13 Cited authorities

  1. Santisas v. Goodin

    17 Cal.4th 599 (Cal. 1998)   Cited 683 times   6 Legal Analyses
    Holding that attorney's fees can be awarded only if provided by contract or authorized by statute
  2. People v. Knoller

    41 Cal.4th 139 (Cal. 2007)   Cited 359 times   1 Legal Analyses
    Discussing elements of implied malice second-degree murder
  3. Le Francois v. Goel

    35 Cal.4th 1094 (Cal. 2005)   Cited 239 times
    In Le Francois v. Goel (2005) 35 Cal.4th 1094, 1096–1097, 29 Cal.Rptr.3d 249, 112 P.3d 636 (Le Francois), we held the statute “do[es] not limit a court's ability to reconsider its previous interim orders on its own motion,” even while it “prohibit[s] a party from making renewed motions not based on new facts or law....” We construed section 1008 in this manner to avoid serious doubts about its validity under the California Constitution's separation of powers clause.
  4. Barquis v. Merchants Collection Assn

    7 Cal.3d 94 (Cal. 1972)   Cited 392 times   2 Legal Analyses
    Holding that a complaint knowingly filed in an inconvenient venue is actionable process
  5. Kurwa v. Kislinger

    57 Cal.4th 1097 (Cal. 2013)   Cited 86 times   2 Legal Analyses
    In Kurwa, our Supreme Court agreed, observing that a dismissal without prejudice unaccompanied by a stipulation to waive the statute is, in fact, sufficiently final.
  6. Gomes v. County of Mendocino

    37 Cal.App.4th 977 (Cal. Ct. App. 1995)   Cited 55 times
    Concluding that a statute covering "a person, firm, corporation, partnership or association" included federal government
  7. Don Jose's Rest., Inc. v. Truck Ins. Exch.

    53 Cal.App.4th 115 (Cal. Ct. App. 1997)   Cited 37 times   1 Legal Analyses
    In Don Jose's, the trial court granted the defendants' motion for summary adjudication on only two of the plaintiffs' 11 causes of action, and the parties then stipulated that pending plaintiffs' appeal from the order, the remaining counts would be dismissed without prejudice and the defendants would waive all applicable statutes of limitations.
  8. Vedanta Society v. California Quartet

    84 Cal.App.4th 517 (Cal. Ct. App. 2000)   Cited 31 times   1 Legal Analyses
    In Vedanta, the court reversed after it found that a tie vote during an appeal to the board of supervisors, which left the decision of the planning commission in that case intact by default, did not amount to the required consideration by the board.
  9. Hill v. City of Clovis

    63 Cal.App.4th 434 (Cal. Ct. App. 1998)   Cited 20 times   1 Legal Analyses
    In Hill v. City of Clovis (1998) 63 Cal.App.4th 434, 73 Cal.Rptr.2d 638, after the superior court decided for the defense on certain causes of action, the parties stipulated that two causes of action in a cross-complaint were to be “ ‘[d]ismissed without prejudice and the statute of limitations is tolled until 30 days after remittitur to the Superior Court.’ ” (Id. at p. 442, 73 Cal.Rptr.2d 638.)
  10. Four Pt. Entertainment v. New World Entertainment

    60 Cal.App.4th 79 (Cal. Ct. App. 1997)   Cited 17 times
    In Four Point, the trial court summarily adjudicated some, but not all, of the plaintiff's claims in favor of the defendant.
  11. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 5,849 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

  12. Rule 8.104 - Time to appeal

    Cal. R. 8.104   Cited 1,082 times

    (a)Normal time (1) Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of: (A) 60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served; (B) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of