| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C042832
|
Collins v. State
Attorney who inadvertently hired expert witness who had previously worked for opposing party should not have been disqualified. |
Attorneys |
|
Oct. 7, 2004 | |
|
G033648
|
Pacific Decision Sciences Corp. v. Superior Court (Maudlin)
California court order authorizing sheriff to levy property in Florida was unauthorized. |
Civil Procedure |
|
Oct. 7, 2004 | |
|
B172662
|
Yuen v. Superior Court (Gemstar-TV Guide Int'l Inc.)
Arbitrator should decide whether parties' arbitration agreement permits consolidation of two proceedings. |
Contracts |
|
Oct. 7, 2004 | |
|
C045316
|
Azteca Construction Inc. v. ADR Consulting Inc.
Party to arbitration cannot contractually waive right to disqualify arbitrator based on lack of neutrality. |
Civil Procedure |
|
Oct. 7, 2004 | |
|
S106718
|
Sav-on Drug Stores Inc. v. Superior Court (Rocher)
Trial court did not abuse its discretion in certifying class action against drugstore chain for recovery of unpaid overtime compensation. |
Employment Law |
|
Oct. 7, 2004 | |
|
F042675
|
Larsson v. Grabach
Easement by implication can exist when property is divided and distributed by court decree among heirs after property owner's death. |
Real Property |
|
Oct. 7, 2004 | |
|
S007531
|
People v. Haley
Failure to instruct jury about intent element of murder requires reversal of death sentence. |
Criminal Law and Procedure |
|
Oct. 7, 2004 | |
|
C045570
|
Fair Political Practices Commission v. American Civil Rights Coalition Inc.
Defendants failed to show that anti-SLAPP motion was not timely heard because of full court docket. |
Civil Procedure |
|
Oct. 7, 2004 | |
|
B161615
|
Marriage of Jacobsen
Family law court need not give full force and effect to Chumash custom and tradition because they conflict with California law. |
Family Law |
|
Oct. 7, 2004 | |
|
B166231
|
Martinez v. Chippewa Enterprises Inc.
Plaintiff who slipped on obviously wet ground may sue property owner for premises liability. |
Torts |
|
Oct. 7, 2004 | |
|
B166003
|
People v. Ramos
Confession to gang shooting was voluntary but defendant is entitled to resentencing. |
Criminal Law and Procedure |
|
Oct. 7, 2004 | |
|
C043764
|
Prouty v. Gores Technology Group
Employees of purchased company are third-party beneficiaries to provision requiring purchaser to continue employment despite provision limiting third-party beneficiaries. |
Contracts |
|
Oct. 7, 2004 | |
|
A102820
|
Jara v. Suprema Meats Inc.
Minority shareholder may bring individual action against majority shareholders for breach of fiduciary duty. |
Corporations |
|
Oct. 7, 2004 | |
|
G032619
|
Orange County Employees Association Inc. v. Superior Court
Superior court is not required to disclose judges' travel expenses under public records law. |
Government |
|
Oct. 7, 2004 | |
|
G033218
|
Michael J. v. Superior Court (Rogers)
Conservator of mentally disabled person who cannot communicate her wishes can petition for legal separation but not for marital dissolution. |
Family Law |
|
Oct. 7, 2004 | |
|
G031938
|
Burt v. County of Orange
Plaintiff named as suspected child abuser must be given reasonable opportunity to rebut charge. |
Constitutional Law |
|
Oct. 7, 2004 | |
|
S116388
|
Noble (Steve) on H. C.
Order |
|
Oct. 7, 2004 | ||
|
B164083
|
Hughes Electronics Corp. v. Citibank Delaware
California court bound by contractual choice-of-law provision cannot enforce some but not all of chosen state's laws. |
Civil Procedure |
|
Oct. 7, 2004 | |
|
G032410
|
DaSilva v. DaSilva
Court must reconsider parents' respective periods of primary physical responsibility in child support case. |
Family Law |
|
Oct. 7, 2004 | |
|
S105978
|
People v. Jeffrey
Defendant sentenced to prison waived entitlement to credit for future days spent in treatment facility. |
Criminal Law and Procedure |
|
Oct. 7, 2004 | |
|
02-56283
|
Brockmeyer v. May
Order |
|
Oct. 7, 2004 | ||
|
03-388
|
Bates v. Dow Agrosciences
Order |
|
Oct. 7, 2004 | ||
|
C044943
|
People v. High
State court facilities construction penalty statute is penal in nature and cannot be imposed retroactively. |
Criminal Law and Procedure |
|
Oct. 7, 2004 | |
|
02-35863
|
Lounsbury v. Thompson
Habeas petitioner who fairly presented his competency claims to state's highest court can pursue relief in district court. |
Criminal Law and Procedure |
|
Oct. 7, 2004 | |
|
02-72424
|
Vigil v. Leavitt
Environmental agency will reconsider whether state used adequate measures to minimize diesel emissions. |
Environmental Law |
|
Oct. 6, 2004 | |
|
D042893
|
Mann v. Quality Old Time Service Inc.
Plaintiff who filed lawsuit subject to anti-SLAPP law need show probability of prevailing on only part of his claim. |
Civil Procedure |
|
Oct. 6, 2004 | |
|
C044387
|
Alameida v. State Personnel Board (Lomeli)
State personnel board may consider employee's claim of statute of limitations violation by California Department of Corrections when ruling on reinstatement request. |
Administrative Agencies |
|
Oct. 6, 2004 | |
|
S124886
|
In re S. (Jacob)
Order |
|
Oct. 6, 2004 | ||
|
S124755
|
People v. Conate
Order |
|
Oct. 6, 2004 | ||
|
S122923
|
Lockyer v. City of San Francisco
Order |
|
Oct. 6, 2004 |