| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G030846
|
Lundahl v. Telford
Husband may be subject to spousal support proceedings in multiple states. |
Family Law |
|
Jul. 26, 2004 | |
|
G031703
|
Miner v. Tustin Avenue Investors
Landlord did not meet its burden of establishing tenant did not have lease renewal option. |
Contracts |
|
Jul. 26, 2004 | |
|
C042540
|
People v. Burnett
Omission of sex offender fine on silent record does not constitute unauthorized sentence that may be corrected on appeal. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
G027470
|
People v. Quach
Defendant was entitled to self-defense instruction including counter assault that was so sudden he had no opportunity to decline. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
C044894
|
Brown v. Superior Court (Cyclon Corp.)
In underlying action, trial court had no power to adjudicate validity and amount of attorney contractual lien. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
G032386
|
Addam v. Superior Court (Melanie Addam)
Sibling relationship between lawyer and opposing party's physician is insufficient to preclude lawyer from representing client. |
Attorneys |
|
Jul. 26, 2004 | |
|
C041796
|
Hanshaw v. Long Valley Road Assn.
Failure to complete statutory dedication does not negate possibility of common law dedication. |
Real Property |
|
Jul. 26, 2004 | |
|
D040854
|
People v. R.J. Reynolds Tobacco Co.
Imposition of sanctions was erroneous where trial court did not provide adequate rationale for amount of sanctions imposed. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
B166017
|
People v. Baird
Crime of distributing child pornography to minor is punishable as felony. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
F042031
|
Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co.
Plaintiff's lawsuit for breach of contract was timely because defendant failed to perform during successive months. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
S098817
|
Covenant Care Inc. v. Superior Court (Inclan)
Plaintiff seeking heightened remedies under Elder Abuse Act need not comply with Code of Civil Procedure Section 425.13 to claim punitive damages. |
Torts |
|
Jul. 26, 2004 | |
|
00-55784
|
Hason v. Medical Board of Calif.
Court should not have dismissed disability discrimination complaint against state medical board. |
Civil Rights |
|
Jul. 26, 2004 | |
|
A098487
|
Lathrop v. Healthcare Partners Medical Group
Medical group is subject to $250,000 cap on noneconomic damages even though it is not "health care provider" as defined by MICRA. |
Torts |
|
Jul. 26, 2004 | |
|
B166116
|
Marriage of Chakko
Because father continually abused discovery process, court properly entered order declaring his income at $40,000 per month. |
Family Law |
|
Jul. 26, 2004 | |
|
S104995
|
People v. Toney
Penal Code Section 1538.5's prohibition on refiling dismissed charges does not bar reinstatement of complaint under Section 871.5. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
S100360
|
People v. Posey
Venue is question of law for court to be decided prior to trial. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
D042335
|
Jones v. Superior Court (People)
Proposition 115 reciprocal discovery provisions set forth in Criminal Discovery Statute do not apply in probation revocation hearing. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
B162350
|
Childs v. County of Santa Barbara
Child injured while riding scooter on uplifted sidewalk may sue county for dangerous condition. |
Torts |
|
Jul. 26, 2004 | |
|
D040637
|
Rancho Santa Fe Assn. v. Dolan-King
Trial court did not err in directing partial verdict on validity of certain land use regulations. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
B160390
|
People v. Collins
Body cavity search of prison inmate did not violate the 4th Amendment as it was reasonable under circumstances. |
Constitutional Law |
|
Jul. 26, 2004 | |
|
A104920
|
Zaremberg v. Superior Court (Shelley)
Referendum petition to overturn Health Insurance Act of 2003 is eligible for statewide ballot. |
Government |
|
Jul. 26, 2004 | |
|
B169994
|
California Fair Plan Assn. v. Superior Court (Darwish)
Insured's failure to submit to examination under oath bars action against insurer for recovery of loss. |
Insurance |
|
Jul. 26, 2004 | |
|
D043257
|
In re A.A. v. Superior Court (People)
Court erred in requiring minor to remain in custody while several continuances were granted in case. |
Family Law |
|
Jul. 26, 2004 | |
|
A100590
|
Colleen S., a Minor
Court's suspension of juvenile's driver's license for vehicular manslaughter is limited to 12 months. |
Juveniles |
|
Jul. 26, 2004 | |
|
A101235
|
Moraga-Orinda Fire Protection District v. Weir (Moraga Del Rey Homeowners Assn.)
Homeowners association that faced lawsuit after submitting statements in voter pamphlet is entitled to attorney fees under anti-SLAPP law. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
B159011
|
Lockheed Litigation Cases
Trial court did not err by excluding expert's declaration that did not provide reasonable basis for opinion. |
Civil Procedure |
|
Jul. 26, 2004 | |
|
19545-7
|
State v. Blakely
State did not violate defendant's plea agreement by presenting evidence supporting exceptional sentence. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
S024416
|
People v. Cleveland
In death penalty case, defendants' argument that bifurcated trial was prejudicial error was rejected. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
A104727
|
Contra Costa County Children and Family Services Bureau v. Superior Court (Lynda O.)
Juvenile court did not violate mother's due process rights by appointing guardian ad litem. |
Family Law |
|
Jul. 26, 2004 | |
|
B170615
|
Centeno v. Superior Court (People)
Trial court must consider whether proposed tests of defendant are reasonably related to issue of mental retardation. |
Criminal Law and Procedure |
|
Jul. 26, 2004 |