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Name Category Published
People v. Harden
Trial court did not err by modifying jury instructions regarding felony-murder special circumstances.
Criminal Law and Procedure Oct. 24, 2003
People v. Briceno
Oct. 24, 2003
People v. Burnett
Defendant who threw motorist's dog into oncoming traffic after being rear-ended is guilty of animal cruelty.
Criminal Law and Procedure Oct. 24, 2003
Kaufman v. ACS Systems Inc.
Plaintiffs have private right of action to pursue claim under federal Telephone Consumer Protection Act in state court.
Business Law Oct. 24, 2003
Marie Y. v. General Star Indemnity Co.
Insurer had no duty under professional liability policy to indemnify dentist for allegations of sexual misconduct.
Insurance Oct. 24, 2003
Hastings v. Dept. of Corrections
Employee seeking accommodation is not entitled to reassignment to position in different civil service classification without first complying with competitive examination process.
Employment Law Oct. 24, 2003
J.H. McKnight Ranch Inc. v. Franchise Tax Board
Tax board that had actual notice of refund claim cannot assert taxpayer failed to exhaust administrative remedies.
Taxation Oct. 24, 2003
Marriage of Sellers
Court was required to issue statement of decision for postjudgment order reducing spousal support.
Family Law Oct. 24, 2003
Beard v. Goodrich
Attorney is not entitled to court awarded fees where parties agreed to vacate judgment in underlying action; fee contract controls.
Attorneys Oct. 24, 2003
People v. Marks
Substantial evidence supports jury's competency finding of defendant convicted of multiple murders and sentenced to death.
Criminal Law and Procedure Oct. 24, 2003
Hamilton v. Martinelli & Associates
Doctrine of primary assumption of risk bars employee's tort claims for injury caused by participation in training course.
Torts Oct. 24, 2003
Mosby v. Liberty Mutual Insurance Co.
Insurer that reported employee to district attorney for worker's compensation fraud may be liable for malicious prosecution.
Workers' Compensation Oct. 24, 2003
In re Vitamin Cases
Award of attorney fees in class action suits is remanded to trial court for further review and explanation.
Attorneys Oct. 24, 2003
Marriage of Bereznak
Stipulation by parties submitting future child support modification to binding arbitration, is void to extent it deprives court's jurisdiction to modify child support.
Family Law Oct. 24, 2003
People v. Smith
Juvenile adjudication obtained without jury trial may be used to enhance adult offender's sentence.
Criminal Law and Procedure Oct. 24, 2003
Protect Our Water v. County of Merced (Calaveras Materials Inc.)
Because record to court does not evidence agency's compliance with California Environmental Quality Act, approval of project is reversed.
Environmental Law Oct. 24, 2003
Gilmer v. State Farm Mutual Automobile Insurance Co.
Insurance company not required to provide coverage for permissive user of nonowned vehicle.
Insurance Oct. 24, 2003
Pacific State Bank v. Greene
Borrower may introduce parol evidence to show that bank misrepresented contents of loan agreement.
Contracts Oct. 24, 2003
Sakiyama v. AMF Bowling Centers Inc.
Owner of facility where 'rave' party was held did not owe duty of care to partygoers.
Torts Oct. 24, 2003
In re Retirement Cases
Court's holding that items of compensation paid in cash must be included in categories upon which employee's pension based, must be applied retroactively.
Government Oct. 24, 2003
People v. Garvin
Trial court was not required to instruct jury regarding special theory of self-defense.
Criminal Law and Procedure Oct. 24, 2003
People v. Smith
Resumption of court trial after defendant's competency was restored was not error.
Criminal Law and Procedure Oct. 24, 2003
M.W. v. Panama Buena Vista Union School District
School district owed duty to protect student from campus assault prior to school hours.
Torts Oct. 24, 2003
People v. Pizzaro
Murder conviction based on DNA evidence with inadequate foundation is reversed.
Criminal Law and Procedure Oct. 24, 2003
Hoblitzell v. City of Ione
City is not vicariously liable for employee misconduct committed outside city limits and for personal motives.
Torts Oct. 24, 2003
Ralph's Grocery Co. v. California Dept. of Food and Agriculture (Sealer of Weights and Measures of the County of Riverside)
Penal Code prohibits duplicative fines under Business and Professions Code Sections 12023 and 12024 for mislabeling same packages of seafood.
Business Law Oct. 24, 2003
Daniel M., a Minor
Unwed father, whose paternity hasn't been acknowledged or established, doesn't have standing to challenge violation of Indian Child Welfare Act's notice provisions.
Juveniles Oct. 24, 2003
Hartford Casualty Insurance Co. v. Travelers Indemnity Co.
Landlord is an additional insured under tenant's insurance policy; coverage not limited to liability directly caused by tenant.
Insurance Oct. 24, 2003
People v. Ranger Insurance Co.
Notice of reinstatement of bail given to bail agent did not require separate notice to surety.
Insurance Oct. 24, 2003
Guillory v. Superior Court (People)
Prosecution under Welfare and Institutions Code Section 602(b) may be initiated by grand jury indictment.
Criminal Law and Procedure Oct. 24, 2003