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Name Category Published
Los Angeles Times v. Superior Court (People)
Secrecy of grand jury proceedings may extend to ancillary proceedings such as motion to quash hearings.
Government Jul. 22, 2004
People v. Pacific Bell
Possibility of conflict with pending Public Utilities Commission case does not preclude civil action against same utility.
Administrative Agencies Jul. 22, 2004
Hernandez v. Department of Transportation
Court erred in granting summary judgment where conflicting evidence existed regarding design immunity for lack of guardrails at accident site.
Civil Procedure Jul. 22, 2004
Mocek v. Alfa Leisure Inc.
Manufacturer of trailer that breached implied warranty of merchantability was not entitled to opportunity to repair defects.
Business Law Jul. 22, 2004
People v. Rivera
Defendant's felony convictions for exhibiting loaded firearm are reduced to misdemeanors.
Criminal Law and Procedure Jul. 22, 2004
American Airlines Inc. v. Superior Court (Di Marco)
Union representative's discussions with members are not privileged in wrongful termination case.
Civil Procedure Jul. 22, 2004
People v. Hamilton
Defendant's obligation to pay victim restitution is not offset by insurance benefits.
Criminal Law and Procedure Jul. 22, 2004
Stolman v. City of Los Angeles
Zoning administrator abuses discretion by granting variance to gas station in residential area.
Real Property Jul. 22, 2004
Espinoza v. Classic Pizza Inc.
Court improperly calculated employee's rate of pay in determining amount of overtime owed by employer.
Employment Law Jul. 22, 2004
People v. Wilson
After-arrest blood test of driver did not constitute an unreasonable search and seizure because of the evanescent nature of blood alcohol.
Criminal Law and Procedure Jul. 22, 2004
In re Renderos
Prosecution was not barred from applying extension to existing statute of limitations under newly enacted law.
Civil Procedure Jul. 22, 2004
People v. Carbajal
Conviction for indecent exposure does not require visual observation of exposed genitals.
Criminal Law and Procedure Jul. 22, 2004
People v. Medina
Admitting evidence of sexual offense not charged in defendant's present case did not constitute error.
Criminal Law and Procedure Jul. 22, 2004
Taxara v. Gutierrez
Administrator may rely on observations of others in fulfilling 15-minutes-of-continuous-observation requirement before giving breathalyzer test.
Administrative Agencies Jul. 22, 2004
Citi-Wide Preferred Couriers Inc. v. Golden Eagle Insurance Corp.
Lawsuit that seeks damages which only partially lack probable cause may trigger malicious prosecution claim.
Torts Jul. 22, 2004
In re Qawi
MDO may be compelled to take antipsychotic medication in non-emergency situation upon exhibiting incompetence or dangerous tendencies.
Criminal Law and Procedure Jul. 22, 2004
Rickley v. County of Los Angeles
Taxpayer may not obtain judicial determination of whether she is delinquent, but must pay taxes, exhaust administrative remedies, and, if necessary, sue for refund.
Taxation Jul. 22, 2004
In re Chavez
Legislature intended period of incarceration provided by amendment to the Revenue and Tax Code to apply retroactively.
Criminal Law and Procedure Jul. 22, 2004
People v. Valdez
Trial court did not err in failing to instruct jury sua sponte on second-degree murder.
Criminal Law and Procedure Jul. 22, 2004
MacDonald v. Gutierrez
Unsworn statement by arresting officer is admissible in administrative per se review hearing conducted by DMV.
Civil Procedure Jul. 22, 2004
Bowen v. Ziasun Technologies Inc.
State's unfair business and unfair competition statute does not apply to securities transactions.
Business Law Jul. 22, 2004
People v. Nem
Trial court did not instruct jury incorrectly on law of self-defense.
Criminal Law and Procedure Jul. 22, 2004
People v. Wolfe
Trial court's error in failing to give unanimity instruction to jury was harmless beyond reasonable doubt.
Criminal Law and Procedure Jul. 22, 2004
Khan v. Ashcroft
Immigration and Customs Enforcement not constitutionally required to translate master calendar hearing where petitioner was able to protect his interests at hearing.
Immigration Jul. 22, 2004
Carter v. Calif Dept. of Veterans Affairs
Order
Jul. 22, 2004
People v. Kanawyer
Defendant convicted of murdering grandparents was not entitled to jury instruction regarding voluntary manslaughter in heat of passion.
Criminal Law and Procedure Jul. 22, 2004
People v. Superior Court (Ortiz)
Possession of controlled substance by employee at state mental hospital is punishable as felony.
Criminal Law and Procedure Jul. 22, 2004
Redding Medical Center v. Bonta
Health care provider seeking Medi-Cal reimbursement for capital depreciation must submit to audit.
Government Jul. 22, 2004
Krupnick v. Duke Energy Morro Bay LLC
New statute that extended statute of limitations for personal injury actions does not apply retroactively.
Civil Procedure Jul. 22, 2004
Hagan Engineering Inc. v. Mills
Trial court lacked jurisdiction to enforce settlement agreement in case that had been dismissed with prejudice.
Civil Procedure Jul. 22, 2004