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Name Category Published
S.J. v. Issaquah School District No. 411
Federal court borrowing state's time period for filing suit brought under federal law should not also borrow state's time limits for serving complaint. 		Civil Procedure Dec. 15, 2006
Stop Loss Insurance Brokers Inc. v. Brown & Toland Medical Group
Negligent omission to perform contractual obligation, that is not omission of legal duty as well, will not support claim for equitable indemnity. 		Torts Dec. 15, 2006
People v. Laiwala
Absence of evidence that computer program was trade secret negated element of crime and established accused's factual innocence. 		Intellectual Property Dec. 15, 2006
Donner Management Co. v. Schaffer
Order 		Dec. 14, 2006
Raley v. Ylst
Reversal of death sentence is not required where jury did not consider constitutionally forbidden topics during sentencing. 		Criminal Law and Procedure Dec. 14, 2006
Jaime P., a Minor
Juvenile's probationary search condition did not justify otherwise illegal search and seizure where officer was unaware of probationary status or condition. 		Juveniles Dec. 14, 2006
In re Lopez
Amendments to Bankruptcy Abuse Prevention and Consumer Protection Act did not preclude debtors from acting as disbursing agents under bankruptcy plan. 		Bankruptcy Dec. 13, 2006
Barclay v. Swiss Finance Corp. Limited (In re Midland Euro Exchange Inc.)
Presumption against extraterritoriality bars application of 11 U.S.C. Section 548 to foreign transfer. 		Bankruptcy Dec. 13, 2006
Matea v. WCAB
Employee showed that he was injured during first six months of employment as result of 'sudden and extraordinary employment condition.' 		Workers' Compensation Dec. 13, 2006
Ross v. Kish
Special motion to strike is properly denied where attorney shows probability of prevailing on malicious prosecution claim against former client. 		Civil Procedure Dec. 13, 2006
The Oaks Management Corp. v. Superior Court (Ayyad)
Disqualification is improper if evidence does not establish likelihood that attorney can use knowledge of adversary's financial information to adversary's disadvantage. 		Attorneys Dec. 13, 2006
People v. Trujillo
Defendant's post-conviction statement that does not describe nature of his crime cannot be used to establish that crime was for 'serious felony.' 		Criminal Law and Procedure Dec. 13, 2006
Opinion of Lockyer
Board of Public Employees' Retirement System may constitutionally use 20-year amortization period to fund retroactive retirement benefits for eligible retirees. 		Government Dec. 13, 2006
Musladin v. Lamarque
Defendant's constitutional rights were violated when trial spectators were permitted to wear buttons depicting murder 'victim.' 		Criminal Law and Procedure Dec. 12, 2006
Western Placer Citizens for an Agricultural and Rural Environment v. County of Placer (Teichert Inc.)
Trial court erred in imposing procedural requirement beyond that expressly stated in California Environmental Quality Act. 		Environmental Law Dec. 12, 2006
Sengenberger v. Townsend
Order 		Dec. 12, 2006
Cassady v. Morgan, Lewis & Bockius LLP
Attorney sued for malpractice is entitled to indemnification from employer for costs of defending lawsuit arising from discharge of his duties for employer. 		Attorneys Dec. 11, 2006
People v. Hoang
Court may raise issue of target offenses not requested by prosecutor and instruct jury on natural and probable consequences doctrine for those offenses. 		Criminal Law and Procedure Dec. 11, 2006
Divers' Environmental Conservation Organization v. State Water Resources Control Board (U.S. Dept. of the Navy)
Challenge of discharge permit fails where numeric analysis of pollutants in storm water discharges is not required. 		Environmental Law Dec. 11, 2006
Southeast Alaska Conservation Council; et al. v. U.S. Army Corps of Engineers (Coeur Alaska, Inc.)
Order 		Dec. 11, 2006
Fair v. Bakhtiari
Agreement that all disputes are subject to arbitration is admissible to show that parties intended to be bound by it. 		Civil Procedure Dec. 11, 2006
Golden State Boring & Pipe Jacking Inc. v. Orange County Water District (Colich Construction)
Contractor had right to insist on performance bond where subcontractor imposed requirement upon itself as consideration for acceptance of bid. 		Contracts Dec. 8, 2006
Murillo v. Superior Court (People)
Requests for admissions may not be propounded in civil commitment hearing, because they eliminate due process protections normally afforded by hearing process. 		Criminal Law and Procedure Dec. 8, 2006
BRV Inc. v. Superior Court (Dunsmuir Joint Union High School District)
Public's interest in disclosure outweighs school district superintendent's interest in keeping confidential report of alleged misconduct. 		Government Dec. 8, 2006
Gravillis v. Coldwell Banker Residential Brokerage Co.
Action for bodily injury within meaning of arbitration exclusion in property agreement did not include claim for emotional distress related diabetes. 		Contracts Dec. 8, 2006
People v. Carr
Trial court gave defendant adequate notice of specific term of 'Vargas' waiver that he violated so he could prepare defense. 		Criminal Law and Procedure Dec. 8, 2006
Tabitha W., a Minor
Parents' appeals were improperly taken from order made at hearing in which Welfare and Institutions Code Section 366.26 hearing was set. 		Juveniles Dec. 8, 2006
Aron v. U-Haul Co. of California
In class action regarding truck rental company's refueling charges and practices, plaintiff has alleged facts sufficient to state UCL cause of action. 		Business Law Dec. 8, 2006
Medill v. Westport Insurance Corp.
Insurer whose policy coverage excluded contract claims had no duty to defend its insured against negligence and breach of fiduciary duty claims. 		Insurance Dec. 8, 2006
Noya v. A.W. Coulter Trucking
Insurer may not challenge insured's settlement agreement after it failed to tender defense for insured to avoid liability for settlement amount. 		Civil Procedure Dec. 8, 2006
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