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Name Category Published
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
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
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
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
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
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
People v. Haley
Failure to instruct jury about intent element of murder requires reversal of death sentence.
Criminal Law and Procedure Oct. 7, 2004
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
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
Martinez v. Chippewa Enterprises Inc.
Plaintiff who slipped on obviously wet ground may sue property owner for premises liability.
Torts Oct. 7, 2004
People v. Ramos
Confession to gang shooting was voluntary but defendant is entitled to resentencing.
Criminal Law and Procedure Oct. 7, 2004
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
Jara v. Suprema Meats Inc.
Minority shareholder may bring individual action against majority shareholders for breach of fiduciary duty.
Corporations Oct. 7, 2004
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
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
Burt v. County of Orange
Plaintiff named as suspected child abuser must be given reasonable opportunity to rebut charge.
Constitutional Law Oct. 7, 2004
Noble (Steve) on H. C.
Order
Oct. 7, 2004
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
DaSilva v. DaSilva
Court must reconsider parents' respective periods of primary physical responsibility in child support case.
Family Law Oct. 7, 2004
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
Brockmeyer v. May
Order
Oct. 7, 2004
Bates v. Dow Agrosciences
Order
Oct. 7, 2004
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
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
Vigil v. Leavitt
Environmental agency will reconsider whether state used adequate measures to minimize diesel emissions.
Environmental Law Oct. 6, 2004
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
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
In re S. (Jacob)
Order
Oct. 6, 2004
People v. Conate
Order
Oct. 6, 2004
Lockyer v. City of San Francisco
Order
Oct. 6, 2004