| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D041811
|
Gray Cary Ware & Freidenrich v. Vigilant Insurance Co.
Dispute between insurer and policyholder regarding defense expenses incurred by independent counsel is not subject to arbitration. |
Insurance |
|
Jul. 26, 2004 | |
|
A101872
|
Pacific Gas & Electric Co. v. Workers' Compensation Appeals Board
Employee's stress resulting from concerns of company's future and value of stock are not compensable causes of psychiatric injury. |
Workers' Compensation |
|
Jul. 26, 2004 | |
|
B160578
|
Gold v. Weissman
In legal malpractice action, attorney's representation of plaintiff was continuous and tolled statute of limitations. |
Attorneys |
|
Jul. 26, 2004 | |
|
E033515
|
Bighorn-Desert View Water Agency v. Beringson (Kelley)
Voter initiative cannot control amount of water rates, fees and charges fixed by public water agency. |
Government |
|
Jul. 26, 2004 | |
|
B163262
|
People v. Fielder
To prevent application of 'washout' rule, prosecution must prove defendant either served prison time or committed new felony within five-year period. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
S105508
|
Estate of Ford
Foster child of decedent failed to prove equitable adoption by clear and convincing evidence. |
Family Law |
|
Jul. 26, 2004 | |
|
S113433
|
People v. McCall
Statute making possession of particular ingredient equivalent of possession of drug itself was valid exercise of Legislature's power. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
C040466
|
Peace and Freedom Party v. Shelley
Law that excludes inactive voters from calculation of party affiliates passes constitutional muster. |
Government |
|
Jul. 26, 2004 | |
|
B157587
|
Levy v. City of Santa Monica (Garai)
City council member's communication with city employees on behalf of constituent is constitutionally-protected speech. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
B165311
|
Ley v. State of California
State hospital is not liable for injuries inflicted on mentally disordered offender by fellow patient. |
Government |
|
Jul. 26, 2004 | |
|
E030845
|
Schwab v. Southern California Gas Co.
Defendant's motion to set aside defaults and judgments is properly denied for failure to show mistake, surprise, or neglect. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
A100705
|
Singh v. Singh
Court's interference with church's membership and method of electing officials did not amount to establishment clause violation. |
Constitutional Law |
|
Jul. 26, 2004 | |
|
B164482
|
Corby v. Gulf Insurance Co.
Plaintiff is entitled to recover under bond issued to developer of housing project subject to Subdivided Lands Law. |
Insurance |
|
Jul. 26, 2004 | |
|
B169265
|
Wolf v. Superior Court (Walt Disney Pictures and Television)
Court errs in concluding term in contract is unambiguous when it was reasonably susceptible to several interpretations. |
Contracts |
|
Jul. 26, 2004 | |
|
A102772
|
Law Offices of Cary S. Lapidus v. City of Wasco
Debt of contingent attorney fees incurred by city did not violate California Constitution. |
Government |
|
Jul. 26, 2004 | |
|
99-99002
|
Hoffman v. Arave
When state rule barring petitioner's ineffective assistance claim frustrates exercise of constitutional right, federal review not precluded. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
G031221
|
Roth v. L.A. Door Co.
Employer's claim is not "covered claim" under Insurance Code therefore it is not entitled to reimbursement from CIGA. |
Insurance |
|
Jul. 26, 2004 | |
|
B163840
|
Yuzon v. Collins
Landlord who had no knowledge of dog's vicious nature had no duty of care toward tenant's guest. |
Real Property |
|
Jul. 26, 2004 | |
|
A101842
|
Coral Construction, Inc. v. City and County of San Francisco
Plaintiff's standing to challenge ordinance is not dependent on identification of specific future contract bid. |
Constitutional Law |
|
Jul. 26, 2004 | |
|
A101294
|
Frieman v. San Rafael Rock Quarry Inc.
Plaintiffs bringing action against quarry for unlawful acts fail to establish class action would be substantially beneficial. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
B166414
|
People v. Seneca Insurance Co.
Court didn't abuse discretion in denying extension to return defendant to custody, where bail surety failed to timely notify agent of forfeiture order. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
H025987
|
People v. Orabuena
Trial court has discretion to dismiss misdemeanor that would make defendant ineligible for Proposition 36 sentencing. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
H021153
|
DVD Copy Control Assn. Inc. v. Bunner
Plaintiff cannot support inference that its program was trade secret when defendant posted it on internet. |
Antitrust |
|
Jul. 26, 2004 | |
|
B166421
|
People v. Black
Nolo contendere plea is still valid even if entered after expiration of time permitted for retrial when defendant's habeas petition is granted. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
A101244
|
Vernon v. State of California
State is not liable for policy that prohibited African-American firefighter from working because of facial hair. |
Employment Law |
|
Jul. 26, 2004 | |
|
S102371
|
Metropolitan Water District of Southern California v. Superior Court (Cargill)
Public Employees' Retirement Law requires contracting public agencies to enroll common law employees in state's public employees' retirement program. |
Employment Law |
|
Jul. 26, 2004 | |
|
F042018
|
Hernandez v. KWPH Enterprises
Defendant emergency medical technicians had no legal duty to prevent voluntary charge from leaving ambulance. |
Torts |
|
Jul. 26, 2004 | |
|
B161230
|
Moore v. Shaw
Drafting termination of trust agreement was not in furtherance of right of petition or free speech for purposes of anti-SLAPP statute. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
A100718
|
In re Marriage of Crosby
California law should be used in modifying Idaho child support order despite choice of law provision. |
Family Law |
|
Jul. 26, 2004 | |
|
G030438
|
People v. Fuentes
Battery is lesser included offense of robbery where accusatory pleading alleges taking was accomplished by fear and force. |
Criminal Law and Procedure |
|
Jul. 26, 2004 |