Plaintiff George Kibler is a physician affiliated with Northern Inyo County Hospital. Throughout 2001, a troubled relationship existed between him, the hospital, and defendants. Kibler was critical of the hospital and its nursing staff. The hospital accused Kibler of acting violently and aggressively toward hospital employees, including making threats with a gun.

On December 20, 200

Defendant-Appellant Melvin Willard appeals a judgment in favor of Plaintiff-Appellee Administrative Committee of the Wal-Mart Associates Health and Welfare Plan ("Plan Administrators"). The district court held that the relief sought by the Plan Administrators constituted "appropriate equitable relief" under § 502(a)(3) of

Plaintiff in this personal injury action appeals after a jury verdict in her favor awarding economic damages of $5,491.22 and noneconomic damages of $1,500.00. Plaintiff argues, among other things, that the trial court erred in compelling a medical examination pursuant to ORCP 44 and in awarding only costs originating prior to defendant's offer of judgment. We affirm.

Plaintiff was i

Plaintiff and appellant Nasha L.L.C. (Nasha) appeals a judgment denying its petition for writ of mandate (Code Civ. Proc., § 1094.5),1 wherein Nasha sought to overturn an adverse decision by the South Valley Area Planning Commission (Planning Commission).2

The essential issue presented is whether the Planning Commission's decision should be set aside due to an unacceptable probability

Portland police stopped petitioner Yancy for jaywalking. In the course of that contact, the police searched petitioner and discovered less than an ounce of marijuana. The police then issued petitioner a citation that excluded him from two Portland city parks for a period of 30 days. Petitioner timely appealed to the City of Portland Hearings Officer, which affirmed the exclusion. After the excl

Uniwill L.P. appeals the dismissal of its lawsuit for inverse condemnation after the successful demurrer of defendant City of Los Angeles (the "City") and the subsequent judgment on the pleadings entered in favor of Southern California Edison Company ("Edison"). The trial court ruled that Uniwill's complaint was a challenge to the conditions of a Tract Map which, pursuant to Government Code

At an evidentiary hearing before a judicial panel, plaintiff Abe Gupta was found to have violated the Honor Code at Stanford University by copying the work of two other students. Gupta was suspended, placed on probation and ordered to complete community service. An appeals panel affirmed the judicial panel's decision. Gupta brought a civil complaint for damages against Stanford University

This is an appeal from judgment entered after the trial court sustained respondents' demurrer to appellants' complaint; the court denied appellants leave to amend. The case involves the duty to provide mental health services to handicapped students; the appeal involves somewhat novel questions of exhaustion of administrative remedies in the context of disputes between governmental agencies.

Robert O. Zimmerman, M.D., has filed a petition for writ of mandamus in which he asks us to order the trial court to vacate its February 20, 2004, ruling in which it reconsidered its previous order and granted plaintiffs an extension of time to file an amended expert report. The issue is the adequacy of the medical expert's report pursuant to former Article 4590i. Tex. Rev. Civ. Stat. Ann. art.

This election case arises out of the attempts by appellant Linda Boyd to qualify as a candidate for Garland County Clerk in the Republican preferential primary held earlier this year. The trial court determined that Boyd failed to file her party certificate and political practices pledge with the county clerk prior to the 12:00 noon filing deadline; therefore, the court denied Boyd's petition for

Plaintiffs Lidia Sneed and Cheryl Bell appeal a judgment in favor of defendants California Department of Social Services and its Director Rita Saenz (together Department) after the court denied Sneed and Bell's petitions for ordinary and administrative mandamus and request for declaratory relief. In those proceedings, Sneed and Bell challenged Department's interpretation and implementatio

This is an original action in mandamus and prohibition by which relator seeks to compel respondent Judge Timothy Perigo to retract his order assigning the case of Yerington v. La-Z-Boy, Inc., Case No. CV300-996CC, Circuit Court of Newton County, Missouri, and to direct respondent Judge John LePage from taking any action in that case. A preliminary order in mandamus and prohibition was entered.

Defendant and appellant Pasadena Unified School District, a California public school district (the District), appeals a judgment granting a petition for writ of mandate filed by plaintiffs and respondents Paul G. Marshall, Jr. (Marshall) and PW Construction, Inc. (PW) (collectively, petitioners).

The District awarded a construction contract pursuant to an emergency resolution which en

1 The issue in the present cause is whether the trial court abused its discretion in determining that its order requiring Husband to pay the fees and costs of the special master and the order awarding a judicial lien to special master to secure such payment, were intended to provide support for the wife and thus, non-dischargeable in bankruptcy. We hold that the trial court did not abuse its di

Does a circuit court judge have the authority to sua sponte dismiss a complaint for mandamus before summons is issued to the defendant?

This question has been answered differently by two districts of this court, but is a matter of first impression in the First District. The Fourth District answered affirmatively, finding trial courts have the "inherent authority" to protect their dockets

The request of the Attorney General for a writ of mandamus against the Secretary of State is denied at this time, without prejudice. The Secretary of State has a duty to take all necessary actions to properly submit Senate Joint Resolution 29 to the voters of Missouri at the August 3, 2004, election.

This matter arises out a continuing fight over the ownership and control of The Salt Lake Tribune. See Salt Lake Tribune Publ'g Co. v. AT & T Corp., 320 F.3d 1081, 1084-85 (10th Cir. 2003). In response to Petitioners' requests, the presiding judge, United States District Judge Ted Stewart, made various disclosures and repeatedly declined to recuse. Petitioners now seek a writ of mandamus to com

Section 510 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA), proscribes interference with a participant's rights under a qualified benefit plan. Section 502(a)(3) of ERISA provides the plan participant with his exclusive remedies for a § 510 violation. Under § 502(a)(3), the participant may bring a civil action to (1) enjoin any act or practice which viola

The Save Our Springs Alliance, a non-profit, public-interest organization, and the Circle C Neighborhood Association brought suit in district court in Travis County to prevent development in the Barton Springs Zone in Austin, alleging that the City of Austin was granting development permits in violation of a city ordinance. The City of Austin, the Circle C Land Corporation, and Stratus Properti

Appellant Yolanda Flores contends that the trial court lacked jurisdiction to dismiss appellee Mark Sandoval's claims without prejudice, pursuant to a non-suit. We conclude that the trial court had jurisdiction and therefore affirm.

Facts

In August 2001, Sandoval asserted a claim for attorney's fees through a petition in intervention in a pending lawsuit.

In this consolidated appeal, defendant Randtron, a dissolved corporation, appeals from the summary judgment and mandatory injunction issued in favor of plaintiff, the "People of the State of California." However, since the City has no authority to act in the name of the People, we shall refer to plaintiff as the City of Lodi (hereafter the City).1

The injunction requires Randtron to

By interlocutory appeal and petition for writ of mandamus, appellants, AutoNation USA Corp., AutoNation, USA, AutoNation, Inc., AutoNation, Inc. f/k/a Mercedes Benz of Houston–Greenway, and Houston Auto Imports Greenway, Ltd. d/b/a Mercedes Benz of Houston–Greenway (the AutoNation parties), challenge the trial court's order denying the AutoNation parties' second motion to compel arbitration. We

1 The substantive issue in this proceeding involves whether the Commissioner of the State Insurance Fund1 was required to provide workers' compensation insurance to a company who competes with the Fund in providing workers' compensation insurance. Plaintiffs, three insurance entities with common ownership, Chandler (U.S.A.), National American Insurance Company, and Lagere & Walkingstick Insuran

The defendant, Westport Precision, Inc., appeals from the judgment of the trial court ordering the issuance of a writ of mandamus to the plaintiff, Michael G. Pagett, pursuant to General Statutes § 33- 946 (b) and (c). The order required the defendant to allow the plaintiff, a minority shareholder who was a former employee currently engaged in litigation against the defendant, to inspect

At issue in this appeal is the constitutionality of section 11-501.8 of the Illinois Vehicle Code (625 ILCS 5/11-501.8 (West 2000)), commonly referred to as the "zero tolerance law." Generally, the zero tolerance law provides that any driver under the age of 21 who tests positive for the presence of alcohol or refuses testing upon a police officer's proper request is subject to summary suspensi