| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B168458
|
Citizens for Goleta Valley v. HT Santa Barbara
Defendants must provide bond or letter of credit securing their payment obligations under prior settlement agreement. |
Contracts |
|
Jul. 28, 2004 | |
|
B172785
|
Alvarez v. Superior Court (Los Angeles County Sheriff's Dept.)
Defendant on trial for resisting arrest is entitled to discover evidence that arresting officer engaged in workplace violence. |
Criminal Law and Procedure |
|
Jul. 28, 2004 | |
|
D043033
|
Haggerty v. Superior Court (Guindazola)
Trial court erred in ordering disclosure of internal affairs' report without first redacting portions reflecting investigating officer's analysis and conclusions. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
G031179
|
Moran v. Oso Valley Greenbelt Assn.
Plaintiff entitled to award of attorney fees in suit against corporation for failure to produce records. |
Attorneys |
|
Jul. 28, 2004 | |
|
G031944
|
Millikan v. American Spectrum Real Estate Services California Inc.
Landlord in commercial lease case is entitled to award of selling expenses caused by tenant's breach. |
Contracts |
|
Jul. 28, 2004 | |
|
B166993
|
Southern California Edison Co. v. Public Utilities Commission (The Utility Reform Network)
Public Utilities Commission's award to consumer advocacy organization that actively participated in federal court actions is proper. |
Government |
|
Jul. 28, 2004 | |
|
S099667
|
Aguilar v. Lerner
Because plaintiff waived his rights under Mandatory Fee Arbitration Act, preexisting arbitration agreement with attorney was enforceable. |
Attorneys |
|
Jul. 28, 2004 | |
|
A102603
|
Lopez v. Charles Schwab & Co. Inc.
Securities broker that rejected account application cannot enforce account's arbitration provision. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
B163974
|
Jiagbogu v. Mercedex-Benz USA
Plaintiff's continued use of vehicle after he requested manufacturer buyback vehicle isn't waiver of recission under Song-Beverly Consumer Warranty Act. |
Contracts |
|
Jul. 28, 2004 | |
|
B160031
|
Hindin v. Rust
In malicious prosecution action, summary adjudication is not permitted when some, but not all claims are supported by probable cause. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
G031613
|
Metcalf v. U-Haul International Inc.
New anti-SLAPP statute does not affect constitutionally protected speech, it merely creates classification of litigants. |
Constitutional Law |
|
Jul. 28, 2004 | |
|
D043323
|
Knowles v. Superior Court (Labo)
Statute of limitations period in wrongful death case was triggered when medical negligence was first suspected. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
B165082
|
Action Apartment Assn. Inc. v. City of Santa Monica
City ordinance that prohibits landlords from harassing tenants in rent-controlled housing is pre-empted by state law. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
A097686
|
People v. Lovings
Defendant's attempts to disqualify trial attorney are barred by voluntary guilty plea. |
Criminal Law and Procedure |
|
Jul. 28, 2004 | |
|
D041904
|
Anastos v. Lee
Plaintiff who serves summons and complaint by publication isn't required to obtain separate court order to serve statement of damages by publication. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
C044181
|
Gebremicael v. California Commission on Teacher Credentialing
Defendant whose 'wobbler' offense was reduced from felony to misdemeanor may seek teaching credential. |
Education |
|
Jul. 28, 2004 | |
|
F041885
|
People v. Sisavath
Sexual abuse victim's 'testimonial' hearsay statements to police officer and facility interviewer were inadmissible. |
Criminal Law and Procedure |
|
Jul. 28, 2004 | |
|
H026142
|
Holiday Matinee Inc. v. Rambus Inc.
Because plaintiff's claims arise under federal patent law, state court lacks subject matter jurisdiction. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
B162753
|
Paneno v. Centres For Academic Programmes Abroad Ltd.
Study abroad program with 'affiliate' in United States should not be permitted to escape responsibility by claiming lack of jurisdiction. |
Civil Procedure |
|
Jul. 28, 2004 | |
|
02-10523
|
U.S. v. Epis
Order |
|
Jul. 27, 2004 | ||
|
S110870
|
Regional Parking Inc. v. Department of Motor Vehicles
Order |
|
Jul. 27, 2004 | ||
|
B166776
|
Wasif M., a Minor
Minor is guilty of violating statute when he threw stone at bus even if he lacked requisite intent to strike it. |
Criminal Law and Procedure |
|
Jul. 27, 2004 | |
|
D042148
|
People v. McHugh
Otherwise reasonable arrest does not become unreasonable because it led to violation of state statute concerning collection of evidence. |
Criminal Law and Procedure |
|
Jul. 27, 2004 | |
|
C042759
|
People v. Pescador
Jury instruction regarding defendant's acts of domestic violence was properly given in murder trial. |
Criminal Law and Procedure |
|
Jul. 27, 2004 | |
|
D042195
|
Elite Show Services Inc. v. Staffpro Inc.
Inclusion of agreement to pay 'reasonable' attorney fees in pretrial settlement offer does not make offer unenforceable for uncertainty. |
Civil Procedure |
|
Jul. 27, 2004 | |
|
B164650
|
People v. Arjon
Motion to dismiss brought one hour prior to criminal trial without explanation for delay was properly dismissed. |
Civil Procedure |
|
Jul. 27, 2004 | |
|
B171054
|
Ruiz v. Appellate Division of the Superior Court (People)
Defendant's peremptory challenge against trial judge was properly filed under 'master calendar' rule. |
Civil Procedure |
|
Jul. 27, 2004 | |
|
E033787
|
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law. |
Criminal Law and Procedure |
|
Jul. 27, 2004 | |
|
G032626
|
People v. Jenkins
'Knock and talk' procedure does not rise to level of investigative detention requiring suspicion of criminal activity. |
Criminal Law and Procedure |
|
Jul. 27, 2004 | |
|
D037578
|
People v. Celis
Police were justified to search home of suspect believed to store drugs and money in tire. |
Criminal Law and Procedure |
|
Jul. 26, 2004 |