Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S103746
|
People v. Kramer
Sentencing court must consider both underlying offense and enhancements in determining sentence under Penal Code Section 654. |
Criminal Law and Procedure |
|
Feb. 21, 2003 | |
A091299
|
Gauss v. GAF Corporation
|
|
Feb. 21, 2003 | ||
E029823
|
Gibson v. World Savings and Loan Association
|
|
Feb. 21, 2003 | ||
G027838
|
People v. Valot
|
|
Feb. 21, 2003 | ||
C036703
|
People v. Miceli
|
|
Feb. 21, 2003 | ||
B152420
|
People v. McGee
|
|
Feb. 21, 2003 | ||
D038865
|
Rolfe v. California Transportation Commission (San Diego Regional Transportation Commission)
California Dept. of Transportation need not obtain legislative approval before acquiring park property and converting it for nonpark use. |
Real Property |
|
Feb. 20, 2003 | |
D038685
|
San Diego Police Officers' Association v. City of San Diego Civil Service Commission
Peace officer personnel records under Penal Code Section 832.8 are confidential in context of disciplinary appeal hearings. |
Government |
|
Feb. 20, 2003 | |
C039506
|
Stuart S., a Minor
Where dependant minor's placement is not stable, current permanency plan is long-term foster care. |
Family Law |
|
Feb. 20, 2003 | |
A093514
|
People v. Edgar
Jury instruction was erroneous as to knowledge requirement of sex offender notice statute. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
E031146
|
Suzanna L., a Minor
Notice provision of Indian Child Welfare Act must be followed even if child has no existing Indian family. |
Native American Affairs |
|
Feb. 20, 2003 | |
D039937
|
Megan S., a Minor
Terminating parental rights did not substantially interfere with child's relationship with adult sister. |
Family Law |
|
Feb. 20, 2003 | |
A094731
|
Marriage of Nicholson
Separate property used to pay off community credit card debt so couple could purchase home is not reimbursable. |
Family Law |
|
Feb. 20, 2003 | |
C040139
|
Californians Against Waste v. Dept. of Conservation
'Processing fee' under California Beverage Container Recycling and Litter Reduction Act is calculated according to sales-based formula. |
Environmental Law |
|
Feb. 20, 2003 | |
F038052
|
People v. Breazell
Court erroneously imposed criminal fine when defendant had already been fined under separate statute. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
A097404
|
Low v. Golden Eagle Insurance Co.
Insurer had no duty to defend employer facing defamation suit from employee. |
Insurance |
|
Feb. 20, 2003 | |
B157220
|
Yao v. Superior Court(Lovell)
Statute requiring out-of-state plaintiff to file undertaking securing costs and fees doesn't apply to out-of-state defendant who files cross-complaint. |
Civil Procedure |
|
Feb. 20, 2003 | |
B153046
|
People v. Bojorquez
Testimony by prosecution's witness regarding gangs' criminal tendencies is prejudicial error. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
B155292
|
Dabney v. Dabney
Court's order directing trust beneficicary to execute documents for lot line adjustment was improper. |
Probate and Trusts |
|
Feb. 20, 2003 | |
B154786
|
People v. Augborne
For gang enhancement purposes, prosecutor has no duty to prove persons perpetrating predicate offenses were gang members when crimes were committed. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
B157432
|
Everett v. Superior Court (Premiere Parks Inc.)
African-American expelled from amusement park for cutting in line may sue under state civil rights law. |
Civil Rights |
|
Feb. 20, 2003 | |
H024037
|
Erik P., a Minor
Sibling relationship that is not sufficiently substantial does not provide exception to termination of parental rights. |
Family Law |
|
Feb. 20, 2003 | |
A097606
|
Joann E., a Minor
Appointment of guardian ad litem for child's caregiver was in violation of right to due process where there was no notice nor hearing. |
Family Law |
|
Feb. 20, 2003 | |
C039621
|
People v. Britt
'Special versus general' doctrine does not apply to defeat sex offender's burglary conviction. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
C034625
|
Rieger v. Arnold
In sexual harassment action, employee's prior sexual conduct at workplace is admissible. |
Employment Law |
|
Feb. 20, 2003 | |
A093974
|
American Home Assurance Co. v. Societe Commerciale Toutelectric
Foreign corporation waived right to conduct discovery under Hague Convention. |
Civil Procedure |
|
Feb. 20, 2003 | |
B153817
|
Consumer Advocacy Group Inc. v. Exxon Mobil Corp.
'Passive migration' or 'continued presence' of chemical in soil is not 'discharge or release' under Safe Drinking Water and Toxic Enforcement Act. |
Environmental Law |
|
Feb. 20, 2003 | |
A097688
|
Starr v. The Old Line Life Insurance Co. of America
Presumption of death is not applicable where fugitive from justice has not been seen or heard from for more than 12 years. |
Probate and Trusts |
|
Feb. 20, 2003 | |
B156096
|
James C., a Minor
Father incarcerated for violent felony failed to refute finding that children were dependents of court. |
Family Law |
|
Feb. 20, 2003 | |
E029587
|
Conservatorship of McElroy
Nod of head is insufficient to show oral consent of alleged settlement. |
Civil Procedure |
|
Feb. 20, 2003 |