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Name Category Published
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
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
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
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
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
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
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
Falkner v. Foshuag
Alford plea does not preclude claim for attorney malpractice in criminal proceeding.
Attorneys Sep. 9, 2001
Griffin v. Allstate Insurance Co.
Insurer is liable for fees and costs incured before insured tenders defense of covered claim.
Insurance Sep. 9, 2001
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
Degel v. Buty
Objective standard required by informed consent statute is not unconstitutional.
Torts Sep. 9, 2001
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
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
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
LeVine v. Weis
False Claims Act imposes liability on employer, but not on individual supervisors acting for employer.
Government Sep. 7, 2001
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
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
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
In the Interest of JAC
Escape from youth corrections facility justified adjudication of child as juvenile delinquent.
Criminal Law and Procedure Sep. 6, 2001
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
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
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
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
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
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
People v. Medina
Because police conduct was calculated to induce defendant to confess, subsequent confession was involuntary.
Criminal Law and Procedure Sep. 6, 2001
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
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
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
People v. Gholston
Limitations on cross-examination did not violate defendant's due process rights.
Criminal Law and Procedure Sep. 6, 2001