| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B169465
|
Ordlock v. Franchise Tax Board
Taxpayers need not report IRS correction for year for which Franchise Tax Board is time-barred from assessing additional income taxes. |
Taxation |
|
Sep. 27, 2004 | |
|
S112635
|
People v. Lewis
Order |
|
Sep. 27, 2004 | ||
|
03-30041
|
U.S. v. Crowell
Defendant convicted of crime may not collaterally attack conviction by moving to expunge record. |
Civil Procedure |
|
Sep. 27, 2004 | |
|
02-30429
|
U.S. v. Hernandez-Hernandez
Court may review stipulated contents of motion to determine whether previous conviction counts as predicate offense. |
Criminal Law and Procedure |
|
Sep. 27, 2004 | |
|
01-56320
|
Chein v. Shumsky
False testimony by expert medical witness about specialty and number of offices is not basis for perjury conviction because it is not material. |
Criminal Law and Procedure |
|
Sep. 26, 2004 | |
|
E034871
|
In re Byron B., a Minor
Juvenile court can forbid delinquent's contact with any person disapproved by parent or probation officer. |
Juveniles |
|
Sep. 26, 2004 | |
|
B163709
|
Rios v. Scottsdale Insurance Co.
Plaintiff may not sue insurer for damages when policy did not include coverage for loss due to theft. |
Insurance |
|
Sep. 26, 2004 | |
|
G031662
|
Petrou v. South Coast Emergency Group
Expert with substantial experience five years prior to time of alleged malpractice is qualified to testify in action against emergency-room doctor. |
Torts |
|
Sep. 26, 2004 | |
|
03-15434
|
Franchise Holding II LLC v. Huntington Restaurants Group Inc.
District court had discretion to deny borrower's motion to set aside default judgment. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
S111780
|
In re George T.
High school student who wrote 'dark poetry' is not guilty of making criminal threat. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
B170037
|
Kaneko v. Yager
Power of attorney on which defendants sought immunity must be notarized or witnessed by two witnesses. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
02-35805
|
Elvig v. Calvin Presbyterian Church
Court erred in dismissing minister's Title VII claims under 'ministerial exception' when some viable claims existed. |
Employment Law |
|
Sep. 24, 2004 | |
|
A095846
|
Munoz v. City of Union City
Verdict against city is invalid because direct negligence theory advanced by plaintiffs was not grounded on violation of statutory duty by public entity. |
Torts |
|
Sep. 24, 2004 | |
|
H025621
|
People v. Hoeninghaus
Police may not justify warrantless search of adult probationer with search condition unless they know of condition at time of search. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
B167152
|
California National Bank v. Havis
Letter with words 'payoff funds' that does not indicate amount owing on loan is not payoff demand statement. |
Real Property |
|
Sep. 24, 2004 | |
|
S113321
|
People v. Wallace
Dismissal of prior conviction resulting from plea for insufficient evidence is extrinsic to decision to strike. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
S107885
|
People v. Celis
Facts known to officers before entering defendant's home did not justify protective sweep. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
A102742
|
CLD Construction Inc. v. City of San Ramon
Complaint filed by self-represented corporation is void, but court may grant leave to amend. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
C043505
|
People v. Schnathorst
Law criminalizing threats against another person applies to threats against a police officer. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
B174364
|
Egar v. Superior Court of Santa Barbara County
Court security fee imposed for every conviction of criminal offense does not apply to juvenile wardship cases. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
B166525
|
Ewing v. Northridge Hospital Medical Center
Expert witness is not needed to challenge psychotherapist's immunity from claim of failure to warn. |
Torts |
|
Sep. 24, 2004 | |
|
C043878
|
Estes v. Monroe
Disabled national guardsman's wrongful termination lawsuit was properly dismissed. |
Employment Law |
|
Sep. 24, 2004 | |
|
D043592
|
Pitzen v. Superior Court (Garcia)
Collateral estoppel precludes issue decided in small claims court from being relitigated. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
B163333
|
Oliveros v. County of Los Angeles
County attorney's engagement in another trial warrants trial continuance. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
D042899
|
Marriage of Wittgrove
Millionaire surgeon can be ordered to pay $43,000 per month in spousal and child support. |
Family Law |
|
Sep. 24, 2004 | |
|
S109711
|
Cassim v. Allstate Insurance Company
Attorney fees payable as damages for insurer's bad faith limited to portion of efforts devoted to recovery of amount due under policy. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
S109597
|
Travis v. County of Santa Cruz
Property owner timely filed claim to remove county's conditions on his development permit. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
S111028
|
People v. Wilkinson
Law governing battery on custodial officers does not violate equal protection. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
B161069
|
Klajic v. Castaic Lake Water Agency
Water wholesaler may sell water directly to consumers pursuant to its enabling act. |
Administrative Agencies |
|
Sep. 24, 2004 | |
|
E034514
|
Cody S., a Minor
When student, permitted to store items in gym locker only during class, is removed from class, no expectation of privacy exists in locker. |
Criminal Law and Procedure |
|
Sep. 24, 2004 |