| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-15159
|
National Audubon Society Inc. v. Davis
Amended opinion |
|
Dec. 8, 2002 | ||
|
D035655
|
People v. Snow
Trial court must choose among alternative laws to enhance sentence of sex offender with prior convictions. |
Criminal Law and Procedure |
|
Dec. 5, 2002 | |
|
C025890
|
People v. Diaz
Court applies three strikes law and punishment enhancement provision in sentencing habitual rapist. |
Criminal Law and Procedure |
|
Dec. 5, 2002 | |
|
S100614
|
People v. Llavet
Order |
|
Dec. 5, 2002 | ||
|
D034723
|
Jimenez v. TM. Cobb Co.
Manufacturers of defective windows installed in mass-produced homes are subject to strict products liability. |
Torts |
|
Dec. 5, 2002 | |
|
B143501
|
People v. Stanistreet
Penal Code Section 148.6 violates First Amendment by selectively prohibiting expression based on content. |
Constitutional Law |
|
Dec. 5, 2002 | |
|
B147327
|
White v. Lieberman
Statute of limitations to file malicious prosecution lawsuit begins to run on date appellate court issues remittitur. |
Civil Procedure |
|
Dec. 4, 2002 | |
|
B151028
|
Prato-Morrison v. Doe
Unauthenticated evidence that might have proven plaintiff was genetic mother of twins was properly excluded by court. |
Family Law |
|
Dec. 4, 2002 | |
|
D039556
|
Dwayne P. v. Superior Court (San Diego County Health and Human Services Agency)
Parents' suggestion of Indian heritage is sufficient to trigger notice requirements of Indian Child Welfare Act. |
Family Law |
|
Dec. 4, 2002 | |
|
B156971
|
In re L.T.
Trash constitutes property under arson statute, Penal Code Section 451. |
Criminal Law and Procedure |
|
Dec. 4, 2002 | |
|
S089533
|
People v. Graves
Review granted |
|
Dec. 4, 2002 | ||
|
S091943
|
People v. Howard
Order |
|
Dec. 4, 2002 | ||
|
01-70724
|
Ellis v. U.S. District Court (U.S.) (In re Ellis)
Order |
|
Dec. 4, 2002 | ||
|
A093003
|
Conlan v. Bonta
|
|
Dec. 3, 2002 | ||
|
B143328
|
Mix v. Tumanjan Development Corp.
Attorney who acted pro se in contract action may recover reasonable fees for assisting counsel. |
Attorneys |
|
Dec. 3, 2002 | |
|
D039145
|
Searle v. Wyndham International Inc.
Hotel's room service gratuity policy, which is disguised as 'service fee' does not violate Unfair Competition Law. |
Business Law |
|
Dec. 3, 2002 | |
|
B155411
|
City of Hope v. Bryan Cave
Parties who are not intended beneficiaries of settlement agreements may not compel arbitration pursuant to underlying employment contracts. |
Civil Procedure |
|
Dec. 3, 2002 | |
|
B154678
|
Mason v. California Dept. of Real Estate
Person seeking to recover under Real Estate Recovery Program must file application within one year of court judgment. |
Civil Procedure |
|
Dec. 3, 2002 | |
|
B148621
|
Health Industries of America Inc. v. L.A. County Metropolitan Transportation Authority
Action was improperly dismissed where Judge Pro Tem had authority to toll five-year statute period. |
Civil Procedure |
|
Dec. 3, 2002 | |
|
A097519
|
Estate of Furia
Equitably adopted child does not have right to inherit property from testate 'grandparent.' |
Probate and Trusts |
|
Dec. 3, 2002 | |
|
D034916
|
People v. Cochran
Sufficient evidence existed that defendant used duress to commit aggravated sexual assault on child. |
Criminal Law and Procedure |
|
Dec. 3, 2002 | |
|
G030076
|
Shannon v. Gourley
Where forensic trainee was adequately supervised, DMV established requisite foundation for admission of blood-alcohol concentration evidence. |
Administrative Agencies |
|
Dec. 3, 2002 | |
|
B152582
|
Sully-Miller Contracting Co. v. Gledson/Cashman Construction Inc.
Documents that were unilateral offers to settle and unsigned by all parties are not enforceable agreements under Code of Civil Procedure Section 664.6. |
Civil Procedure |
|
Dec. 3, 2002 | |
|
B154493
|
City of Orange v. San Diego County Employees Retirement Assn.
Oral agreement by employees retirement association to hold open settlement offer to cities was enforceable. |
Contracts |
|
Dec. 3, 2002 | |
|
B154305
|
Brian K., a Minor
Juvenile court may impose fine for probation violation even though statute does not provide express authority. |
Juveniles |
|
Dec. 3, 2002 | |
|
C037161
|
Garcia v. County of Sacramento
Medical lien on tort recovery may be waived when it would pose undue financial hardship on injured party. |
Torts |
|
Dec. 3, 2002 | |
|
C038844
|
Communities for a Better Environment v. California Resources Agency
California Environment Quality Act guideline regarding cumulative impact analysis must include fair argument standard prompting environmental impact report preparation. |
Environmental Law |
|
Dec. 3, 2002 | |
|
E030638
|
People v. Murillo
|
|
Dec. 3, 2002 | ||
|
F038176
|
Maples v. Kern County Assessment Appeals Board
Purchase price of petroleum reserve in Kern County is proper valuation as taxable property and real property interests. |
Administrative Agencies |
|
Dec. 3, 2002 | |
|
F038692
|
Condoni v. Condoni
|
|
Dec. 3, 2002 |
