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People v. Silva
Death Sentence reversed where prosecution uses preemptive strike to eliminate juror because of race.
Criminal Law and Procedure Jul. 17, 2001
Comedy III Productions Inc. v. Gary Saderup Inc.
Artist faced with publicity challenge has First Amendment defense if work has significant transformative elements or value doesn't derive from celebrity's fame.
Constitutional Law Jul. 17, 2001
Michael v. Aetna Life & Casualty Insurance Co.
No corruption in appraiser existed that required vacating appraisal award pursuant to statute.
Civil Procedure Jul. 17, 2001
People v. Allen
Defendant convicted of burglary may not be fined penalty assessment unless there is underlying fine.
Criminal Law and Procedure Jul. 17, 2001
Medical Board of California v. Superior Court (Anselm On-Sang Lam)
More specific statute does not impliedly repeal general one when the two are not so inconsistent that they cannot have concurrent operation.
Administrative Agencies Jul. 17, 2001
Marriage of Katzberg
Court not required to put reasons for its decision on record where it followed uniform guideline formula in modifying child support payments.
Family Law Jul. 17, 2001
People v. O'Casey
Workers' compensation insurers are direct victims of employee fraud and are entitled to restitution.
Workers' Compensation Jul. 17, 2001
People v. Walker
At sentencing, defendant has burden to prove that constitutional rights were violated in prior convictions.
Criminal Law and Procedure Jul. 17, 2001
Friends of Sierra Madre v. City of Sierra Madre
Jul. 17, 2001
People v. Bush
Police were entilted to search vehicle for weapons based on information about criminal history that was six years old.
Criminal Law and Procedure Jul. 17, 2001
Lo v. Jensen
Sale of property may be set aside when two buyers combine to restrict competition and purchase property at inadequate price.
Real Property Jul. 17, 2001
Alexander v. Blue Cross of California
Arbitrator is not required to impose discovery sanctions even if trial court would have been required to do so.
Civil Procedure Jul. 17, 2001
In re Taylor
Defendant who received increased sentence based on Three Strikes offenses is not entitled to jury trial on prior convictions.
Criminal Law and Procedure Jul. 17, 2001
People v. Alvarez
Sentence enhancement for using firearm during murder is constitutional because there is compelling purpose to deter firearm use.
Criminal Law and Procedure Jul. 17, 2001
Farmers Insurance Exchange v. Law Offices of Conrado of Joe Sayas
Two law firms who jointly represented client in insurance case may represent one another to recover attorney fees against former client.
Attorneys Jul. 17, 2001
Nicholas B., a Minor
Current substantial risk that child will suffer serious physical harm must be proved before child is removed from parents' home.
Juveniles Jul. 17, 2001
People v. Cleveland
Conviction reversed where trial court discharged juror during deliberations for failing to deliberate and prejudging case.
Criminal Law and Procedure Jul. 17, 2001
People v. Cole
Jul. 17, 2001
Jonathan F., a Minor
Once parental rights are terminated parent no longer has duty to pay child support.
Family Law Jul. 17, 2001
Dishman v. Unum Life Insurance Co.
California's common law tort remedy for invasion of privacy isn't pre-empted by ERISA where claim only tenuously related to ERISA plan.
Insurance Jul. 17, 2001
U.S. v. Velarde-Gomez
Order
Jul. 17, 2001
People v. McCoy
Order
Jul. 17, 2001
FirstAmerica Automotive, Inc. v. Sweeney
Order
Jul. 17, 2001
Carmel Valley Fire Protection District v. State
Statute permitting Legislature to suspend operation of statutes and executive orders does not violate the Separation of Powers Clause of the California Constitution
Constitutional Law Jul. 17, 2001
City of Vernon v. Public Utilities Commission of The State of California (Atchison, Topeka & Santa Fe Railway)
Public Utilites Commisson does not abuse discretion by dismissing complaint when city fails to demonstrate that project will cause significant environmental impact.
Administrative Agencies Jul. 17, 2001
Guadalupe-Cruz v. INS
Order
Jul. 17, 2001
People v. Valentine
Review granted
Criminal Law and Procedure Jul. 17, 2001
Morgan v. The Regents of the University of California
Employee does not have to be re-hired after layoff if he is not qualified for available positions.
Employment Law Jul. 17, 2001
Kaur v. INS
Amended opinion
Jul. 17, 2001
Paciulan v. George
State rule limiting attorney's court appearances without meeting bar requirements to non-California residents is constitutional.
Attorneys Jul. 17, 2001