| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E029822
|
Walker v. Kiousis
Civil Code Section 47.5, permitting peace officers to bring defamation suits against complainants, is unconstitutional content-based regulation of speech. |
Constitutional Law |
|
Feb. 21, 2002 | |
|
A093703
|
Morris v. Harper
Mandamus may be used to compel treatment centers to obtain licenses because compliance duty is 'ministerial' rather than 'discretionary.' |
Civil Procedure |
|
Feb. 21, 2002 | |
|
C037480
|
Brown v. Kennard
Litigation privilege outlined in Civil Code bars plaintiff's abuse of process action. |
Civil Procedure |
|
Feb. 21, 2002 | |
|
A093755
|
Roe v. State of California
Government may be liable for breaching settlement agreement regarding discipline of real estate appraiser. |
Government |
|
Feb. 21, 2002 | |
|
F037760
|
Unnamed Physician v. Board of Trustees of St. Agnes Medical Center
|
|
Feb. 21, 2002 | ||
|
D036608
|
Allen v. Smith
|
|
Feb. 21, 2002 | ||
|
C037880
|
City of Sacramento v. WCAB
|
|
Feb. 21, 2002 | ||
|
01-1121
|
Morgan-Busby v. Gladstone
Granting injunction preventing defendants from transferring stock and interfering with trustee's investigation, even though trustee failed to timely object, was proper. |
Bankruptcy |
|
Feb. 21, 2002 | |
|
B151042
|
People v. Wilson
Courts have discretion to strike enhancement for use of accelerant in arson cases. |
Criminal Law and Procedure |
|
Feb. 21, 2002 | |
|
C035745
|
Deltakeeper v. Oakdale Irrigation District
Named parties have interest in California Environmental Quality Act litigation sufficient to protect interests of parties not joined. |
Civil Procedure |
|
Feb. 21, 2002 | |
|
C030453
|
National Enterprises Inc. v. Woods
Junior lienholder who purchased debt from same seller as did senior lienholder is not barred from recovering debt in event of foreclosure. |
Business Law |
|
Feb. 21, 2002 | |
|
C036307
|
Reader's Digest Assn. Inc. v. Franchise Tax Board
Wholly-owned subsidiary, which solicits advertising for out-of-state publication, doesn't qualify as contractor afforded out-of-state tax exemption. |
Taxation |
|
Feb. 21, 2002 | |
|
G023339
|
Burns v. Nature's Best
Business accused of secretly recording telephone conversation is entitled to new criminal trial. |
Criminal Law and Procedure |
|
Feb. 21, 2002 | |
|
C032952
|
Lueter v. State of California
Plaintiffs cannot assert tort claim for negligent spoliation of evidence. |
Torts |
|
Feb. 21, 2002 | |
|
G027157
|
Shelton v. Rancho Mortgage & Investment Corp.
Although postjudgment order denying motion for sanctions is appealable, court didn't err in denying motion. |
Civil Procedure |
|
Feb. 21, 2002 | |
|
S102143
|
People v. Abasta
Order |
|
Feb. 21, 2002 | ||
|
F035027
|
People v. Sotello
Retrial on issue of prior strike is not barred when finding of true is unsupported by substanial evidence. |
Criminal Law and Procedure |
|
Feb. 21, 2002 | |
|
D032205
|
People v. Cox
Defendant willfully fails to register as sex offender because he had knowledge of registration requirement but forgot to do so. |
Criminal Law and Procedure |
|
Feb. 21, 2002 | |
|
B153616
|
Maldonado v. Superior Court (ICG Telecom Group Inc.)
Trial court should have granted parties' motion to compel further responses to discovery request when company's previous responses were inadequate. |
Civil Procedure |
|
Feb. 21, 2002 | |
|
D035974
|
Sandoval v. Bank of America
Court's erroneous answer to jury's causation inquiry was prejudicial and requires reversal. |
Torts |
|
Feb. 21, 2002 | |
|
D038608
|
Susag v. City of Lake Forest
Failure to show that conviction for resisting arrest was invalid precludes civil rights claim. |
Civil Rights |
|
Feb. 21, 2002 | |
|
B152121
|
Kirkland v. Superior Court (Guess? Inc.)
Testimony and documents given as part of investigation before SEC are not confidential, and thus discoverable in civil litigation. |
Civil Procedure |
|
Feb. 21, 2002 | |
|
G026327
|
Schubert v. Reynolds
Trust created by attorney-in-fact is declared invalid for changing decedent's beneficiaries without express authority to do so. |
Probate and Trusts |
|
Feb. 21, 2002 | |
|
S086128
|
People v. Bunn
Refiling provisions of child molestation law, which allow government to refile previously dismissed charges against defendant, don't violate separation of powers principles. |
Criminal Law and Procedure |
|
Feb. 21, 2002 | |
|
B148121
|
People v. Seneca Insurance Co.
|
|
Feb. 21, 2002 | ||
|
B146870
|
Stermer v. Board of Dental Examiners
Licensee who stipulates to disciplinary order based on criminal conviction cannot avoid order if conviction is vacated. |
Administrative Agencies |
|
Feb. 21, 2002 | |
|
B145204
|
BII Finance Co. v. U-States Forwarding Services Corp.
Carrier is liable for misdelivery of goods when released without requiring surrender of original bills of lading. |
Contracts |
|
Feb. 21, 2002 | |
|
00-2215
|
Poole v. County of Otero
Defendant established facts sufficient to state claim that police engaged in retaliatory tactics to discourage him from pursuing legal action. |
Civil Rights |
|
Feb. 21, 2002 | |
|
99-15614
|
Fireman's Fund Insurance Co.
City ordinance regulating cleanup of hazardous waste is not pre-empted by state or federal law. |
Civil Procedure |
|
Feb. 21, 2002 | |
|
98-56770
|
U.S. v. Zuno-Arce
Order |
|
Feb. 21, 2002 |