| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B141040
|
People v. Elam
Dismissal of juror with accent who 'changed his mind often' was error without further proof that he lacked command of English language. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
B148102
|
STI Outdoor v. Superior Court (In re Eller Media Co.)
Documents prepared by county counsel and law firm to further license agreement negotiations are privileged. |
Attorneys |
|
Sep. 9, 2001 | |
|
D035066
|
People v. Brown
California has jurisdiction to prosecute appellant who carries out non de minimis preparatory acts in state with intent of completing crime. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
A091491
|
People v. Kennedy
Ambiguity of Health and Safety Code section will not preclude misdemeanor conviction for unprescribed possession of controlled substances. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
00-55919
|
Pioneer Liquidating Corp. v. U.S. Trustee (In Re Consolidated Pioneer Mortgage Entities)
Corporation's failure to provide accounting to investors was prejudicial and warranted conversion from Chapter 11 to Chapter 7. |
Bankruptcy |
|
Sep. 9, 2001 | |
|
99-16986
|
Jorss v. Gomez
District court's erroneous dismissal of habeas petition is extraordinary circumstance beyond petitioner's control warranting equitable tolling. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
45266-5-I
|
Magnusson v. Johannesson
Parent's right to designate relatives to provide child care during visitation periods does not violate due process rights of other parent. |
Family Law |
|
Sep. 9, 2001 | |
|
45326-2-I
|
Falkner v. Foshuag
Alford plea does not preclude claim for attorney malpractice in criminal proceeding. |
Attorneys |
|
Sep. 9, 2001 | |
|
46498-1-I
|
Griffin v. Allstate Insurance Co.
Insurer is liable for fees and costs incured before insured tenders defense of covered claim. |
Insurance |
|
Sep. 9, 2001 | |
|
46795-6-I
|
In re Estate of Lennon
Where protected party introduces evidence of transactions with deceased, deadman's statute is waived. |
Probate and Trusts |
|
Sep. 9, 2001 | |
|
45544-3-I
|
Degel v. Buty
Objective standard required by informed consent statute is not unconstitutional. |
Torts |
|
Sep. 9, 2001 | |
|
46767-1-I
|
In re Dependency of T.R.
Absence of new hearing in termination of parental rights case didn't violate parent's right to due process. |
Family Law |
|
Sep. 9, 2001 | |
|
47207-1-I
|
Hope v. Larry's Markets
Where employer knew cleaners caused injury and remedial measures were ineffective, summary judgment of employee's suit was improper. |
Civil Procedure |
|
Sep. 9, 2001 | |
|
01-314
|
Opinion of Bill Lockyer
Where councilman owns percentage of architectural corporation, and leases offices to it, corporation's architect cannot establish separate firm to contract with city. |
Government |
|
Sep. 9, 2001 | |
|
B136973
|
LeVine v. Weis
False Claims Act imposes liability on employer, but not on individual supervisors acting for employer. |
Government |
|
Sep. 7, 2001 | |
|
00CA0849
|
Doe v. Heitler
Plaintiff may not proceed under John Doe pseudonym where his privacy interest did not justify protecting his real name. |
Torts |
|
Sep. 6, 2001 | |
|
99CA1787
|
People v. Bradley
Failure of defense counsel to call expert witness did not constitute ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00CA0968
|
Humane Society of Pikes Peak Region v. The Industrial Claim Appeals Office
Calculation of average weekly wage should include employee's entire cost of medical insurance. |
Workers' Compensation |
|
Sep. 6, 2001 | |
|
00CA1165
|
In the Interest of JAC
Escape from youth corrections facility justified adjudication of child as juvenile delinquent. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
99SC836
|
Principal Mutual Life Insurance v. Progressive Mountain Insurance Co.
When named insured excludes coverage for other driver, insurer is not liable for injuries excluded driver causes. |
Insurance |
|
Sep. 6, 2001 | |
|
99SC862
|
Padilla v. School District No. 1
Developmentally disabled child injured at school didn't allege sufficient facts to establish connection between school building's condition and her injuries. |
Torts |
|
Sep. 6, 2001 | |
|
00SC52
|
Agritrack, Inc. v. Dejohn Housemoving, Inc.
Supreme court upholds trial court's award of attorney fees in express as well as implied contract claims. |
Contracts |
|
Sep. 6, 2001 | |
|
99SC596
|
People v. Lanzieri
Parolee can be convicted of escape despite procedural irregularity leading to his confinement in community corrections. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
99SC664
|
Downey v. People
Defendant who knowingly waives right to counsel and proceeds pro se ordinarily cannot later claim ineffective assistance of counsel against advisory counsel. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SA395
|
People v. Kazmierski
Once officer's false or reckless statements were stricken from affidavit, remaining information failed to establish probable cause to search defendant's residence. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SA361
|
People v. Medina
Because police conduct was calculated to induce defendant to confess, subsequent confession was involuntary. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SC474
|
People v. Cooper
Persons convicted of sex offense committed between July 1, 1996 and Nov. 1, 1998 is subject to discretionary parole as governed by statute. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SA389
|
People v. Miller
Because defendant failed to successfully complete Youth Offender System sentence as required by statute, Department of Corrections erred in unconditionally discharging him. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
99SC807
|
Delong v. Trujillo
Employee who has actual notice of requirements for taking Family Medical Leave Act leave must follow these requirements. |
Family Law |
|
Sep. 6, 2001 | |
|
98CA0952
|
People v. Gholston
Limitations on cross-examination did not violate defendant's due process rights. |
Criminal Law and Procedure |
|
Sep. 6, 2001 |
