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Name Category Published
Koo v. Rubio's Restaurants Inc.
It was abuse of discretion for court to disqualify law firm based on attorney's erroneous statement that firm represented both managers and corporation. 		Attorneys Aug. 11, 2003
People v. Lobato
Verdict for weight enhancement related to count of conspiracy need not expressly include substantial involvement element. 		Criminal Law and Procedure Aug. 11, 2003
Kalai v. Gray
There is no waiver of right to arbitrate by filing suit in court; attorney fees must be awarded per arbitration agreement. 		Civil Procedure Aug. 11, 2003
Rosen v. State Farm General Insurance Co.
Homeowner not covered for imminent collapse of decks when insurance policy expressly defines collapse as actual, not imminent, collapse. 		Insurance Aug. 11, 2003
Herr v. Nestle U.S.A. Inc.
Trial court properly enjoined corporation, pursuant to Unfair Competition Law, from discriminating against employees age 40 and over. 		Employment Law Aug. 11, 2003
Founding Members of Newport Beach Country Club v. Newport Beach Country Club Inc.
Seller of country club was not required to extend right of first offer to members who had not yet formed organization. 		Contracts Aug. 11, 2003
Story v. Superior Court (People)
Records of psychotherapy ordered as condition of probation are protected from disclosure by psychotherapist-patient privilege. 		Criminal Law and Procedure Aug. 11, 2003
In re Eddie M.
Reducing burden of proof to preponderance of evidence for noncriminal probation violations is constitutional. 		Juveniles Aug. 11, 2003
Lantzy v. Centex Homes
10-year statute of limitations for actions to recover for latent construction defects is subject to equitable tolling during periods of repair. 		Torts Aug. 11, 2003
In re Zeth S.
In dependency case on appeal, minor's appellate counsel should submit affidavits or other evidence supporting position different from minor's trial counsel. 		Juveniles Aug. 11, 2003
Davis v. State Bar
Attorney breaches fiduciary duties to corporate client when attorney chooses to advise one board member against interests of others. 		Attorneys Aug. 11, 2003
People v. Montes
Ten-year street gang enhancement was improper for gang member sentenced to life for attempted second degree murder. 		Criminal Law and Procedure Aug. 11, 2003
People v. Torres
Order 		Aug. 11, 2003
People v. Gordon
Order 		Aug. 11, 2003
In re Celine R., a Minor
Order 		Aug. 11, 2003
Black on Habeas Corpus
Order 		Criminal Law and Procedure Aug. 11, 2003
Kahn v. Lasorda's Dugout Inc.
Trial court should have considered whether to accept copies of documents rather than originals at default prove-up hearing. 		Civil Procedure Aug. 11, 2003
People v. Szymanski
Denial of challenge for cause as to juror is abuse of court's discretion. 		Criminal Law and Procedure Aug. 11, 2003
Byars v. SCME Mortgage Bankers Inc.
Lender was authorized to pay rebate to mortgage broker on loan with limited origination fees. 		Banking Aug. 11, 2003
People v. Meloney
Court adjudicating defendant's 'secondary offense' may apply stay in sentence enhancement in two different ways. 		Criminal Law and Procedure Aug. 11, 2003
In re Varnell
Courts may not use Penal Code Section 1385 to disregard sentencing factors of Proposition 36. 		Criminal Law and Procedure Aug. 11, 2003
Silvio v. Ford Motor Co.
Aug. 11, 2003
Moore v. Anderson Zeigler Disharoon Gallagher & Gray
Attorney has no duty to beneficiaries of will to determine whether client has testamentary capacity to amend will. 		Attorneys Aug. 11, 2003
Peracchi v. Superior Court (People)
Defendant who obtains reversal of conviction cannot seek to disqualify trial judge whose sole task is resentencing. 		Judges Aug. 11, 2003
Viner v. Sweet
When alleged malpractice occurred in performance of transactional work, client must still prove causation element. 		Attorneys Aug. 11, 2003
Marriage of Graham
Court abused its discretion in applying excessive hourly rate to determine parent's gross monthly income. 		Family Law Aug. 11, 2003
Century Surety Co. v. United Pacific Insurance Co.
Aug. 11, 2003
State of California Dept. of Rehabilitation v. Workers' Compensation Appeals Board
Once employee's injury is permanent and stationary, and he returns to work, employee is no longer entitled to temporary disability indemnity. 		Workers' Compensation Aug. 11, 2003
Palmer v. GTE California Inc.
Service of copy of file-stamped judgment triggers time period to seek new trial or judgment notwithstanding verdict. 		Civil Procedure Aug. 11, 2003
People v. Sanders
Law enforcement officers exceed scope of protective sweep when they search entire apartment and cocaine seized must be suppressed. 		Criminal Law and Procedure Aug. 10, 2003
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