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Name Category Published
Connerly v. State Personnel Board
Challenged statutory schemes, including state lottery provisions, are invalid insofar as they utilize race and gender classifications.
Constitutional Law Jan. 7, 2002
People v. Gee
Inventory search of vehicle not pretextual when conducted prior to tow of vehicle after driver arrested for driving while impaired.
Criminal Law and Procedure Jan. 7, 2002
People v. DiGuglielmo
Withdrawal of guilty plea denied where no showing of fair and just reason for withdrawal.
Criminal Law and Procedure Jan. 7, 2002
People v. Jones
Withdrawal of guilty plea denied where defendant failed to show justification for allowing withdrawal.
Criminal Law and Procedure Jan. 7, 2002
Marriage of Dorworth
Absent showing of physical endangerment or emotional impairment, trial court erred in imposing conditions of parenting time.
Family Law Jan. 7, 2002
Jones v. Cruzan
Evidence of post-accident conduct admissible for purposes of punitive damages.
Torts Jan. 7, 2002
Moran v. Oso Valley Greenbelt Assn.
Court abuses its discretion by failing to award attorney fees when it concluded defendant wrongfully denied plaintiff access to association's meeting minutes.
Attorneys Jan. 7, 2002
Lovejoy v. AT&T Corp.
Claim of 'fraudulent concealment' is actionable to counter growing practice of 'slamming' committed by telephone carriers.
Torts Jan. 7, 2002
In re Jonathan D.
Parental rights cannot be terminated regarding child of possible Indian heritage unless tribe receives 10 days notice of hearing.
Native American Affairs Jan. 7, 2002
US Ecology v. State of California
Plaintiff selected to develop radioactive waste site sufficiently alleged promissory estoppel claim where plaintiff relied on state's promise to obtain waste site.
Environmental Law Jan. 7, 2002
People v. Roman
Criminal defendant is not entitled to new sentence after district attorney issues directive advising more lenient sentence.
Criminal Law and Procedure Jan. 7, 2002
In re Emmanuel H., a Minor
Juvenile court properly denied mother reunification services because she failed to attempt to reunify with two other children.
Juveniles Jan. 7, 2002
People v. Ruiz
Conviction upheld when defendant voluntarily refuses to attend trial.
Criminal Law and Procedure Jan. 7, 2002
Ventura Unified School District v. Superior Court (Lopez)
Action against public entity must be tried in county where accident occurred and where public entity is located.
Civil Procedure Jan. 7, 2002
People v. Casillas
Pending prosecution for driving under influence cannot count as 'strike' for sentencing purposes.
Criminal Law and Procedure Jan. 7, 2002
In re Crystal J.
Juvenile lacks standing to appeal court's ruling denying her de facto-parent motion because she wasn't aggrieved party.
Family Law Jan. 7, 2002
City of Stockton v. Albert Brocchini Farms Inc.
Court doesn't abuse discretion in excluding opinion of defendant's valuation expert, but errs in failing to offset interest on eminent domain award.
Government Jan. 7, 2002
El-Com Hardware Inc. v. Fireman's Fund Insurance Co.
Insurer breached duty to defend where it had sufficient facts, including extrinsic evidence, of advertising injury at time of tender of defense.
Intellectual Property Jan. 7, 2002
State Farm Mutual Automobile Insurance Co. v. Secrist
Injured passenger entitled to uninsured motorist benefits where denial of coverage caused by driver's admitted liability.
Insurance Jan. 7, 2002
McKenzie v. Pope
Adverse possession period may be interrupted by grant of permission to use property.
Real Property Jan. 7, 2002
In re Jensen
Defendant's prior juvenile adjudication doesn't qualify as strike because he wasn't adjudged ward of juvenile court for offense listed in statute.
Criminal Law and Procedure Jan. 7, 2002
In the Interest of K.M.T., a child
Father may deduct total child support obligation for other child for purposes of calculating gross income.
Family Law Jan. 7, 2002
People v. Tafoya
Defendant who removed battery from cordless phone during argument is guilty of injuring or obstructing telephone line.
Criminal Law and Procedure Jan. 7, 2002
People v. Young
Defendant found with bags of marijuana in car is guilty of drug transportation despite defense of medical necessity.
Criminal Law and Procedure Jan. 7, 2002
Borjas v. State Farm Mutual Automobile Insurance Co.
Motorist may recover uninsured motorist damages even though other driver was immune from liability.
Torts Jan. 7, 2002
Marriage of Heil
Guardian ad litem entitled to fees in dissolution case after death of wife.
Family Law Jan. 7, 2002
In re Marriage of Cheriton
Post-dissolution stock proceeds constitute income for the purpose of calculating child support to reflect parent's 'standard of living.'
Family Law Jan. 7, 2002
Meraz v. Farmers Insurance Exchange
Injury sustained in unregistered, non-operating van is covered by insurance policy despite exclusion for motor vehicle injuries.
Insurance Jan. 7, 2002
Price v. Dames & Moore
Court is required to grant plaintiff leave to file amended complaint and proper certificate if there is reasonable possibility of curing defect.
Civil Procedure Jan. 7, 2002
Baramas v. Superior Court (Galasso)
Trial court has authority to order partial retrial to determine issue of malice and punitive damages.
Civil Procedure Jan. 7, 2002