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Name Category Published
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
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
Gold v. Weissman
In legal malpractice action, attorney's representation of plaintiff was continuous and tolled statute of limitations.
Attorneys Jul. 26, 2004
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
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
Estate of Ford
Foster child of decedent failed to prove equitable adoption by clear and convincing evidence.
Family Law Jul. 26, 2004
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
Peace and Freedom Party v. Shelley
Law that excludes inactive voters from calculation of party affiliates passes constitutional muster.
Government Jul. 26, 2004
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
Ley v. State of California
State hospital is not liable for injuries inflicted on mentally disordered offender by fellow patient.
Government Jul. 26, 2004
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Hernandez v. KWPH Enterprises
Defendant emergency medical technicians had no legal duty to prevent voluntary charge from leaving ambulance.
Torts Jul. 26, 2004
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
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
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