| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-15366
|
Welch v. Carey
Prisoner who waited four and a half years to file second state habeas petition is not entitled to tolling of federal deadline. |
Criminal Law and Procedure |
|
Mar. 16, 2004 | |
|
H024214
|
Varian Medical Systems Inc. v. Delfino
|
|
Mar. 15, 2004 | ||
|
H025304
|
In re Smith
Governor will reconsider suitability of parole for defendant convicted of murdering wife. |
Criminal Law and Procedure |
|
Mar. 15, 2004 | |
|
A101652
|
Fisherman's Wharf Bay Cruise Corp. v. Superior Court (Blue and Gold Fleet Inc.)
Unfair Practices Act does not permit pricing of products below-cost even if pricing is reflected across all sales. |
Corporations |
|
Mar. 15, 2004 | |
|
B162971
|
People v. Arzate
Jury findings that defendant was guilty of both concealing and using firearm was logically inconsistent and must be stricken. |
Criminal Law and Procedure |
|
Mar. 15, 2004 | |
|
B159267
|
Everest Investors 8 v. McNeil Partners
Limited partners are not limited to derivative lawsuit to sue general partner for breach of fiduciary duty. |
Corporations |
|
Mar. 15, 2004 | |
|
A102182
|
Duran v. St. Luke's Hospital
Mother alleging medical malpractice that led to death of child is barred from suing because filing fee was $3 short. |
Civil Procedure |
|
Mar. 15, 2004 | |
|
C043461
|
People v. Amonson
Requiring developmentally disabled plaintiff to remain in locked treatment facility for specified period was not unreasonable. |
Criminal Law and Procedure |
|
Mar. 15, 2004 | |
|
A099383
|
People v. Krah
Court had jurisdiction to commit convicted child molester as sexually violent predator. |
Civil Procedure |
|
Mar. 15, 2004 | |
|
G031624
|
Ward General Insurance Services, Inc. v. The Employers Fire Insurance Company
Defendant insurance company is not obligated to cover losses that didn't result from direct physical loss. |
Insurance |
|
Mar. 15, 2004 | |
|
D040234
|
In re Marriage of Jensen
Parent of autistic child cannot require court to adjudicate child's personal interests once child turns 18 years of age. |
Family Law |
|
Mar. 15, 2004 | |
|
C042315
|
Westly v. U.S. Bancorp
Law that grants amnesty for return of unclaimed property does not apply to returns made before law was enacted. |
Government |
|
Mar. 15, 2004 | |
|
H025324
|
Gilbert v. City of San Jose
Before city can disclose personal information collected under gambling control ordinance, person must be notified and given opportunity to object. |
Constitutional Law |
|
Mar. 15, 2004 | |
|
B163416
|
Jespersen v. Zubiate-Beauchamp
Alleged malpractice did not arise out of attorneys' First Amendment right to petition. |
Attorneys |
|
Mar. 15, 2004 | |
|
D041180
|
Marriage of Tydlaska
Spouse who did not file current income and expense declaration was properly denied request to modify support. |
Family Law |
|
Mar. 15, 2004 | |
|
B162289
|
Estate of Rabinowitz
Witness acknowledgment of husband's power of attorney is valid even after husband's death. |
Probate and Trusts |
|
Mar. 15, 2004 | |
|
G031499
|
Hansen v. Hansen
Personal representative of a decedent's estate who is unlicensed to practice law may not appear in propria persona on behalf of the estate on matters outside probate proceedings. |
Probate and Trusts |
|
Mar. 15, 2004 | |
|
H024841
|
Santa Teresa Citizen Action Group v. City of San Jose
City's decision to extend water recycling program did not require preparation of second environmental impact report. |
Environmental Law |
|
Mar. 15, 2004 | |
|
H023768
|
People v. Petznick
Trial court's instructions on conspiracy to murder and torture-murder special circumstance were prejudicially erroneous. |
Criminal Law and Procedure |
|
Mar. 15, 2004 | |
|
H025229
|
People v. Superior Court (Cooper)
Legislature did not intend for relitigated motions grounded on review of suppression-motion denial to be included within Penal Code Section 1538.5(p). |
Civil Procedure |
|
Mar. 15, 2004 | |
|
H025036
|
People v. Swanson-Birabent
Evidence at preliminary hearing provided reasonable suspicion that defendant aided and abetted perpetrator to molest daughter. |
Criminal Law and Procedure |
|
Mar. 15, 2004 | |
|
F041719
|
People v. Granite State Insurance Co.
Trial court did not lose jurisdiction to enter summary judgment on bail bond 90 days after expiration of extended 185-day period. |
Criminal Law and Procedure |
|
Mar. 15, 2004 | |
|
C043859
|
Jacklyn F., a Minor
Termination of parental rights was improper because mother did not meet requirements of abandonment under Family Code. |
Family Law |
|
Mar. 15, 2004 | |
|
B163195
|
A.A.. a Minor
Court erred in granting presumed father status to man who had little involvement with child. |
Family Law |
|
Mar. 15, 2004 | |
|
G031275
|
Quintero v. City of Santa Ana
City employee was deprived of fair hearing because city attorney represented both employer and personnel board. |
Attorneys |
|
Mar. 15, 2004 | |
|
C041080
|
People v. Black
Reference to prosecution as 'People of State of California' did not violate defendant's right to fair trial. |
Criminal Law and Procedure |
|
Mar. 15, 2004 | |
|
B167449
|
Edamerica Inc. v. Superior Court (Jung)
Landlord is not liable for demanding 'key money' when tenant rejects demand and parties do not enter into new lease agreement. |
Real Property |
|
Mar. 15, 2004 | |
|
B164141
|
Automotive Funding Group, Inc. v. Garamendi
Debt cancellation program offered by car finance lender was not insurance subject to regulation. |
Insurance |
|
Mar. 15, 2004 | |
|
G031624
|
Ward General Insurance Services inc. v. The Employers Fire Insurance Company
|
|
Mar. 15, 2004 | ||
|
A098704
|
Gutierrez v. Autowest Inc.
Re-publication |
|
Mar. 15, 2004 |
