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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
Gauss v. GAF Corporation
Feb. 21, 2003
Gibson v. World Savings and Loan Association
Feb. 21, 2003
People v. Valot
Feb. 21, 2003
People v. Miceli
Feb. 21, 2003
People v. McGee
Feb. 21, 2003
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
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
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
People v. Edgar
Jury instruction was erroneous as to knowledge requirement of sex offender notice statute.
Criminal Law and Procedure Feb. 20, 2003
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
Megan S., a Minor
Terminating parental rights did not substantially interfere with child's relationship with adult sister.
Family Law Feb. 20, 2003
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
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
People v. Breazell
Court erroneously imposed criminal fine when defendant had already been fined under separate statute.
Criminal Law and Procedure Feb. 20, 2003
Low v. Golden Eagle Insurance Co.
Insurer had no duty to defend employer facing defamation suit from employee.
Insurance Feb. 20, 2003
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
People v. Bojorquez
Testimony by prosecution's witness regarding gangs' criminal tendencies is prejudicial error.
Criminal Law and Procedure Feb. 20, 2003
Dabney v. Dabney
Court's order directing trust beneficicary to execute documents for lot line adjustment was improper.
Probate and Trusts Feb. 20, 2003
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
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
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
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
People v. Britt
'Special versus general' doctrine does not apply to defeat sex offender's burglary conviction.
Criminal Law and Procedure Feb. 20, 2003
Rieger v. Arnold
In sexual harassment action, employee's prior sexual conduct at workplace is admissible.
Employment Law Feb. 20, 2003
American Home Assurance Co. v. Societe Commerciale Toutelectric
Foreign corporation waived right to conduct discovery under Hague Convention.
Civil Procedure Feb. 20, 2003
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
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
James C., a Minor
Father incarcerated for violent felony failed to refute finding that children were dependents of court.
Family Law Feb. 20, 2003
Conservatorship of McElroy
Nod of head is insufficient to show oral consent of alleged settlement.
Civil Procedure Feb. 20, 2003