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Name Category Published
Solv-All v. Superior Court (SMS Supermarket Service Inc.)
Party whose attorney failed to file timely answer is entitled to mandatory relief from default judgment.
Attorneys Oct. 17, 2005
Service Employees International Union v. Cupertino Union School District
Union's timely but procedurally defective demand to arbitrate grievance did not constitute waiver of arbitration rights.
Labor Law Oct. 17, 2005
Singer Asset Finance Co. v. Gallagher (In re Gallagher)
UCC provision does not apply to structured settlements arising out of tort or to structured settlements containing non-assignment clause.
Bankruptcy Oct. 17, 2005
Heath v. American Express Travel Related Services Co. (In re Heath)
Insufficiency of creditors' proof of claims against debtors was not basis to disallow claims under Bankruptcy Code.
Bankruptcy Oct. 17, 2005
Inco Development Corp. v. Superior Court (Haynes)
Tolling provision does not extend period for plaintiff to file lawsuit based on latent construction defects.
Torts Oct. 17, 2005
Lincoln Place Tenants Assn. v. City of Los Angeles (Los Angeles Lincoln Place Investors Ltd.)
Owners of apartment complex cannot begin demolition without complying with conditions attached to redevelopment project approval.
Environmental Law Oct. 17, 2005
The Roman Catholic Archbishop of Los Angeles v. Superior Court (People)
Disclosure of documents in sexual assault cases against priests did not violate clergy-penitent privilege.
Criminal Law and Procedure Oct. 17, 2005
Salisbury v. County of Orange
Criminal defendant who sues his attorney for malpractice is entitled to have issue of his innocence determined by jury.
Attorneys Oct. 17, 2005
Richard B. Levine Inc. v. Higashi
Plaintiff cannot proceed with civil conspiracy claim against partnership's accountant after arbitrator decided no tort was committed.
Civil Procedure Oct. 14, 2005
People v. Mitchell
Order
Oct. 14, 2005
Dye v. Hofbauer
Failure of state appellate court to mention federal claim does not mean claim was not presented to it.
Constitutional Law Oct. 14, 2005
Doe v. Gonzales
Applicants seeking to vacate stay have not shown cause so extraordinary as to justify intervention.
Civil Procedure Oct. 14, 2005
Michelle C., a Minor
Parental rights termination hearing conducted in absence of parent or parent's attorney resulted in due process violation.
Family Law Oct. 13, 2005
California State Personnel Board v. California State Employees Assoc.
Permanent appointment of state employees based solely on seniority violates state constitution.
Labor Law Oct. 13, 2005
People v. Dunkle
Jury's verdict that defendant was mentally competent to stand trial was not erroneous or ambiguous.
Criminal Law and Procedure Oct. 13, 2005
Grafton Partners LP v. Superior Court (PriceWaterhouseCoopers LLP)
Pre-dispute agreement between parties waiving right to adjudicate lawsuit through jury trial was unenforceable.
Civil Procedure Oct. 13, 2005
Opinion of Lockyer
Water Code statute allows agreements between water districts and land developers for construction of oversized water facilities.
Government Oct. 13, 2005
Copren v. State Bar
Suspended attorney must comply with Rule 955 of Rules of Court if actual suspension exceeds 90 days.
Attorneys Oct. 13, 2005
Boghos v. Certain Underwriters At Lloyd's of London
Court will reconsider whether insurer was entitled to arbitration of dispute over coverage.
Insurance Oct. 12, 2005
Cummins Inc. v. Superior Court (Cox)
Vehicle warranty act did not apply to vehicle that was repaired in California but purchased in other state.
Torts Oct. 12, 2005
Miller v. Dept. of Corrections
Widespread sexual favoritism may create actionable sexual harassment under hostile work environment theory.
Employment Law Oct. 12, 2005
Garamendi v. Mission Insurance Co.
Insurers' liability attached after primary and first excess carriers paid total of $1.5 million, despite number of occurrences.
Insurance Oct. 12, 2005
Daly v. Yessne
Shareholder cannot bring derivative suit challenging acts by directors completed before she exercised option to purchase shares.
Corporations Oct. 12, 2005
City of La Mesa v. California Joint Powers Insurance Authority
Joint powers insurance authority may retain city's deposit after city's withdrawal from membership.
Government Oct. 12, 2005
People v. Roquemore
Suspect who asked for 'mom or lawyer' during questioning did not unambiguously invoke Miranda rights.
Criminal Law and Procedure Oct. 12, 2005
Jose. P., a Minor
Defendant who 'pushed himself on victim' during intercourse is guilty of forcible rape.
Criminal Law and Procedure Oct. 12, 2005
People v. Avila
Prosecutor did not exercise due diligence in trying to secure witness' appearance on morning of trial.
Criminal Law and Procedure Oct. 12, 2005
People v. Jackson
Trial court improperly extended defendant's probationary term beyond statutory maximum.
Criminal Law and Procedure Oct. 12, 2005
Bowman v. City of Berkeley (Affordable Housing Associates)
City residents who unsuccessfully tried to prevent housing project are still entitled to attorney fees and costs.
Government Oct. 12, 2005
People v. Davis
Defendant's convictions for first-degree murder and death sentence are affirmed.
Criminal Law and Procedure Oct. 12, 2005