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Name Category Published
People v. Cockburn
State may elect to prosecute defendant under general child abuse statute even if special statute is available.
Criminal Law and Procedure Nov. 25, 2003
People v. Johnson
Gang member sentenced to life in prison is not eligible for enhancement of 10-year consecutive term.
Criminal Law and Procedure Nov. 25, 2003
People v. Lopez
Carjacking occurs even if vehicle is not physically moved.
Criminal Law and Procedure Nov. 21, 2003
Encinitas Country Day School, Inc. v. California Coastal Commission
California Coastal Commission failed to determine within 49-day period whether issuance of permit was proper.
Environmental Law Nov. 21, 2003
Friends of the Eel River v. Sonoma County Water Agency (Pacific Gas & Electric)
Environmental Impact Report which addressed withdrawal of water from Russian River was inadequate under CEQA.
Environmental Law Nov. 21, 2003
Farmer Bros. Co. v. Franchise Tax Board
Dividends received deduction violates commerce clause by discriminating against corporations engaged in interstate commerce.
Taxation Nov. 21, 2003
Fair Political Practices Commission v. Californians Against Corruption
Failure to challenge authority of de facto officers at earlier proceeding precludes this assertion in later proceeding.
Corporations Nov. 21, 2003
Buena Park Motel Association v. City of Buena Park
City ordinance restricting extended stays at motels is not unlawful taking of private property.
Real Property Nov. 21, 2003
Do v. Superior Court (Nguyen)
Attorney representing client pro bono may still seek monetary sanctions for discovery violations.
Civil Procedure Nov. 21, 2003
Burch v. Children's Hospital of Orange County Thrift Stores Inc.
Unapportioned settlement offer made to multiple defendants not valid, so prejudgment interest and expert witness costs not recoverable.
Torts Nov. 21, 2003
Grant v. Comp USA Inc.
Employee alleging discrimination was entitled to sue when agency failed to issue right-to-sue letter within year of filing of complaint.
Employment Law Nov. 21, 2003
Escalante v. Wilson's Art Studio Inc.
Employer may terminate at-will employee for engaging in self-defense when retreat was possible.
Employment Law Nov. 21, 2003
City of Carlsbad v. Rudvalis
City that initiated road project is not liable for damages caused by resulting urbanization.
Government Nov. 21, 2003
Atkinson v. Elk Corp.
Defective shingles that were included in roofing system do not give rise to claim under Song-Beverly Act.
Business Law Nov. 21, 2003
Central and West Basin Water Replenishment District v. Southern California Water Co.
Entities that enjoy right to extract water from basin do not have right to storage space in basin.
Administrative Agencies Nov. 21, 2003
Butler v. Bell Helicopter Textron Inc.
Helicopter manufacturer that withheld information from federal agency may be liable for crash.
Torts Nov. 21, 2003
Germino v. Hillyer
Trustees' failure to strictly comply with notice requirements pursuant to Probate Code Section 16061.7 was not prejudicial.
Probate and Trusts Nov. 21, 2003
Hanjin International Corp. v. Los Angeles County Metropolitan Transportation Authority
Four-year statute of limitations applies to action for refund of overpayment of special benefit assessment.
Taxation Nov. 21, 2003
City of Hawthorne v. H&C Disposal Co.
Nov. 21, 2003
Cziraki v. Thunder Cats Inc.
Court must consider attorney fees for minority shareholder who was successful in derivative lawsuit.
Corporations Nov. 21, 2003
People v. Lopez
Order
Nov. 21, 2003
Colt v. Freedom Communications Inc.
Lawsuit against newspaper was properly struck as strategic lawsuit against public participation.
Civil Procedure Nov. 21, 2003
Commonwealth Energy Corp. v. Investor Data Exchange Inc.
Because telemarketer was pitching product and not information of public interest, plaintiff's suit was not subject to anti-SLAPP statute.
Civil Procedure Nov. 21, 2003
Estate of Strader (Hixon v. Grant)
No-contest clause was not violated when beneficiaries sought a distribution request in the final account of the probate estate.
Probate and Trusts Nov. 21, 2003
Ferris v. Gatke Corp.
Court did not err in barring plaintiff from pursuing burden-shifting market share theory of tort liability in asbestos action.
Torts Nov. 21, 2003
Fenn v. Workers' Compensation Appeals Board
Firefighter receiving salary while on disability leave is not entitled to FLSA benefits.
Workers' Compensation Nov. 21, 2003
Brutoco Engineering & Construction Inc. v. Superior Court (United Engineering Technology Inc.)
Court was not required to consider proposed arbitrators who were not certified by Public Works Arbitration Committee.
Civil Procedure Nov. 21, 2003
Association of Irritated Residents v. County of Madera
County adequately considered environmental impacts in approving construction of dairy.
Environmental Law Nov. 21, 2003
Basurco v. 21st Century Insurance Co.
Class is not certified because common questions of law and fact did not predominate and class action is not superior to individual lawsuits.
Civil Procedure Nov. 21, 2003
Dept. of Fair Employment and Housing v. Verizon California Inc.
Employee's state law claim regarding paid time off is substantially dependent on collective bargaining agreement and thus pre-empted by federal law.
Labor Law Nov. 21, 2003