| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-71505
|
Metropolitan Stevedore Co. v. Cresent Wharf and Warehouse Co.
Company that employed worker for one day is liable for injury that had been aggravated over several years. |
Workers' Compensation |
|
Oct. 15, 2003 | |
|
A091576
|
People v. Nguyen
Jury should have had opportunity to convict defendants of conspiracy rather than first-degree murder. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
D040605
|
Nestande v. Watson (Songstad)
Because county and real party in interest were not opposing parties, trial court properly denied motion for attorney fees. |
Attorneys |
|
Oct. 15, 2003 | |
|
B159423
|
People v. Butler
Temporary detention of defendant was justified, therefore, trial court was not required to suppress evidence under Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B164153
|
Alan v. Superior Court (UBS PaineWebber Inc.)
Where forum selected for arbitration declines to hear matter, dispute is to be tried in court unless out-of-state location is proper. |
Civil Procedure |
|
Oct. 15, 2003 | |
|
B159581
|
Artal v. Allen
Plaintiff appropriately filed malpractice action within one year of being aware of her injury and its negligent cause. |
Torts |
|
Oct. 15, 2003 | |
|
B158338
|
People v. Stern
Evidence of uncharged offense properly admitted to corroborate victim's testimony. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B162197
|
City of Long Beach v. California Citizens for Neighborhood Empowerment
Anti-SLAPP statute does not apply to city's enforcement action against organization alleged to have violated municipal codes. |
Civil Procedure |
|
Oct. 15, 2003 | |
|
B161515
|
S.H., a Minor
Juvenile court may not allow child to determine whether parental visitation should occur. |
Family Law |
|
Oct. 15, 2003 | |
|
A101128
|
Medical Board of California v. Superior Court (Liskey)
Mere failure by physician to complete successfully diversion program is not basis for discipline under Business and Professions Code Section 2354. |
Administrative Agencies |
|
Oct. 15, 2003 | |
|
D040213
|
Morgenstern v. Dept. of Motor Vehicles
Trial court erred in concluding officer's testimony at administrative hearing was inadmissible to support license suspension decision. |
Administrative Agencies |
|
Oct. 15, 2003 | |
|
B155739
|
Durant v. Los Angeles Unified School District
Student who was shot off-campus following repeated threats may sue school district for negligent supervision. |
Torts |
|
Oct. 15, 2003 | |
|
B162003
|
People v. Foster
Regardless of propriety of prosecution's questions to defendant, defendant failed to establish ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B166963
|
People v. Superior Court (Vasquez)
Under plea bargain, only remedy to which defendant was entitled to in response to SVP petition was withdrawal of his plea. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
H024665
|
Jaramillo v. JH Real Estate Partners Inc.
Lease provision requiring tenants to arbitrate personal injury dispute was invalid. |
Contracts |
|
Oct. 15, 2003 | |
|
B158819
|
Bragg v. Valdez
Psychiatrist who releases patient for lack of health insurance may be liable to patient and any person that patient injures. |
Torts |
|
Oct. 15, 2003 | |
|
C042092
|
People v. Cooke
Defendant's waiver of conduct credits while in county jail did not apply to conduct credits while in state prison. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
A098484
|
USS-Posco Industries v. Edwards
Employer may seek restraining order on behalf of employee who was not specifically targeted by harasser. |
Civil Procedure |
|
Oct. 15, 2003 | |
|
F040016
|
Moore v. Wal-Mart Stores Inc.
Court erred in eliminating actual or constructive notice requirment from jury instruction in slip-and-fall case. |
Torts |
|
Oct. 15, 2003 | |
|
A097959
|
Lee v. Yang
Jilted fiancee who had joint interest in checking account could withdraw funds without restriction. |
Banking |
|
Oct. 15, 2003 | |
|
C039827
|
M. Perez Co. Inc. v. Base Camp Condominiums Assn. No. One
Party who unsuccessfully sought attorney fees is not necessarily liable for such fees to opposing party. |
Civil Procedure |
|
Oct. 15, 2003 | |
|
S116992
|
Bustamonte v. Flores
Order |
|
Oct. 15, 2003 | ||
|
S117248
|
City of Anaheim v. Pacific Bell Telephone Co.
Order |
|
Oct. 15, 2003 | ||
|
02-35144
|
Bailey v. Rae
State violated defendant's due process rights by failing to disclose therapy reports regarding victim's mental capacity. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
02-30245
|
U.S. v. MacDonald
District court did not abuse its discretion in applying enhancement for disposal or discharge of hazardous waste. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
02-55658
|
Carafano v. Metrosplash.com Inc.
Commercial Internet dating service is immune from liability for false content provided by unknown third party. |
Civil Procedure |
|
Oct. 15, 2003 | |
|
B160306
|
People v. Parham
Res judicata bars prosecution from retrying defendant as mentally disordered offender based on same qualifying offense. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
A098568
|
Huynh v. Vu
Husband who encouraged wife to breach contract may be immune under 'manager's privilege.' |
Torts |
|
Oct. 15, 2003 | |
|
H019719
|
People v. Totari
Court will consider whether alien who challenged convictions 13 years after they were entered exercised due diligence. |
Immigration |
|
Oct. 15, 2003 | |
|
H024865
|
County of Santa Clara v. Wilson
Court lacked power to eliminate child support arrearages that accrued before parent filed modification motion. |
Family Law |
|
Oct. 15, 2003 |