

  22. Rule 3.514 - Evidence presented at court hearings

    Cal. R. 3.514

    All factual matters to be heard on any petition for coordination, or on any other petition, motion, or application under the rules in this chapter, must be initially presented and heard on declarations, answers to interrogatories or requests for admissions, depositions, or matters judicially noticed. Oral testimony will not be permitted at a hearing except as the assigned judge may permit to resolve factual issues shown by the declarations, responses to discovery, or matters judicially noticed to

  23. Rule 3.506 - Liaison counsel

    Cal. R. 3.506

    (a) Selection and appointment An assigned judge may at any time request that the parties on each side of the included or coordinated actions select one or more of the attorneys of record on that side for appointment as liaison counsel, and may appoint liaison counsel if the parties are unable to agree. (b) Duration of appointment by coordination motion judge Unless otherwise stipulated to or directed by an assigned judge, the appointment of a liaison counsel by a coordination motion judge terminates

  24. Rule 3.531 - Potential add-on case

    Cal. R. 3.531

    (a) Notice Any part to an included action in a pending petition for coordination must promptly provide notice of any potential add-on cases in which that party is also named or in which that party's attorney has appeared. The party must submit notice to the coordination motion judge and the Chair of the Judicial Council and serve it on each party appearing in the included actions in the pending petition and each party appearing in the potential add-on cases. (b) Stipulation or order By stipulation