| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S123203
|
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 | |
|
C047824
|
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 | |
|
C049163
|
Barnes v. Hussa
Landowner is entitled to irrevocable license to use water pipeline built on noncontiguous parcel. |
Real Property |
|
Jul. 10, 2006 | |
|
A107461
|
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 | |
|
A108246
|
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 | |
|
G034590
|
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 | |
|
B179028
|
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 | |
|
D045755
|
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 | |
|
B178701
|
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 | |
|
C049060
|
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 | |
|
A109510
|
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 | |
|
C049687
|
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 | |
|
B180525
|
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 | |
|
C048686
|
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 | |
|
B183741
|
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 | |
|
B182727
|
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 | |
|
A107485
|
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 | |
|
D046281
|
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 | |
|
B181535
|
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 | |
|
B180104
|
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 | |
|
B175450
|
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 | |
|
C049104
|
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 | |
|
A109299
|
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 | |
|
G035622
|
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 | |
|
G034264
|
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 | |
|
A111355
|
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 | |
|
D046568
|
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 | |
|
E036896
|
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 | |
|
G034527
|
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 | |
|
A106606
|
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 |