| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-30281
|
U.S. v. Alarcon-Simi
Defendant's post-arrest statement is not admissible as excited utterance because it did not relate to incidents occurring at time of arrest. |
Criminal Law and Procedure |
|
Oct. 15, 2002 | |
|
00-16024
|
Fischel v. Equitable Life Assurance Society of the United States
Lodestar calculation method used to determine attorney fees resulting from class action settlement was proper. |
Attorneys |
|
Oct. 14, 2002 | |
|
B153207
|
In re Marriage of Ellis
Former husband's health insurance subsidy benefits upon retirement are not property divisible as community property. |
Family Law |
|
Oct. 13, 2002 | |
|
S096127
|
Zuckerman v. Board of Chiropractic Examiners
Chiropractor disciplined for misconduct may be ordered to pay costs of investigation and prosecution of case. |
Administrative Agencies |
|
Oct. 13, 2002 | |
|
S108531
|
People v. Mack
Order |
|
Oct. 13, 2002 | ||
|
S101309
|
Krogh v. Reynolds Packing Inc.
Order |
|
Oct. 13, 2002 | ||
|
S104863
|
In re Jerry P., a Minor
Order |
|
Oct. 13, 2002 | ||
|
B151761
|
Santa Monica Chamber of Commerce v. City of Santa Monica
Legislation that created residents-only, permit-required, parking district is exempt from requirements of California Environmental Quality Act. |
Environmental Law |
|
Oct. 13, 2002 | |
|
B158675
|
Rosenbluth International Inc. v. Superior Court (Serrano)
Individual plaintiff lacks standing to sue for unfair competition on behalf of large corporations. |
Civil Procedure |
|
Oct. 13, 2002 | |
|
B148904
|
St. Paul Fire and Marine Insurance Co. v. American Dynasty Surplus Lines Insurance Co.
'Mere presence' on jobsite does not automatically result in jobsite's owner's liability of 'ongoing operations.' |
Insurance |
|
Oct. 13, 2002 | |
|
F036711
|
People v. Hall
Trial court has authority to order defendant, who spat on prosecutor and investigator, to submit to testing for AIDS and other communicable diseases. |
Criminal Law and Procedure |
|
Oct. 13, 2002 | |
|
B158075
|
Board of Retirement of Los Angeles County Employees Retirement Assn. v. Superior Court (People of the State of California and Teresia O'Riley)
Court may not order county retirement system to pay restitution for crime committed by retiree. |
Government |
|
Oct. 13, 2002 | |
|
B148288
|
Rubin v. City of Burbank
City's practice of beginning city council meeting with sectarian prayer as invocation violates establishment clause of U.S. Constitution. |
Constitutional Law |
|
Oct. 13, 2002 | |
|
S109452
|
People v. Legion Insurance Co.
Order |
|
Oct. 13, 2002 | ||
|
B152112
|
Barnes v. Superior Court (People)
Defendant's second motion to suppress evidence must be heard by same judge that granted first motion. |
Judges |
|
Oct. 11, 2002 | |
|
S098218
|
People v. Adair
Order |
|
Oct. 11, 2002 | ||
|
00-56199
|
Bennett v. Mueller
State has the burden to prove adequacy of state procedural bar to federal habeas review. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
00-56401
|
Hofler v. Aetna U.S. Healthcare of California Inc.
Widow suing HMO for husband's care properly received attorney fees for having case remanded to state court. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
00-6414
|
Foster v. Booher
For purpose of habeas review, prisoner is 'in custody' when serving a series of consecutive sentences. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-6249
|
National Union Fire Insurance Co. v. LSB Industries Inc.
Statute of limitations did not begin to run until a final premium is calculated based on express terms of agreement. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
00-35815
|
Tie Tech Inc. v. Kinedyne Corp.
Summary judgment is proper against trademark holder because product design of device is not fanciful, but instead wholly functional. |
Intellectual Property |
|
Oct. 10, 2002 | |
|
01-15349
|
Northwest Airlines Inc. v. Camacho
Malicious prosecution and abuse of process claims are claims for injuries to person and barred by statute of limitations for personal injury claims. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
00-56521
|
Majoy v. Roe
Conviction where key witness admits to lying about defendant's involvement in crime may override defendants untimely petition for federal habeas review. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
01-1357
|
Montoya v. Chao
Defendant failed to provide acceptable excuse for missing 30-day deadline to file discrimination suit. |
Civil Procedure |
|
Oct. 10, 2002 | |
|
01-10179
|
U.S. v. Lee
Defendant who unlawfully copied computer Website did not deserve sentence enhancement for possessing special computer skills. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
|
00-35458
|
Lawson v. State of Washington
There is insufficient evidence that plaintiff was constructively discharged after voluntarily resigning from employment due to religious beliefs. |
Employment Law |
|
Oct. 10, 2002 | |
|
01-4105
|
Lundahl v. Zimmer
Court clerks are absolutely immune from lawsuit alleging they failed to enter default judgments. |
Government |
|
Oct. 10, 2002 | |
|
01-17023
|
Gerling Global Reinsurance Corp. v. Low
Holocaust Victim Insurance Relief Act does not violate due process of insurers who conduct business in California. |
Constitutional Law |
|
Oct. 10, 2002 | |
|
00-55583
|
Kang v. U. Lim America, Inc.
Employee called names and physically struck because his supervisor viewed him as member of 'superior' national origin has claim for harassment. |
Civil Rights |
|
Oct. 10, 2002 | |
|
00-1200
|
Dilley v. SuperValu Inc.
Potential violation of seniority system did not preclude jury from finding employee's requested accommodation to be reasonable. |
Employment Law |
|
Oct. 10, 2002 |
