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Name Category Published
Haralson v. Fisher Surveying Inc.
Punitive damages claims survive death of dead tortfeasor and corporate defendant can be held vicariously liable for dead employee's tortious conduct.
Torts Sep. 17, 2001
Cusano v. Klein
Former guitarist for rock bank may sue for royalties despite bankruptcy filing.
Intellectual Property Sep. 16, 2001
Abraham v. Norcal Waste Systems Inc.
When there isn't a basis for complete pre-emption under ERISA, there is no federal question subject matter jurisdiction to support removal.
Civil Procedure Sep. 16, 2001
In re Marine Asbestos Cases
Plaintiffs exposed to asbestos who have not shown they will benefit from medical examination and show no abnormalities cannot recover.
Maritime Law Sep. 16, 2001
Bagley v. Byrd
Order
Sep. 16, 2001
Lombardo v. Huysentruyt
Nonsuit was improper in attorney malpractice action in which there exist triable issues of fact to determine negligence.
Attorneys Sep. 13, 2001
Fuller v. Dept. of Transportation
Order
Sep. 13, 2001
People v. Williams
Opinion
Criminal Law and Procedure Sep. 13, 2001
People v. Marcus A.
Court erred when it rendered its decision pursuant to Penal Code Section 777 because minor's probation violation was criminal offense.
Juveniles Sep. 12, 2001
In re Patricia T.
Denial of reunification services validly waived at dependency proceeding in which parent pleaded 'no contest.'
Family Law Sep. 12, 2001
People v. Superior Court (In re Maloy)
To avoid potential bias, peremptory challenge proper when judge reversed on appeal.
Judges Sep. 12, 2001
Napa Citizens for Honest Government v. Napa County Board of Supervisors
Sep. 12, 2001
People v. Seaton
Death sentence is affirmed because defendant's contentions on appeal lacked merit or no harm was suffered from error.
Criminal Law and Procedure Sep. 12, 2001
Conservatorship of Wendland
To withdraw life-sustaining treatment from conscious, but incompetent conservatee, conservator must show by clear and convincing evidence that conservatee wished to refuse treatment.
Probate and Trusts Sep. 12, 2001
Rental Equipment Inc. v. McDaniel Builders Inc.
Rental equipment company cannot enforce mechanic's lien when prior estimate was drastically lower than amount of lien.
Business Law Sep. 12, 2001
Consumer Cause Inc. v. Smilecare
Summary judgment required defendant raising 'exposure exception' to make prima facie case of application rather than merely showing defense met statutory exemption.
Torts Sep. 12, 2001
Marriage of Cloney
Valid judgment lien against debtor under different name imparts constructive notice to purchaser of property where purchaser's escrow agent knows both names.
Real Property Sep. 12, 2001
Martin v. Wells Fargo Bank
Since primary purpose of business credit card is commercial, banks may offset debts incurred in its use.
Contracts Sep. 12, 2001
Flannery v. Prentice
Absent agreement, attorney fees awarded pursuant to California Fair Employment and Housing Act belong to attorneys who labored on matter.
Attorneys Sep. 12, 2001
People v. Superior Court (Gevorgyan)
Proposition 21 requires that juveniles be prosecuted by information following preliminary hearing, not by grand jury indictment.
Criminal Law and Procedure Sep. 12, 2001
Francisco G. v. Superior Court (Human Resources Agency of Santa Cruz County)
Bypass provision is applied to father whose status in prior dependency proceedings terminating parental rights to sibling, was biological or alleged father.
Family Law Sep. 12, 2001
Finnegan v. Schrader
County sanitary district board member violated statute when he accepted district manger position before resigning board position.
Government Sep. 12, 2001
In re Jasmine P.
Court isn't required to determine visitation rights of mother when grandmother agrees to become legal guardian of child.
Family Law Sep. 12, 2001
McIntyre v. Board of Retirement of Santa Barbara County Employees' Retirement System
Board of Retirement has statutory authority to investigate retirement disability claims.
Employment Law Sep. 12, 2001
Pleasant Hill Bayshore Disposal Inc. v. Chip-It Recycling Inc.
Congressional act isn't intended to pre-empt local exclusive franchise agreements which address disposal of solid waste and recyclables.
Constitutional Law Sep. 12, 2001
People v. Brown
DNA evidence is admissible because scientists followed proper laboratory procedures.
Criminal Law and Procedure Sep. 12, 2001
People v. Tapia
When defendant's probation has expired, order finding him in violation is void and court doesn't have jurisdiction to extend probation term.
Criminal Law and Procedure Sep. 12, 2001
Arnold v. Dow Chemical Co.
The Federal Insecticide, Fungicide and Rodenticide Act will not pre-empt state common law products liability action.
Constitutional Law Sep. 12, 2001
Renee J. v. Superior Court (Orange County Social Services Agency)
Reunification services denied when parent previously failed at reunification with child's siblings.
Family Law Sep. 12, 2001
People v. Cunningham
Sep. 12, 2001