| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B163177
|
People v. Guevara
Statute of limitations for filing false nomination paper is four years after discovery because it is fraud offense. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
B168146
|
Malek v. Blue Cross of California
Health care service plan's noncompliance with statutory arbitration disclosure requirements renders arbitration provision in enrollment form unenforceable. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
B165315
|
County of Los Angeles v. Granite State Insurance Co.
Notice of bail forfeiture indicating March 6 hearing, when bail was actually forfeited at February 13 hearing, is insufficient. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
A102872
|
Neumann v. Melgar
Family Code section 7894, when considered as a whole, allows trial court to grant new trial, or modify judgment. |
Family Law |
|
Sep. 24, 2004 | |
|
A100860
|
Marselis v. Allstate Insurance Company
Statute of limitations for insurance claim action not tolled when claim paid even where insurer provides no written assurance that claim closed. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
B164607
|
Helene Curtis Inc. v. Assessment Appeals Board (Los Angeles County Board of Supervisors)
Plaintiff is estopped from claiming benefits under tax code, but is still entitled to board hearing on merits of application. |
Taxation |
|
Sep. 24, 2004 | |
|
B172846
|
South Beverly Wilshire Jewelry & Loan v. Superior Court (Gordon)
Plaintiff who consigned goods without obtaining protections of commercial code is not entitled to relief after wrongful transfer. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
D043178
|
Medical Staff of Sharp Memorial Hospital v. Superior Court (Pancoast)
Hospital acted properly in suspending physician's staff privileges in interest of protecting patients. |
Employment Law |
|
Sep. 24, 2004 | |
|
C043811
|
Delta Wetlands Properties v. County of San Joaquin
State law does not preempt county zoning authority from regulating location of reservoirs. |
Environmental Law |
|
Sep. 24, 2004 | |
|
H024375
|
Reeves v. Safeway Stores Inc.
Employer may be liable for retaliatory discharge where supervisor's retaliatory motive was cause of employee's dismissal. |
Employment Law |
|
Sep. 24, 2004 | |
|
F042331
|
People v. Spark
Compassionate use defense does not require user of marijuana for medical purposes to present evidence that he was seriously ill. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
A102287
|
Bello v. ABA Energy Corp.
Energy company did not trespass on farm because county properly issued a right-of-way encroachment permit. |
Real Property |
|
Sep. 24, 2004 | |
|
B168985
|
People v. Garcia
Trial court may determine during sentencing whether defendant's current conviction for first-degree burglary is violent felony for calculation of presentence credits. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
B148135
|
Marriage of Iredale and Cates
Court may value attorney spouse's goodwill by comparing compensation of similarly-situated professional. |
Family Law |
|
Sep. 24, 2004 | |
|
B159163
|
Stasz v. Schwab
Arbitration association enjoys common law immunity from liability for alleged bias and failure to stay arbitration proceedings. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
F043498
|
SFPP LP v. Burlington Northern & Santa Fe Railway Co.
Referee in railroad right-of-way case did not commit legal errors in applying condemnation statute. |
Real Property |
|
Sep. 24, 2004 | |
|
B174063
|
State Farm Mutual Automobile Insurance Co. v. Superior Court (Hill)
Party is not entitled to disqualification of judge after court of appeal granted writ of mandate on choice of law question. |
Civil Procedure |
|
Sep. 24, 2004 | |
|
B168916
|
City of Los Angeles v. Furman Selz Capital Management LLC
City may not impose tax on corporate- owned limited liability company that has elected to be disregarded as separate entity. |
Taxation |
|
Sep. 24, 2004 | |
|
A104117
|
Seligsohn v. Day
Police officers employed by college are entitled to copies of discrimination complaints kept by school's Office of Affirmative Action. |
Government |
|
Sep. 24, 2004 | |
|
F043779
|
People v. Jordan
Anonymous telephone tip about person with concealed handgun does not have sufficient indicia of reliability to create reasonable suspicion justifying stop. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
B169043
|
Kasaundra D., a Minor
Juvenile court reviewing petition under same case number as two earlier petitions cannot ignore existing order from another department terminating jurisdiction. |
Juveniles |
|
Sep. 24, 2004 | |
|
F042980
|
Haney v. Aramark Uniform Services Inc.
Court erred in granting employer summary adjudication when employee's acts did not amount to federally protected concerted activities. |
Employment Law |
|
Sep. 24, 2004 | |
|
A104782
|
In re Jerred H.
Juvenile court lacks jurisdiction to review final order terminating parental rights. |
Family Law |
|
Sep. 24, 2004 | |
|
02-74259
|
Agustin Camposeco-Montejo v. Ashcroft
Immigration judge's denial of asylum was improperly based on defendant's resettlement in other country. |
Immigration |
|
Sep. 24, 2004 | |
|
02-56082
|
Watkins v. Ameripride Services
Issue regarding employer's use of interstate commerce during product delivery revives employee's overtime claim. |
Employment Law |
|
Sep. 24, 2004 | |
|
02-73376
|
Ramirez-Ramirez v. Ashcroft
Order |
|
Sep. 24, 2004 | ||
|
02-55613
|
Nunes v. Ashcroft
Even if district court treated petitioner's motion to reconsider as request for leave to amend, request would have been futile. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
|
02-55613
|
Nunes v. Ashcroft
Order |
|
Sep. 24, 2004 | ||
|
03-15431
|
Leichty v. Neary (Strand)
Approval of attorney's application for interim payment of fees does not create vested interest permitting court to modify final award amount. |
Bankruptcy |
|
Sep. 24, 2004 | |
|
B165314
|
Serra Canyon Co. Ltd. v. California Coastal Commission
Landowner is barred from challenging 20-year old offer to dedicate land for public use. |
Real Property |
|
Sep. 24, 2004 |