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Name Category Published
Adoption of Baby Boy D.
Although birth mother failed to initial one box on form, evidence showed her relinquishment was voluntary and knowing, and thus was valid. 		Family Law Nov. 28, 2001
People v. Ryan N.
Defendant cannot be convicted of aiding and abetting suicide of victim who does not die. 		Juveniles Nov. 28, 2001
People v. Garrett
Prior convictions for second-degree residential burglaries are still 'strikes' after passage of Proposition 21. 		Criminal Law and Procedure Nov. 28, 2001
Nutmeg Securities Ltd v. McGladrey & Pullen
Accounting firm who prepared financial reports in effort to procure IPO underwriter is liable for negligence. 		Corporations Nov. 28, 2001
Mastro v. Petrick
Nov. 28, 2001
Traders Sports Inc. v. City of San Leandro
Charter city's municipal code, allowing tax measure to be placed on ballot by majority vote, supersedes state statute's two-thirds vote requirement. 		Government Nov. 28, 2001
People v. Gutierrez
Court exceeds jurisdiction in allowing prosecution to file late, amended information alleging robbery conviction as prior strike and five-year enhancement. 		Criminal Law and Procedure Nov. 28, 2001
Oates v. City of Lincoln
Property owners are barred from asserting claims of constructive fraud because they lack legal interest in reserve funds. 		Government Nov. 28, 2001
People v. Cruz
Court's failure to properly administer juror oath does not require automatic reversal, and defendant failed to demonstrate prejudice. 		Criminal Law and Procedure Nov. 28, 2001
People v. Barro
Dismissal of prior conviction under Penal Code Section 1385 precludes use of that conviction as 'strike.' 		Criminal Law and Procedure Nov. 28, 2001
Mehrtash v. Mehrtash
Ex-spouse who is entitled to support may not halt conveyance of house whose value exceeded mortgages, liens. 		Civil Procedure Nov. 28, 2001
Alcott Rehabilitation Hospital v. Superior Court (Smith)
Patient is entitled to extension of one-year deadline to sue nursing home for medical malpractice because she is insane. 		Civil Procedure Nov. 28, 2001
Reese v. Wong
Plaintiff is entitled to damages that existed at time of breach, not time of trial. 		Contracts Nov. 28, 2001
Gordon v. Havasu Palms Inc.
Owner of airstrip must show that assumption of risk doctrine will bar plaintiff's claim of defective design. 		Torts Nov. 28, 2001
Arenas v. San Diego Board of Supervisors
County ordinance that bars all persons convicted of drug-related felonies from obtaining general relief benefits conflicts with state law. 		Government Nov. 28, 2001
McFadden v. Villa
Plaintiff who wins state claim but loses federal claim cannot recover attorney fees under 42 U.S.C. Section 1988. 		Civil Procedure Nov. 28, 2001
Smith v. Pacificare Behavioral Health of California Inc.
Insurer's arbitration clause is unenforceable for failing to comply with disclosure requirements. 		Civil Procedure Nov. 28, 2001
Lewis v. County of Sacramento
County is immune from liability for death of suspect killed during high-speed police pursuit. 		Torts Nov. 28, 2001
People v. Shadden
Defendant who moved victim nine feet to back room of video store is guilty of kidnapping to commit rape. 		Criminal Law and Procedure Nov. 28, 2001
People v. Winters
Defendant's prior conviction for assault not involving deadly weapon or instrument does not qualify as serious felony under Three Strikes Law. 		Criminal Law and Procedure Nov. 28, 2001
Edwards v. Superior Court (Kirianoff)
Ninety-day deadline to file medical malpractice suit does not require plaintiff to allege specific factual basis of claim. 		Civil Procedure Nov. 28, 2001
People v. Raviart
Although defendant pointed gun at only one officer, conviction for attempted assault on both officers is proper. 		Criminal Law and Procedure Nov. 28, 2001
Mid-Century Insurance Exchange v. Daimler-Chrysler Corp.
Good faith settlement between injured and joint tortfeasor bars equitable indemnity claim of insurer previously relieved of suit. 		Civil Procedure Nov. 28, 2001
Nishihama v. City and County of San Francisco
Civil case against city for pothole properly included testimony of employees. 		Government Nov. 28, 2001
Carrau v. Marvin Lumber & Cedar Co.
Evidence did not support products liability verdict in plaintiff's favor, claims were time-barred, and jury instruction error was waived. 		Torts Nov. 28, 2001
People v. Taylor
Mandatory 10-year sentence enhancement for using weapon during attempted robbery is not unconstitutional. 		Criminal Law and Procedure Nov. 28, 2001
Draper v. Aceto
When attorneys separately represent employer and its employee against third party, employee's attorney fees must come out of employee's share of recovery. 		Workers' Compensation Nov. 28, 2001
People v. Kipp
Court affirms death penalty where defendant was convicted of rape and murder of college coed. 		Criminal Law and Procedure Nov. 28, 2001
Vu v. Prudential Property & Casualty Insurance Co.
Insurer is estopped from asserting statute of limitations defense if its factual misrepresentations induced insured not to file timely claim. 		Insurance Nov. 28, 2001
Toyota Motor Mfg. Ky Inc. v. Williams
Order 		Nov. 27, 2001
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