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Name Category Published
Giardino v. Brown
Assumption of risk does not bar action involving a 'head-shy' horse supplied to an inexperienced rider. 		Torts Aug. 7, 2002
People v. Francis
When trial court finds severe mental disorder is not aggravating factor in commission of crime, defendant's mental state cannot be relitigated. 		Criminal Law and Procedure Aug. 7, 2002
Apple Valley Unified School District v. Vavrinek, Trine, Day & Co.
School district's suit against accounting firm for accounting malpractice is barred by two-year statute of limitations. 		Civil Procedure Aug. 7, 2002
In re Dalton
Criminal defendant requested in front of jury to conduct tour of alleged crime site is entitled to new trial. 		Criminal Law and Procedure Aug. 7, 2002
Yuba Cypress Housing Partners Ltd. v. Area Developers
Party may not assert violation of Subdivided Land Act voided contract which included provision awarding attorney fees. 		Attorneys Aug. 7, 2002
Avikian v. WTC Financial Corp.
Shareholders' claims are properly dismissed as they were in violation of terms of restraining order initiated by California Insurance Commissioner. 		Corporations Aug. 7, 2002
Massachusetts Mutual Life Insurance Co. v. Superior Court (Karges)
Aug. 7, 2002
Lopez v. Baca
Nightclub owner had no duty to hire security guard to protect patron shot by other patron. 		Torts Aug. 7, 2002
Ray v. Silverado Constructors
'Privette/Toland' rationale does not preclude all theories of liability in case where employee of independent contractor was killed at construction site. 		Torts Aug. 7, 2002
Walker v. Countrywide Home Loans Inc.
Practice of charging delinquent borrowers with property inspection costs does not violate unfair competition law. 		Business Law Aug. 7, 2002
Cunningham v. Universal Underwriters
Insurer had no duty to defend breach of contract action involving late delivery of premises to leasee despite 'wrongful eviction' coverage. 		Insurance Aug. 7, 2002
People v. Smith
Child molestation charges which fell outside the statute of limitations was, at a minimum, harmless error. 		Criminal Law and Procedure Aug. 7, 2002
People v. Willis
Good faith exception to exclusionary rule does not apply when police search without warrant under erroneous belief that defendant is on parole. 		Criminal Law and Procedure Aug. 7, 2002
Helmsman v. Colorado Dept. of Labor and Employment
Third-party administrator is not entitled to share in proceeds of bond required for self-insurance. 		Workers' Compensation Aug. 7, 2002
People v. Alvarado
Sufficient probable cause of defendant's drug usage existed to support a search warrant for drug-testing laboratory. 		Criminal Law and Procedure Aug. 7, 2002
People v. Palomo
No appearance of impropriety exists regarding district attorney and Capital Crimes Unit methods of obtaining defendant's personnel file from employer. 		Attorneys Aug. 7, 2002
People v. Duncan
Defense counsel's request for continuance to investigate new material operated to extend speedy trial period by additional six months. 		Criminal Law and Procedure Aug. 7, 2002
Huddleston v. Board of Equalization of Montezuma County
Statute provides personal property tax exemption only for businesses owning not more that $2500 in non-exempt property in same county. 		Taxation Aug. 7, 2002
People v. Palmer
Defendant's amnesia, in and of itself, does not constitute incompetency to stand trial. 		Criminal Law and Procedure Aug. 7, 2002
State v. The Cash Now Store, Inc.
Transactions engaged in by The Cash Now Store constitute loans subject to Uniform Consumer Credit Code. 		Contracts Aug. 7, 2002
People v. Braunthal
Defendant's due process rights weren't violated by police department's unintentional destruction of videotape evidence. 		Criminal Law and Procedure Aug. 7, 2002
Brotman v. East Lake Creek Ranch
Owner of land adjacent to school land managed by State Board of Land Commissioners doesn't have standing to enjoin board transaction. 		Civil Procedure Aug. 7, 2002
Curtis v. Nevins
In shareholder's derivative action, trial court may not inquire into reasonableness of procedures proposed by special litigation committee until committee completes task. 		Corporations Aug. 7, 2002
Sherman v. Allstate Insurance Co.
Order 		Aug. 7, 2002
Howard Jarvis Taxpayers Assn. v City of Salinas
Storm Drainage Fee is property-related fee requiring voter approval under state Constitution. 		Government Aug. 7, 2002
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
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
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
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
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
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