| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B156079
|
Bailon v. Superior Court (People)
Trial that started one day after stipulated final date for trial violated defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
H022334
|
People v. Vu
Failure to instruct jury that sexual battery is lesser included offense of penetration with foreign object is prejudicial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
D037229
|
Gafcon Inc. v. Ponsor & Associates
Insurer does not engage in practice of law due to employment relationship with attorneys defending insureds against third-party claims. |
Insurance |
|
Aug. 7, 2002 | |
|
00-30409
|
U.S. v. Williams
Defendant's sentence for coercing minor to travel beyond state for prostitution was incorrectly calculated. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
98-50452
|
U.S. v. Corona-Sanchez
California state conviction for petty theft of cigarettes and beer does not constitute aggravated felony for sentencing enhancement purposes. |
Immigration |
|
Aug. 7, 2002 | |
|
01-15491
|
Miller v. Gammie
Social service workers who placed sexually deviant foster child into unsuspecting home are entitled to absolute immunity. |
Government |
|
Aug. 7, 2002 | |
|
01-30166
|
U.S. v. Kim
Defendant's statements made during execution of search warrant amounted to unlawful custodial interrogation.. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B149606
|
Watts v. Farmers Insurance Exchange
Innocent policyholder may recover share of losses despite misconduct of other policyholder. |
Insurance |
|
Aug. 7, 2002 | |
|
00-56653
|
Abrahim & Sons Enterprises v. Equilon Enterprises, LLC
Transfer of assets to LLC triggered duty to offer franchisees right of first refusal. |
Corporations |
|
Aug. 7, 2002 | |
|
00-55954
|
Chodos v. West Publishing Co. Inc.
Publisher breached contract with author by declining to publish work for marketing reasons. |
Contracts |
|
Aug. 7, 2002 | |
|
A095806
|
Swain v. California Casualty Insurance Co.
Insurer had no duty to defend policyholder against suit for wrongful eviction under general liability policy. |
Insurance |
|
Aug. 7, 2002 | |
|
01-3370
|
Gaines v. Stenseng
Dismissal of due process claim of Kansas state prisoner for 75 days in disciplinary segregation was improper without review of evidence of prison conditions. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-16206
|
Shuetz v. Banc One Mortgage Corp.
Yield spread premiums paid to mortgage broker are not violative of the Real Estate Settlement Procedures Act. |
Real Property |
|
Aug. 7, 2002 | |
|
99-70542
|
Abreu-Reyes v. INS
Resident's conviction of aggravated felony is proper grounds for removal. |
Immigration |
|
Aug. 7, 2002 | |
|
00-56797
|
Mogck v. Unum Life Insurance Co. of America
Because insurer did not utilize terms regarding time limits for legal actions in its correspondences with insured, insured's action is not time-barred. |
Insurance |
|
Aug. 7, 2002 | |
|
01-70177
|
Singh v. INS
Board's reliance on asylum applicant's airport interview is not valid ground for adverse credibility determination because translator didn't speak his language. |
Immigration |
|
Aug. 7, 2002 | |
|
01-55326
|
Vasquez v. City of San Diego
Police officer may sue city for personal injuries caused by railroad-crossing arm while on duty. |
Torts |
|
Aug. 7, 2002 | |
|
99-15857
|
Thornton v. McClatchy Newspapers Inc.
Order |
|
Aug. 7, 2002 | ||
|
01-15512
|
Hernandez v. Hughes Missile Systems Co.
Company's policy not to rehire employees who resigned due to violations of personal conduct rules violates ADA, as applied to rehabilitated drug addicts. |
Employment Law |
|
Aug. 7, 2002 | |
|
01-1121
|
Chandler v. The City of Arvada
City ordinance that prohibits nonresidents from circulating petitions is unconstitutional. |
Constitutional Law |
|
Aug. 7, 2002 | |
|
01-3170
|
U.S. v. Alexander
Court properly applied sentence enhancement based on possession of weapon during drug conspiracy. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-15744
|
Barden v. City of Sacramento
Public sidewalks are service, program or activity of city within meaning of Americans with Disabilities Act and Rehabilitation Act. |
Civil Rights |
|
Aug. 7, 2002 | |
|
S102634
|
Samuel J., a Minor
Order |
|
Aug. 7, 2002 | ||
|
01-50199
|
U.S. v. Blajos
Government must prove Federal Deposit Insurance Corporation status of bank, not of money taken under 18 U.S.C. Section 2113. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-56124
|
Miranda v. Castro
Reliance on counsel's erroneous advice does not warrant equitable tolling of one-year statute of limitations on filing habeas corpus petition. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B147589
|
Stokes v. California Horse Racing Board
|
|
Aug. 7, 2002 | ||
|
01-2134
|
Danville v. Regional Lab Corp.
Applicant offered sufficient evidence that decision not to interview her for job was pretext for age bias. |
Employment Law |
|
Aug. 7, 2002 | |
|
00-6254
|
Burleson v. Saffle
Defendants' two convictions for violating state's drive-by shooting statute did not violate prohibition against double jeopardy. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-7156
|
Hall v. Scott
Court should have applied equitable tolling doctrine to prisoner's filing of petition for writ of habeas corpus. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-6291
|
State of Oklahoma v. United States
Disallowance of federal funds paid to state was proper because state spent monies awarded for insurance premiums for other purposes. |
Government |
|
Aug. 7, 2002 |