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Name Category Published
Martinez v. City of Oxnard
Order
Jul. 30, 2003
Hayward v. Ventura Volvo
Court is not limited in awarding attorney fees to those incurred by plaintiff under contingency fee contract.
Attorneys Jul. 29, 2003
People v. Kons
Admission of statement which identified shooter was violation of defendant's confrontation clause right.
Criminal Law and Procedure Jul. 29, 2003
Martha C. v. Superior Court (People)
Court may not deny deferred entry of judgment because it wished to send message to other juvenile drug smugglers.
Juveniles Jul. 29, 2003
Eller Media Co. v. Community Redevelopment Agency
Application to construct billboards near historic buildings was properly denied.
Government Jul. 29, 2003
Boehm & Associates v. Workers' Compensation Appeals Board
Health care provider may sue to recover funds spent when employer failed to carry workers' compensation insurance.
Workers' Compensation Jul. 29, 2003
Hillsboro Properties v. Public Utilities Commission (Hambly)
Public Utilities Commission did not improperly usurp city's rent control jurisdiction.
Government Jul. 29, 2003
CUNA Mutual Life Insurance Co. v. Los Angeles County Metropolitan Transportation Authority
In inverse condemnation action, trial court erred by requiring property owner to show 'but for' mitigation efforts, damage would have occurred.
Real Property Jul. 29, 2003
Cossman v. DaimlerChrysler Corp.
Code of Civil Procedure Section 361 bars tort action which accrued in another state and plaintiff is non-resident.
Civil Procedure Jul. 29, 2003
People v. Jones
Kidnapping statute is not pre-empted by child abduction law.
Criminal Law and Procedure Jul. 29, 2003
People v. Buttram
Appellate court erroneously concluded probable cause certificate was necessary for defendant to assert abuse of sentencing discretion.
Criminal Law and Procedure Jul. 28, 2003
People v. Hammer
'One Strike' law applies to defendant with prior specified conviction that led to probation.
Criminal Law and Procedure Jul. 28, 2003
Parris v. Superior Court (Lowe's H.I.W. Inc.)
Precertification communication with potential plaintiffs of class action does not require court approval.
Civil Procedure Jul. 28, 2003
Olszewski v. Scripps Health
State statutes authorizing provider liens against Medi-Cal beneficiaries are pre-empted by federal law.
Constitutional Law Jul. 28, 2003
Winter v. DC Comics
Comic books that added creative elements to celebrity likeness were protected by First Amendment.
Constitutional Law Jul. 28, 2003
Eisendrath v. Superior Court (Rogers)
Communications made during confidential mediation cannot be disclosed without express waiver of parties.
Civil Procedure Jul. 28, 2003
People v. Guzman
Trial court did not err in revoking drug treatment probation where defendant made no effort to comply with probation and left country.
Criminal Law and Procedure Jul. 28, 2003
Dawson v. Toledano
Malpractice per se is not presumed when attorney is sanctioned; res judicata and collateral estoppel don't bar attorney from trial on merits.
Attorneys Jul. 28, 2003
People v. Ferguson
Exclusionary rule applies where search of defendant was based on erroneous information that he was on probation.
Criminal Law and Procedure Jul. 28, 2003
Twedt v. Franklin
Incorporation by attachment of written transcript that specifies reasons for grant of new trial complies with procedural requirements.
Civil Procedure Jul. 28, 2003
Oldham v. California Capital Fund Inc.
Without sufficient information, superior court could not have properly exercised its discretion in approving settlement.
Civil Procedure Jul. 28, 2003
Hernandez v. Paicius
Judge's comments regarding undocumented aliens requires retrial.
Judges Jul. 28, 2003
Robert L. v. Superior Court (People)
Alternate penalty provision directed at gang crime applies to both misdemeanors and felonies.
Criminal Law and Procedure Jul. 28, 2003
Scripps Health v. Superior Court (Reynolds)
Confidential occurrence reports prepared by hospital were protected by attorney-client privilege.
Attorneys Jul. 28, 2003
Ferguson v. Lieff, Cabraser, Heimann & Bernstein
Plaintiffs in legal malpractice action may not recover as compensatory damages punitive damages lost due to attorneys' negligence.
Torts Jul. 28, 2003
Ricardo L., a Minor
Jurisdictional order is reversed where social service agency failed to meet burden of proof under Welfare and Institutions Code.
Juveniles Jul. 28, 2003
Reeves v. Rocklin Unified School District
Anti-abortion activists do not have right to distribute literature on high school campus.
Constitutional Law Jul. 28, 2003
Wittkopf v. Los Angeles County
Order
Jul. 28, 2003
People v. Flores
Appellate court had authority to return case to trial court to determine whether criminal defendant had ability to pay attorney fees.
Criminal Law and Procedure Jul. 28, 2003
U.S. v. Cedano-Arellano
Court's refusal to permit defendant to conduct discovery regarding narcotics dog was harmless error.
Criminal Law and Procedure Jul. 25, 2003