| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D041856
|
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 | |
|
G031082
|
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 | |
|
G032076
|
People v. Johnson
Trial court erred by summarily denying defendant's 'Pitchess' motion. |
Criminal Law and Procedure |
|
Jul. 29, 2004 | |
|
C042707
|
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 | |
|
C037445
|
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 | |
|
F034110
|
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 | |
|
B170326
|
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 | |
|
B160568
|
Valentine v. Membrila Insurance Services Inc.
Stipulated judgment against policyholder does not create presumption of liability against insurance broker. |
Insurance |
|
Jul. 29, 2004 | |
|
S123054
|
Hicks v. Superior Court (Kaufman and Broad Home Corp.)
Order |
|
Jul. 29, 2004 | ||
|
C045469
|
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 | |
|
B168749
|
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 | |
|
B166041
|
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 | |
|
A101034
|
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 | |
|
A098565
|
People v. Moreda
Defendant was not entitled to have trial judge determine whether he deserved new trial. |
Criminal Law and Procedure |
|
Jul. 29, 2004 | |
|
B166146
|
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 | |
|
A102152
|
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 | |
|
S123905
|
Gradle v. Doppelmayr USA
Order |
|
Jul. 29, 2004 | ||
|
G033652
|
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 | |
|
S123074
|
People v. Smith
Order |
|
Jul. 29, 2004 | ||
|
H022727
|
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 | |
|
A102148
|
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 | |
|
A103022
|
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 | |
|
D040174
|
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 | |
|
D042212
|
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 | |
|
D041738
|
Fitz v. NCR Corp.
Arbitration clause in plaintiff's contract is unconscionable for failure to allow adequate discovery. |
Contracts |
|
Jul. 29, 2004 | |
|
B170729
|
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 | |
|
D043024
|
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 | |
|
S040471
|
People v. Pollock
Convictions and death sentence for defendant who committed two murders with knife are affirmed. |
Criminal Law and Procedure |
|
Jul. 29, 2004 | |
|
S104851
|
Haynes v. Farmers Insurance Exchange
Limiting provisions of insurance policy must be conspicuous and clear to layperson to be enforceable. |
Insurance |
|
Jul. 29, 2004 | |
|
B163347
|
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 |