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Name Category Published
Tyree v. Ward
Order
Aug. 6, 2002
Killian v. Barnhart
Order
Aug. 6, 2002
McCook v. Springer School District
Order
Aug. 6, 2002
Adonican v. City of Los Angeles
Order
Aug. 6, 2002
People v. Garcia
Appellate court signals future increase of memorandum opinions for unpublished cases.
Civil Procedure Aug. 6, 2002
Saratoga Fire Protection Dist. v. Hackett
Statutory date of valuation may be ignored if property sought through eminent domain substantially increases in value before trial.
Real Property Aug. 6, 2002
People v. Shaw
Defendant does not have reasonable expectation of privacy in hole in ground in common area of his apartment complex.
Criminal Law and Procedure Aug. 6, 2002
Wang v. Massey Chevrolet
Parole evidence rule does not provide defense for claim brought under Consumer Legal Remedies Act.
Torts Aug. 6, 2002
Jersey v. John Muir Medical Center
Hospital does not violate 'fundamental public policy' when it terminates at-will employee who refuses to dismiss her suit against former patient.
Employment Law Aug. 6, 2002
State Water Resources Control Board v. Superior Court of Yuba County (Browns Valley Irrigation District)
Attorney General may represent Board if other state agency in underlying proceeding retains separate counsel to avoid prohibited dual representation.
Administrative Agencies Aug. 6, 2002
People v. Massicot
Conviction for indecent exposure requires display of bare genitals.
Criminal Law and Procedure Aug. 6, 2002
Banks v. Hathaway, Perrett, Webster, Powers & Chrisman
Order sustaining demurrer without leave to amend does not bar award of sanctions pursuant to Code of Civil Procedure Section 128.7.
Attorneys Aug. 6, 2002
Tomlinson v. Qualcomm Inc.
Employee laid off while on maternity leave fails to establish discrimination claim.
Employment Law Aug. 6, 2002
Hambarian v. Superior Court of Orange County (People)
Court properly declined to disqualify District Attorney for accepting assistance of forensic accountant employed and compensated by victim.
Criminal Law and Procedure Aug. 6, 2002
Young v. Raley's Inc.
Order
Aug. 6, 2002
People v. Gofman
Court erred in dismissing counts of state indictment that were not based on same acts alleged in federal indictment.
Criminal Law and Procedure Aug. 6, 2002
Estate of Forthmann
Beneficiary's third request to conduct discovery regarding testamentary trust was property denied.
Probate and Trusts Aug. 6, 2002
County of Orange v. Quinn
'Five-year rule' does not apply to cases in which a pendente lite child support order is obtained.
Family Law Aug. 6, 2002
Insurance Co. of the West v. Pangborn Plumbing Corp.
Contractual lien for attorney fees has priority over judgment lien.
Contracts Aug. 6, 2002
In re Tamika T.
Court may require offer of proof before holding contested hearing regarding parental rights.
Family Law Aug. 6, 2002
People v. Alvarez
Corpus delicti rule still requires every conviction be supported by some proof of corpus delicti 'aside from' or 'in addition to' defendant's extrajudicial statements.
Criminal Law and Procedure Aug. 6, 2002
People v. Talibdeen
Because defendant is not in prison for failure to pay fine, imposition of state and county penalties is mandatory.
Criminal Law and Procedure Aug. 6, 2002
Eastburn v. Regional Fire Protection Authority
Aug. 6, 2002
In re J.A,U., a child
Challenge to paternity judgment on basis of mistake of material fact must be brought within six-month time limit.
Civil Procedure Aug. 6, 2002
Fernandez v. Lawson
Aug. 6, 2002
McGonnell v. Kaiser Gypsum Co. Inc.
Plaintiffs claiming wrongful death fail to establish exposure to asbestos produced by defendants.
Civil Procedure Aug. 6, 2002
Silva v. Basin Western, Inc.
Reserves and settlement authority are not relevant in plaintiff's personal injury action.
Insurance Aug. 6, 2002
Jesson v. Davis
Electoral candidates for state office need not take oath disavowing membership in organizations seeking overthrow of government by force or violence.
Government Aug. 6, 2002
Parrish v. Superior Court (People)
Aug. 6, 2002
Concerned Parents of Pueblo, Inc. v. Gilmore
In negligence action against nonprofit organization, person providing service on behalf of organization is immune from liability, not organization.
Torts Aug. 6, 2002