| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C046395
|
People v. Hinkel
Mere completion of treatment program under Proposition 36 does not establish reasonable cause to believe that defendant will not abuse drugs. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
A103481
|
People for the Ethical Treatment of Animals v. California Milk Producers Advisory Board
Public entities are not 'persons' subject to suit under California's Unfair Business Practices Act. |
Business Law |
|
Aug. 8, 2005 | |
|
C046333
|
Penn-America Insurance Co. v. Mike's Tailoring
Insurance policy exclusion for water that backs up from sewer includes sewage that accompanies water. |
Insurance |
|
Aug. 8, 2005 | |
|
G031864
|
Inline v. A.V.L. Holding
Restitution remedy authorized by Section 17203 of the Unfair Business Practices Act does not include damages. |
Business Law |
|
Aug. 8, 2005 | |
|
B170395
|
Weatherly v. Universal Music Publishing Group
Unexercised right to conduct audit does not necessarily demonstrate lack of diligence for purposes of delayed discovery rule. |
Civil Procedure |
|
Aug. 8, 2005 | |
|
G028834
|
Hinrichs v. County of Orange
Sheriff's deputy disciplined for using alcohol was entitled to discovery of non-confidential investigation documents. |
Employment Law |
|
Aug. 8, 2005 | |
|
D045075
|
Westly v. Superior Court (Cates)
State controller and attorney general are not subject to deposition regarding collection of revenue from tribal casinos. |
Government |
|
Aug. 8, 2005 | |
|
S111309
|
People v. Betts
Trial court should determine whether it has jurisdiction to adjudicate charge of crime committed outside of state. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
S110328
|
Home Insurance Company v. Superior Court (Montrose Chemical Corporation of California)
Trial court will decide whether primary and excess insurance carriers have 'substantially adverse interests' that allow them to each challenge judge. |
Civil Procedure |
|
Aug. 8, 2005 | |
|
G033254
|
Schauer v. Mandarin Gems of California Inc.
Ex-wife for whom engagement ring was purchased can bring claim against seller as third-party beneficiary. |
Contracts |
|
Aug. 8, 2005 | |
|
C045006
|
People v. Morgan
Caller's reliable, non-assertive statements to police are admissible over a hearsay objection. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
G032508
|
Stephenson v. Argonaut Insurance Co.
Trial court may dismiss action against insurer seeking relief for failure to indemnify insured when no potential for coverage existed. |
Insurance |
|
Aug. 8, 2005 | |
|
B172763
|
People v. Watson
Prisoner transferred to state hospital is not 'confined in state prison' as defined by battery statute. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
03-55045
|
Buckley v. Terhune
State court fact-finding at habeas hearing that rested solely on written record is entitled to presumption of correctness. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
B175163
|
In re Glorianna K.
Department of Children and Family Services must comply with Indian Child Welfare Act's notice requirements before seeking to terminate parental rights. |
Native American Affairs |
|
Aug. 8, 2005 | |
|
03-10179
|
U.S. v. Hristov
Timely-filed motion for attorney fees under Hyde Amendment may be amended under 'relation back' doctrine. |
Attorneys |
|
Aug. 8, 2005 | |
|
03-30127
|
U.S. v. Schoneberg
Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
03-35738
|
Henderson v. Lampert
Petitioner's failure to appeal dismissal of first habeas petition precludes him from challenging dismissal in second petition. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
S131030
|
Marriage of Brown
Order |
|
Aug. 8, 2005 | ||
|
S130839
|
Lonicki v. Sutter Health Central
Order |
|
Aug. 8, 2005 | ||
|
S123905
|
Gradle v. Doppelmayr USA
Order |
|
Aug. 8, 2005 | ||
|
S130795
|
People v. Joy
Order |
|
Aug. 8, 2005 | ||
|
S130570
|
People v. Lee
Order |
|
Aug. 8, 2005 | ||
|
S130457
|
In re J. (Olivia)
Order |
|
Aug. 8, 2005 | ||
|
S130587
|
People v. Thomas
Order |
|
Aug. 8, 2005 | ||
|
B174412
|
Berger v. California Insurance Guarantee Association
California Insurance Guarantee Association may be liable for claims of victims of Northridge quake against insolvent insurers. |
Insurance |
|
Aug. 8, 2005 | |
|
C044400
|
O'Connell v. City of Stockton
Ordinance allowing seizure of vehicles used to solicit prostitution or drug sales denies procedural due process to car owners. |
Constitutional Law |
|
Aug. 8, 2005 | |
|
F044512
|
People v. Parras
Trial court's jury instruction on voluntary manslaughter without intent to kill was appropriate. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
00-16922
|
Orff v. U.S.
Sovereign immunity bars plaintiffs from suing United States for violation of contract regarding water rights. |
Government |
|
Aug. 7, 2005 | |
|
S132443
|
Benson v. Kwikset
Order |
|
Aug. 5, 2005 |