| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D040210
|
People v. Harden
Trial court did not err by modifying jury instructions regarding felony-murder special circumstances. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
G029525
|
People v. Briceno
|
|
Oct. 24, 2003 | ||
|
H023393
|
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 | |
|
B155804
|
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 | |
|
C038907
|
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 | |
|
C041708
|
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 | |
|
A098729
|
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 | |
|
G031450
|
Marriage of Sellers
Court was required to issue statement of decision for postjudgment order reducing spousal support. |
Family Law |
|
Oct. 24, 2003 | |
|
A100618
|
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 | |
|
S040575
|
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 | |
|
E031683
|
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 | |
|
G030304
|
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 | |
|
110 Cal.App.4th 10
|
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 | |
|
H025176
|
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 | |
|
B162023
|
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 | |
|
F041200
|
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 | |
|
E032839
|
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 | |
|
C039662
|
Pacific State Bank v. Greene
Borrower may introduce parol evidence to show that bank misrepresented contents of loan agreement. |
Contracts |
|
Oct. 24, 2003 | |
|
B151800
|
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 | |
|
A097568
|
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 | |
|
F040610
|
People v. Garvin
Trial court was not required to instruct jury regarding special theory of self-defense. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
F039752
|
People v. Smith
Resumption of court trial after defendant's competency was restored was not error. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
F037618
|
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 | |
|
F030754
|
People v. Pizzaro
Murder conviction based on DNA evidence with inadequate foundation is reversed. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
C039919
|
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 | |
|
E031802
|
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 | |
|
D041470
|
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 | |
|
A099012
|
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 | |
|
C041065
|
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 | |
|
S109642
|
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 |
