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Name Category Published
Fininen v. Barlow
Where mediator was involved in party's earlier case, judgment upholding arbitration award is proper. 		Civil Procedure Oct. 22, 2006
People v. Hayes
Conviction for battery with injury is reversed where court failed to instruct, sua sponte, on lesser included offense of battery without injury. 		Criminal Law and Procedure Oct. 22, 2006
People v. Jeffery
Where offender was convicted of drug possession and transportation, court should have specified reasons for not committing her to rehabilitation center. 		Criminal Law and Procedure Oct. 22, 2006
Wirth v. State
Dept. of Personnel Administration's denial of salary increase due to budgetary crisis was not arbitrary or capricious. 		Government Oct. 22, 2006
Atkinson v. Elk Corp. of Texas
In breach of warranty case, roofing shingles purchased by roofing company to reroof customer's home are consumer products. 		Contracts Oct. 22, 2006
California Correctional Peace Officers Assoc. v. State
Existence of potentially dispositive statutory issue will not prevent enforcement of arbitration agreement, and arbitrator is authorized to interpret statute at arbitration. 		Civil Procedure Oct. 22, 2006
People v. Lewis
Defendants, convicted of murder and sentenced to death, are not entitled to relief on their 'Batson-Wheeler' claims. 		Criminal Law and Procedure Oct. 22, 2006
People v. Stanley
Judgment sentencing defendant to death was proper, but aggregate determinate sentence for his noncapital offenses must be reduced by two years. 		Criminal Law and Procedure Oct. 22, 2006
Larranaga v. S.C. (People)
Order 		Oct. 22, 2006
People v. Garces
Order 		Oct. 22, 2006
Prince v. United National Insurance Co.
Where children died in overheated vehicle, connection between use of vehicle and injury was sufficient to trigger insurance policy's exclusion. 		Insurance Oct. 22, 2006
People v. MacArthur
Where defendant was convicted of receiving stolen property, jury should have been instructed with definition of 'stolen' and 'theft.' 		Criminal Law and Procedure Oct. 22, 2006
Moghaddam v. Bone
Where notice of motion to set aside default and default judgment were wrongly addressed, party lacked proper notice and order was void. 		Civil Procedure Oct. 22, 2006
Baize v. Eastridge Companies
In wrongful termination action, arbitrator's award is not reviewable for claimed errors of law. 		Employment Law Oct. 22, 2006
Priebe v. Nelson
In dog mauling case where veterinarian's rule applies, kennel worker is found to have assumed risk of being bitten. 		Torts Oct. 22, 2006
People v. Dominguez
Defendant arguing actual consent is not entitled to instruction on 'Mayberry' rape defense, nor nonkiller felony-murder liability, once convicted of underlying rape. 		Criminal Law and Procedure Oct. 22, 2006
People v. Garcia
Collateral estoppel bars state from prosecuting benefit recipients for welfare fraud who have been exonerated in administrative proceedings. 		Criminal Law and Procedure Oct. 22, 2006
Okoro v. City of Oakland
Where entry of judgment was not directed against unnamed defendants, action remained pending through time for filing appeal from final order. 		Civil Procedure Oct. 22, 2006
People v. Massie
In torture case, offender harbored specific intent to cause extreme pain even if he acted 'in explosion of violence.' 		Criminal Law and Procedure Oct. 22, 2006
Ailanto Properties Inc. v. City of Half Moon Bay
Subdivision Map Act limits to five years length of any moratorium-related tolling of expiration of tentative map. 		Government Oct. 22, 2006
Tilton v. Reclamation District No. 800
In inverse condemnation case involving property damage caused by levee failures, dismissal is proper where plaintiffs failed to allege flawed maintenance plan. 		Real Property Oct. 22, 2006
Robson v. Upper San Gabriel Valley Municipal Water District
Official appointed to water district is required to stand for election to fill unexpired portion of four-year term to which he was appointed. 		Government Oct. 22, 2006
Service Employees International Union Local 1000 v. Dept. of Personnel Administration
If collective bargaining agreement provides process for dispute settlement, party alleging constitutional violation must first exhaust this process before filing lawsuit. 		Civil Procedure Oct. 22, 2006
People v. Green
Commitment order is not proper where act of kicking out window of police car does not fall within Mentally Disordered Offender statute. 		Criminal Law and Procedure Oct. 22, 2006
People v. Smith
Burglary conviction is proper where danger arose from defendant's forced entry of his own home. 		Criminal Law and Procedure Oct. 22, 2006
El Dorado Irrigation District v. State Water Resources Control Board
Water district that restricts appropriator's right to divert water, but does not apply similar restrictions on junior appropriators, violates rule of priority. 		Environmental Law Oct. 22, 2006
Rockwell International v. United States
Order 		Oct. 22, 2006
People v. Howard
Order 		Oct. 22, 2006
Gonzales, Att'y Gen v. Duenas-Alvarez
Order 		Oct. 22, 2006
People v. Stanley
Judgment sentencing defendant to death was proper, but aggregate determinate sentence for his noncapital offenses must be reduced by two years. 		Criminal Law and Procedure Oct. 20, 2006
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