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Name Category Published
People v. Lima
Defendant who engaged in high-speed chase that caused police to kill bystander is guilty of 'provocative act' murder.
Criminal Law and Procedure Jul. 29, 2004
Mesa Vista South Townhome Assn. v. California Portland Cement Co.
Supplier of housing concrete that sustained submicroscopic damage is liable for negligence.
Torts Jul. 29, 2004
People v. Johnson
Trial court erred by summarily denying defendant's 'Pitchess' motion.
Criminal Law and Procedure Jul. 29, 2004
F & H Construction v. ITT Hartford Insurance Co. of the Midwest
Use of inadequate pile caps during construction project was not 'property damage' under insurance policy.
Insurance Jul. 29, 2004
City of Lodi v. Randton
City's environmental ordinance is pre-empted by Hazardous Substance Account Act when applied to listed release sites.
Environmental Law Jul. 29, 2004
People v. Chavez
Although jury was improperly instructed on issue of intent in first-degree drive-by murder case, error was harmless.
Criminal Law and Procedure Jul. 29, 2004
People v. Vasquez
Statute of limitations to prosecute sex crimes is six years from occurrence or one year from reporting by victim.
Criminal Law and Procedure Jul. 29, 2004
Valentine v. Membrila Insurance Services Inc.
Stipulated judgment against policyholder does not create presumption of liability against insurance broker.
Insurance Jul. 29, 2004
Hicks v. Superior Court (Kaufman and Broad Home Corp.)
Order
Jul. 29, 2004
People v. Taylor
Judgment is modified to reflect new monetary penalties and surcharges that must be imposed on criminal defendant.
Criminal Law and Procedure Jul. 29, 2004
Franzosi v. Santa Monica Community College District
Tenured college instructor had 39 months from effective date of disability retirement to seek reinstatement.
Employment Law Jul. 29, 2004
Kashani v. Tsann Kuen China Enterprise Co. Ltd.
Plaintiffs may not recover damages for breach of contract when contract violates law and public policy.
Contracts Jul. 29, 2004
People v. Calhoun
In jury trial pursuant to Sexually Violent Predator Act, defendant is entitled to only six peremptory challenges.
Civil Procedure Jul. 29, 2004
People v. Moreda
Defendant was not entitled to have trial judge determine whether he deserved new trial.
Criminal Law and Procedure Jul. 29, 2004
People v. Mendoza
Defendant's acquittal motion properly denied because evidence was enough to support felony child molestation conviction.
Criminal Law and Procedure Jul. 29, 2004
Plancarte v. Guardsmark
Trial court did not abuse its discretion in denying plaintiff's motion for new trial based on newly discovered evidence.
Civil Procedure Jul. 29, 2004
Gradle v. Doppelmayr USA
Order
Jul. 29, 2004
Victoria S. v. Superior Court (Orange County Social Services Agency)
Order made to schedule permanency planning hearing for petitioner's daughter was not in error.
Family Law Jul. 29, 2004
People v. Smith
Order
Jul. 29, 2004
People v. Dominguez
Prejudicial error occurred in defendant's trial for murder when court failed to instruct jury on issue of complicity.
Criminal Law and Procedure Jul. 29, 2004
Zack v. Marin Emergency Radio Authority
Radio authority seeking to place emergency antenna in town is not subject to local zoning laws.
Government Jul. 29, 2004
Isayah C., a Minor
Court did not find by clear and convincing evidence that minor should have been removed from father's custody.
Family Law Jul. 29, 2004
People v. Williams
Trial court did not err in instructing jury about criminal liability for acts of agent.
Criminal Law and Procedure Jul. 29, 2004
Estate of Miramontes-Najera
Widow is entitled to one-half of community property funds in pay-on-death accounts transferred without her consent.
Probate and Trusts Jul. 29, 2004
Fitz v. NCR Corp.
Arbitration clause in plaintiff's contract is unconscionable for failure to allow adequate discovery.
Contracts Jul. 29, 2004
Chen v. Superior Court (Gill)
Trial court erred in approving payment of medical malpractice claim which was excluded by Insurance Code Section 1280.7.
Insurance Jul. 29, 2004
Citizens for Improved Sorrento Access Inc. v. City of San Diego
City had authority to close road to vehicular traffic based on legislative determination that it was no longer necessary.
Government Jul. 29, 2004
People v. Pollock
Convictions and death sentence for defendant who committed two murders with knife are affirmed.
Criminal Law and Procedure Jul. 29, 2004
Haynes v. Farmers Insurance Exchange
Limiting provisions of insurance policy must be conspicuous and clear to layperson to be enforceable.
Insurance Jul. 29, 2004
Guardian Angel Polich National Catholic Church of Los Angeles v. Grotnik
Parish that tried to separate from church loses right to keep parish property.
Real Property Jul. 29, 2004