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Name Category Published
Gallagher v. Connell
Hearsay admitted without objection is sufficient to defeat anti-SLAPP motion. 		Torts Jan. 11, 2005
Bunch v. Hoffinger Industries Inc.
Danger of diving into shallow, above-ground pool is not open and obvious to 11-year-old, as a matter of law. 		Torts Jan. 11, 2005
People v. Lopez
Trial court did not err by instructing jury that masturbation can occur through clothing. 		Criminal Law and Procedure Jan. 11, 2005
Ebbetts Pass Forest Watch v. Department of Forestry and Fire Protection (Sierra Pacific Industries)
Geographic area selected by Department of Forestry and Fire Protection for assessing impact of timber harvest on spotted owls complies with law. 		Environmental Law Jan. 11, 2005
Modesto City Schools v. Education Audits Appeal Panel
School district that failed to include written policies in students' independent study plans must forfeit funding. 		Education Jan. 11, 2005
Mercury Insurance Co. v. Allstate Insurance Co.
Automobile insurer is entitled to contribution for defense costs from personal umbrella policy insurer. 		Insurance Jan. 11, 2005
Westside Concrete Co. Inc. v. Dept. of Industrial Relations
Employer deserves opportunity to show state agency engaged in unlawful rulemaking in violation of Administrative Procedure Act. 		Government Jan. 11, 2005
People v. Knox
Court that advised defendant of restitution fine prior to acceptance of plea did not violate plea bargain. 		Criminal Law and Procedure Jan. 11, 2005
State Farm Mutual Automobile Insurance Co. v. Superior Court (Balen)
Insurer is not required to arbitrate amount of damages in uninsured motorist case when full benefits were paid. 		Insurance Jan. 11, 2005
People v. Page
Defendants who threatened robbery victim with pencil to neck are guilty of assault with deadly weapon. 		Criminal Law and Procedure Jan. 11, 2005
Graham v. DaimlerChrysler Corp.
Auto dealership that offered to repurchase truck after being sued may be liable for attorney fees under 'catalyst theory.' 		Civil Procedure Jan. 11, 2005
People v. Wallace
Statute imposing court security fee on person convicted of crime committed before effective date is not ex post facto law. 		Criminal Law and Procedure Jan. 10, 2005
State Compensation Insurance Fund v. Workers' Compensation Appeals Board (California Insurance Guarantee Assoc.)
Compensable temporary disability or permanent disability satisfies requirements of Labor Code in granting relief for work-related injury. 		Insurance Jan. 10, 2005
In re Oheb
Attorney convicted of accepting clients with false insurance claims did not deserve summary disbarment. 		Attorneys Jan. 10, 2005
People v. Woods
Right to counsel is not violated where informant elicited statements on recording device while search warrant was being served on suspect. 		Criminal Law and Procedure Jan. 10, 2005
Deloso v. Ashcroft
Asylum-seeker proves that persecution he suffered in the Philippines was, at least in part, on account of his political opinion. 		Immigration Jan. 10, 2005
Rusz v. Ashcroft
Petty theft conviction with burglary prior is not crime for which sentence of one year or longer may be imposed. 		Immigration Jan. 10, 2005
Kaur v. Ashcroft
Asylum petitioner was denied fair hearing when his son was not allowed to testify due to youth. 		Immigration Jan. 10, 2005
Membreno v. Ashcroft
Order 		Jan. 10, 2005
People v. Calderon
Defense testimony was properly excluded in trial of sexually violent predator. 		Civil Procedure Jan. 10, 2005
People v. Zambrano
Prosecutor's line of questioning requiring opinion testimony from defendant was improper but harmless. 		Criminal Law and Procedure Jan. 10, 2005
People v. Miller
Search of probationer was valid even though guilty plea resulting in probation was later vacated. 		Criminal Law and Procedure Jan. 10, 2005
Mason, Warden v. Mitchell
Order 		Jan. 10, 2005
Michigan v. McRae
Order 		Jan. 10, 2005
Lofton v. Secretary, FL Dept. of Children
Order 		Jan. 10, 2005
El Morro Community Association v. California Dept. of Parks and Recreation
Mobile home tenants' challenge to impending demolition of park fails. 		Environmental Law Jan. 10, 2005
In re Christopher W.
Mother's regular visits with child were insufficient to overcome termination of parental rights. 		Family Law Jan. 10, 2005
People v. Dickerson
Sentencing court's imposition of restitution fines under statutory formula did not violate defendant's plea agreement. 		Criminal Law and Procedure Jan. 10, 2005
Gale v. Superior Court (Gale)
Marital dissolution petition that does not mention specific real property cannot support lis pendens. 		Family Law Jan. 10, 2005
Quacchia v. DaimlerChrysler Corp.
Court properly denied class certification to plaintiffs in seatbelt defect lawsuit against car manufacturer. 		Civil Procedure Jan. 10, 2005
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