| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S107154
|
Marriage of Goddard
Failure of trial court to introduce notice of trial as evidence was harmless error. |
Civil Procedure |
|
Jul. 25, 2004 | |
|
S123938
|
People v. Robinson
Order |
|
Jul. 25, 2004 | ||
|
S123808
|
Rico v. Mitsubishi
Order |
|
Jul. 25, 2004 | ||
|
B166803
|
Marriage of Gioia
Notice of abandonment indicating trustee 'may' abandon on specified date unambiguously stated intent to abandon when read with applicable statute and local rule. |
Bankruptcy |
|
Jul. 25, 2004 | |
|
S112816
|
Vendanta Society v. California Quartet
Order |
|
Jul. 25, 2004 | ||
|
S114715
|
Fletcher v. Davis
Attorney must obtain client's written consent to secure hourly fees by obtaining charging lien against future recovery because interest is adverse to client. |
Attorneys |
|
Jul. 25, 2004 | |
|
S123910
|
People v. Williams
Order |
|
Jul. 25, 2004 | ||
|
B165538
|
McLaughlin v. Walnut Properties Inc.
Rejection of commercial lease by bankruptcy trustee is considered breach as opposed to termination. |
Contracts |
|
Jul. 25, 2004 | |
|
F034897
|
People v. Hester
Police who stopped motorist believed to be involved in gang activity lacked probable cause to search vehicle. |
Criminal Law and Procedure |
|
Jul. 25, 2004 | |
|
A103685
|
Fredenburg v. City of Fremont
Police pin map that discloses sex offender's general location does not violate right to privacy. |
Constitutional Law |
|
Jul. 25, 2004 | |
|
S109123
|
Villa De Las Palmas Homeowners Assoc. v. Terifaj
Use restriction in amended declaration recorded subsequently to homeowner's purchase of condo is binding. |
Real Property |
|
Jul. 25, 2004 | |
|
G033356
|
Arroyo v. Superior Court (People)
Court may not continue felony defendant's trial beyond statutory period to maintain joinder with co-defendant absent fact-finding and balancing of interests. |
Criminal Law and Procedure |
|
Jul. 25, 2004 | |
|
C040840
|
Banning v. Newdow
Statute requiring father to pay attorney fees to mother of his child is not unconstitutional on its face. |
Constitutional Law |
|
Jul. 25, 2004 | |
|
D041829
|
Carver v. Chevron U.S.A. Inc.
Defendant that prevailed on issues that 'inextricably overlapped' Cartwright Act cannot recover attorney fees. |
Civil Procedure |
|
Jul. 25, 2004 | |
|
G032085
|
Bramalea California Inc. v. Reliable Interiors Inc.
Defendant is not entitled to recovery of attorney fees when it did not pay the fees out of its own pocket. |
Civil Procedure |
|
Jul. 25, 2004 | |
|
D042070
|
Mira Mar Mobile Community v. City of Oceanside (CH Oceanside)
Mobile home park's environmental challenge to nearby condominium development lacks merit. |
Environmental Law |
|
Jul. 25, 2004 | |
|
A103586
|
Henry V., a Minor
Absent clear and convincing evidence that out-of-home placement is necessary, child must remain in parental custody pending dependency proceeding. |
Family Law |
|
Jul. 25, 2004 | |
|
H026717
|
Marriage of Leonard
Court had good cause to deny father's request to have support reduction apply retroactively. |
Family Law |
|
Jul. 25, 2004 | |
|
C041274
|
People v. Jefferson
Evidence of insanity is not admissible in guilt phase to alter reasonable person standard for defense of self-defense. |
Criminal Law and Procedure |
|
Jul. 25, 2004 | |
|
B165939
|
Yeung v. Soos
Although evidentiary hearing in quiet title action was not properly conducted, default judgment is valid. |
Civil Procedure |
|
Jul. 25, 2004 | |
|
S029550
|
People v. Holloway
Defendant's conviction and death sentence for first-degree murder are affirmed. |
Criminal Law and Procedure |
|
Jul. 25, 2004 | |
|
S098158
|
John L. v. Superior Court (People)
Amended law modifying prior dispositions after probation violation may be applied to petitioners without offending ex post facto principles. |
Constitutional Law |
|
Jul. 25, 2004 | |
|
D042696
|
People v. Kellogg
Public intoxication statute is not cruel and unusual when applied to homeless alcoholic because it punishes conduct, not condition. |
Criminal Law and Procedure |
|
Jul. 25, 2004 | |
|
D041452
|
People v. Mullens
Where court admits propensity evidence of defendant's uncharged sex offense, it must also admit evidence of acquittal for that offense. |
Criminal Law and Procedure |
|
Jul. 25, 2004 | |
|
C042165
|
People v. Taylor
Defendant who punched pregnant girlfriend is guilty of murder of prematurely-born child. |
Criminal Law and Procedure |
|
Jul. 25, 2004 | |
|
03-69
|
Vytra Healthcare v. Cicio
Order |
|
Jul. 25, 2004 | ||
|
03-649
|
Cigna Healthcare of Florida v. Land
Order |
|
Jul. 25, 2004 | ||
|
S105909
|
Hagberg v. California Federal Bank FSB
Bank employee's statements to police regarding customer's possession of counterfeit check are absolutely privileged. |
Civil Procedure |
|
Jul. 23, 2004 | |
|
S105483
|
Mulder v. Pilot Air Freight
Privilege applies to communications made to local police if designed to prompt action by that entity. |
Civil Procedure |
|
Jul. 23, 2004 | |
|
B163469
|
Emma Corp. v. Inglewood Unified School District
School district's response to attempted bid withdrawal estopped it from enforcing construction contract. |
Government |
|
Jul. 23, 2004 |