| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S124067
|
People v. Ibarra
Order |
|
Jul. 6, 2004 | ||
|
E033862
|
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University
|
|
Jul. 2, 2004 | ||
|
D042152
|
People v. Taylor
Jury's finding that bone fracture fell under definition of serious bodily injury was not equivalent to finding of great bodily injury. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
B163733
|
Cuevas v. Truline Corp.
Arbitrator's finding that big rig driver was one percent liable for accident does not bar future lawsuit. |
Torts |
|
Jul. 2, 2004 | |
|
B167032
|
Dial 800 v. Fesbinder
Court had subject matter jurisdiction over interpleader action despite agreement between defendants to arbitrate dispute before Israeli religious tribunal. |
Civil Procedure |
|
Jul. 2, 2004 | |
|
A102401
|
Paine v. Franchise Tax Board
State taxation of guaranteed payments for personal income tax purposes is same as for accrual and cash basis taxpayers. |
Taxation |
|
Jul. 2, 2004 | |
|
B165435
|
People v. Parks
Defendant's lack of implied consent to conviction of lesser related offense precludes court from convicting for attempted manslaughter. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
H026113
|
Venture Law Group v. Superior Court (Singhania)
Attorney of merged client corporation may not answer deposition questions without violating attorney-client privilege now held by successor corporation. |
Attorneys |
|
Jul. 2, 2004 | |
|
H025922
|
People v. Moore
Defendant's prior conviction for making terrorist threats in domestic dispute qualifies as strike under Three Strikes Law. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
G031165
|
Garabedian v. Los Angeles Cellular Telephone Co.
Court has independent duty to determine reasonableness of attorney fees despite language of settlement agreement. |
Civil Procedure |
|
Jul. 2, 2004 | |
|
B166087
|
Martinez v. Master Protection Corp.
Arbitration agreement was unconscionable, and court lacked authority to appoint alternative arbitrator. |
Civil Procedure |
|
Jul. 2, 2004 | |
|
C042769
|
People v. Arata
Court erred in imposing second restitution fine on defendant when it had already imposed one at probation. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
A099569
|
People v. Wells
Trial court properly excluded expert testimony regarding usual reactions of sexually abused children. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
B150919
|
People v. Cervantes
Statements made by defendants to neighbor regarding crime were admissible against co-defendants. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
B158008
|
HMS Capital Inc. v. Lawyers Title Co.
Denial of SLAPP motion was proper because party bringing malicious suit received favorable termination on merits of underlying suit. |
Civil Procedure |
|
Jul. 2, 2004 | |
|
A103129
|
Pettye v. City and County of San Francisco
Court erred in ruling that city board of supervisors, not voters, should have exclusive authority to set general assistance standards. |
Government |
|
Jul. 2, 2004 | |
|
A097378
|
People v. Bell
Court erred in giving jury instructions regarding late disclosure of statements by witnesses in attempted murder case. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
D039114
|
People v. Weaver
|
|
Jul. 2, 2004 | ||
|
S049389
|
People v. Lenart
Conviction and death sentence for first-degree murder are affirmed. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
S116358
|
Wiener v. Southcoast Childcare Centers
Neither childcare center or property owner are liable where driver intentionally drove his car through fence onto playground, killing and injuring children. |
Torts |
|
Jul. 2, 2004 | |
|
B167727
|
In re De Leon
|
|
Jul. 2, 2004 | ||
|
B171030
|
Hernandez v. Superior Court (Neal)
Death of plaintiff's trial attorney constituted good cause to continue trial date and reopen discovery. |
Civil Procedure |
|
Jul. 2, 2004 | |
|
B159689
|
Ritchie v. Konrad
Protection order should not be automatically extended if there is opposition to the extension and no reasonable fear of future abuse. |
Civil Procedure |
|
Jul. 2, 2004 | |
|
B158573
|
American Contractors Indemnity v. Saladino
Sureties' request to impress lien on funds of estate is premature because estate has not yet been made whole. |
Probate and Trusts |
|
Jul. 2, 2004 | |
|
G033116
|
People ex. rel. Lockyer v. Brar
Anti-SLAPP statute specifically exempts actions brought by public prosecutors, including Attorney General. |
Antitrust |
|
Jul. 2, 2004 | |
|
E033616
|
Rico v. Mitsubishi Motors Corp.
Attorney was properly disqualified for unethically using opposing party's work product privileged document. |
Attorneys |
|
Jul. 2, 2004 | |
|
D041385
|
People v. Chavez
Statute giving narcotics addicts, but not alcohol addicts, rehabilitation in lieu of prison time is upheld as reasonable. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
B160586
|
Rezec v. Sony Pictures Entertainment Inc.
Moviegoers' lawsuit against studio for advertising fabricated reviews is not strategic lawsuit against public participation. |
Civil Procedure |
|
Jul. 2, 2004 | |
|
A101749
|
People v. Putnam
|
|
Jul. 2, 2004 | ||
|
A101512
|
Oxy Resources California v. Superior Court (Calpine Natural Gas)
|
|
Jul. 2, 2004 |