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Name Category Published
Rusheen v. Cohen
Litigation privilege extends to act of levying on judgment where gravamen of abuse of process claim was communicative act.
Civil Procedure Jul. 10, 2006
Excelsior College v. California Board of Registered Nursing
New interpretation of statute affecting out-of-state nursing school's ability to meet state minimum requirements for licensure is not unconstitutional.
Constitutional Law Jul. 10, 2006
Barnes v. Hussa
Landowner is entitled to irrevocable license to use water pipeline built on noncontiguous parcel.
Real Property Jul. 10, 2006
Lyons v. Chinese Hospital Association
Party to lawsuit who obtained no monetary damages was still entitled to attorney fees award.
Civil Procedure Jul. 10, 2006
Harman v. City and County of San Francisco
In employment discrimination case, plaintiff provided sufficient evidence to satisfy 'Monell' requirements.
Employment Law Jul. 10, 2006
Bardin v. Daimlerchrysler Corp.
In unfair business practices case, plaintiffs' claims do not meet 'unfair' definition where they did not claim personal injury or warranty violations.
Business Law Jul. 10, 2006
Benavides v. State Farm General Insurance Co.
Insured cannot state claim for negligent handling of claim where policy excludes coverage for loss.
Insurance Jul. 10, 2006
StaffPro Inc. v. Elite Show Services Inc.
Plaintiff's malicious prosecution claim is properly stricken where it failed to show underlying action resulted in favorable termination.
Civil Procedure Jul. 10, 2006
Fritz v. Ehrmann
Malpractice action is not time-barred because limitations period commenced only upon actual injury and was tolled while attorney continued representation.
Attorneys Jul. 10, 2006
In re Burns
Parole board's decision to defer prisoner's parole consideration for five years had factual basis and was proper.
Criminal Law and Procedure Jul. 10, 2006
Unfair Fire Tax Committee v. City of Oakland
Property owners seeking to challenge city's creation of fire suppression assessment district did not need to exhaust administrative remedies.
Government Jul. 10, 2006
People v. Le
Sentence enhancement for great bodily injury is proper even though victim only suffered soft tissue and muscular injuries.
Criminal Law and Procedure Jul. 10, 2006
California Insurance Guarantee Association v. WCAB
Insurance Code Section 1063.1(c)(4) renders California Insurance Guarantee Association not liable to Employment Development Dept. for lien reimbursement.
Workers' Compensation Jul. 10, 2006
T.P., a Minor
Because juveniles are not 'convicted,' they do not come within scope of Health & Safety Code Section 11372.5.
Juveniles Jul. 10, 2006
Stamps v. Superior Court (Kenny-Shea-Traylor-Frontier-Kemper, JV)
Civil Code's language and history do not convey legislative intent to exclude employment discrimination cases.
Employment Law Jul. 10, 2006
Marion Drive v. Saladino (Gibson)
Bond owner is lienholder of record prior to recordation of tax deed with priority over lender's subsequently recorded deed of trust.
Taxation Jul. 10, 2006
Marriage of Heiner
Entirety of unallocated lump sum personal injury settlement is not income for purposes of calculating child support.
Family Law Jul. 10, 2006
City of San Diego v. Superior Court (Hanson)
City may not be held liable for drag racer's conduct that was unrelated to lack of lighting on roadway.
Torts Jul. 10, 2006
Nardizzi v. Harbor Chrysler Plymouth Sales Inc.
Injured party failed to create disputed issue of material fact concerning whether car accident was caused by dealership's negligence.
Torts Jul. 10, 2006
Finkbeiner v. Gavid
Trustee could appear in propria persona to modify and terminate trust where administrative cost and size of trust estate were disproportionate.
Probate and Trusts Jul. 10, 2006
Syngenta Crop Protection Inc. v. Helliker (Gustafson)
In evaluating application for registration of pesticides, department could not consider data previously submitted by another applicant without written consent of data owner.
Administrative Agencies Jul. 10, 2006
Andal v. City of Stockton
Court's sustaining city's demurrer is not proper where plaintiffs raised constitutional challenge to validity of ordinance.
Government Jul. 10, 2006
People v. Hayes
Court committed error when it held probable cause hearing at conclusion of SVP's recommitment trial, but error was harmless.
Criminal Law and Procedure Jul. 10, 2006
Michael R., a Minor
Prospective adoptive parent's petition was properly dismissed for failure to meet Family Code Section 8802's standing requirements.
Family Law Jul. 10, 2006
Ritschel v. City of Fountain Valley
Officers' failure to comply with requirements of state's implied consent law did not amount to violation of arrestee's federal constitutional rights.
Criminal Law and Procedure Jul. 10, 2006
Johnson v. City and County of San Francisco
Ellis Act pre-empts San Francisco ordinance requiring landlord to provide notice of landlord's belief as to tenant's entitlement to relocation costs.
Real Property Jul. 10, 2006
Campo Band of Mission Indians v. Superior Court (Celeste Bluehawk)
Tribe waived its tribal sovereign immunity regarding patron negligence claims up to limits of insurance it is required to maintain.
Native American Affairs Jul. 10, 2006
Healy v. Tuscany Hills Landscape & Recreation Corp.
Motion to strike must be granted where alleged defamatory statements made by attorneys were absolutely privileged.
Civil Procedure Jul. 10, 2006
People v. Gayton
Ineffective assistance of counsel found where attorney failed to review defendant's probation file prior to revocation hearing.
Criminal Law and Procedure Jul. 10, 2006
Ohio Casualty Insurance Co. v. Garamendi (The California Fair Plan Association)
Under Insurance Code, insurers' participation in 'FAIR' Plan's profits and losses is based on amount of business in state two years earlier.
Insurance Jul. 10, 2006