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Name Category Published
People v. Pitto
Arming enhancement under Penal Code Section 12022 is proper where gun is found near drugs inside defendant's vehicle. 		Criminal Law and Procedure Apr. 8, 2008
Molski v. Evergreen Dynasty Corp.
Order 		Apr. 8, 2008
Great Western Drywall Inc. v. Interstate Fire & Casualty Co.
Trial court correctly determined that insurer owed insured no defense or indemnification in underlying action. 		Insurance Apr. 8, 2008
Fogel v. Farmers Group, Inc.
Attorney-in-fact is not immune from lawsuit brought by insurance policyholders seeking to recover alleged excessive fees. 		Insurance Apr. 8, 2008
People v. Woods
Where defendant was convicted of being accessory after fact, not murder, he need not pay restitution to victim's family. 		Criminal Law and Procedure Apr. 8, 2008
Brewer v. Murphy
California law recognizes prescriptive rights in surface water between parties, and thus Water Code is not exclusive way to obtain water rights. 		Real Property Apr. 7, 2008
Employers Reinsurance Co. v. Superior Court (Thorpe Insulation Co.)
Course of performance evidence is admissible in interpretation of insurance contract only when performance is pursuant to contract, not subsequent settlement agreement. 		Insurance Apr. 7, 2008
Lyons v. Fire Insurance Exchange
Insurer has no duty to defend where insured's alleged sexual advances, at heart of underlying claim, cannot be deemed 'accident.' 		Insurance Apr. 7, 2008
Dominguez v. American Suzuki Motor Corp.
Aggrieved consumer is not entitled to attorney fees when manufacturer repurchases product from consumer in compliance with Song Beverly Consumer Warranty Act. 		Business Law Apr. 7, 2008
Weber v. Dept. of Veterans Affairs
Where Veterans Medical Center is federal agency, plaintiff wanting to sue for back pay must show specific authorization waving sovereign immunity. 		Employment Law Apr. 7, 2008
U.S. v. Stringer
In parallel criminal proceeding, government may use evidence SEC received in course of civil investigation without violating due process. 		Securities Apr. 7, 2008
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure. 		Torts Apr. 7, 2008
Diaz v. Eagle Produce Limited Partnership
Defendant did not provide facially legitimate explanation for terminating plaintiff under ADEA. 		Employment Law Apr. 7, 2008
Vincent M., a Minor
Where biological father cannot establish 'presumed' father status before reunification period ends, he must show child would benefit from reunification services. 		Family Law Apr. 7, 2008
Prince v. Sutter Health Central
Unlicensed social worker, registered with Board of Behavioral Sciences, is 'health care provider' under Medical Injury Compensation Reform Act of 1975. 		Torts Apr. 7, 2008
Keener v. Jeld-Wen Inc.
Where juror changes his vote, his prior vote no longer counts because he can dissent from verdict up until last moment. 		Torts Apr. 4, 2008
Johnson v. American Standard Inc.
Sophisticated user defense defeats all causes of action for defendant manufacturer's alleged failure to warn. 		Torts Apr. 4, 2008
People v. Rundle
Death sentence is affirmed where defendant fails to show court is unable to proceed with meaningful appellate review of jury instructions. 		Criminal Law and Procedure Apr. 4, 2008
Garza v. Asbestos Corp. Ltd.
'Arena v. Owens-Corning Fiberglass Corp.' properly held that strict liability can apply to suppliers of defective raw materials, such as asbestos. 		Torts Apr. 4, 2008
Dept. of the Treasury - IRS v. Federal Labor Relations Authority
Because Fair Labor Standards Act governs overtime, Act's remedies provision determines whether United States waived sovereign immunity in case regarding overtime compensation. 		Labor Law Apr. 4, 2008
Fair Housing Council of San Fernando Valley v. Roommates.com LLC
Website matching roommates based on discriminatory criteria prohibited by Fair Housing Act is not immune from liability under Communications Decency Act. 		Administrative Agencies Apr. 4, 2008
Capitol Racing v. California Horse Racing Board (Los Alamitos Quarter Horse Racing Association)
Judgment is reversed where petition brought by plaintiff is time-barred under Business and Professions Code Section 19463. 		Civil Procedure Apr. 4, 2008
Garibay v. Hemmat
Motion for summary judgment must rely on admissible facts, otherwise expert witness’ declaration that is unsupported by admissible evidence lacks evidentiary value. 		Civil Procedure Apr. 3, 2008
People v. Szadziewicz
Victim’s testimony that defendant repeatedly slashed his face while holding him down provided substantial evidence supporting aggravated mayhem conviction. 		Criminal Law and Procedure Apr. 3, 2008
Tosi v. County of Fresno
Ordinances are correctly preempted because they duplicate, contradict, and concern area fully occupied by state law. 		Government Apr. 3, 2008
Marriage of Montgomery
Husband should pay wife her remaining share of proceeds from sale of family residence pursuant to terms of marital settlement agreement. 		Family Law Apr. 3, 2008
California Consumer Health Care Council Inc. v. California Dept. of Managed Health Care
Department's independent medical review process does not violate due process because enrollees are given chance to state their claims and receive records. 		Administrative Agencies Apr. 3, 2008
Aviel v. Ng
Trustee sale under deed of trust extinguishes commercial lease made subject to future mortgages in subordination clause. 		Real Property Apr. 3, 2008
Metters v. Ralphs Grocery Co.
Arbitration clause is not binding where person who signs form containing clause is unaware it is contract for binding arbitration. 		Civil Procedure Apr. 3, 2008
People v. Martinez
Conviction for forging victim's signature is vacated where defendant's falsification of two signatures on single deed constituted only one count of forgery. 		Criminal Law and Procedure Apr. 3, 2008
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