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Name Category Published
PacLink Communications International Inc. v. Superior Court (Yeung)
Members of limited liability company have no standing to sue company other than by derivative action.
Corporations Sep. 6, 2001
People v. Schofield
Warrantless arrest permitted to prevent destruction of evidence when misdemeanor is not committed in officer's presence.
Criminal Law and Procedure Sep. 6, 2001
In re Eduardo C.
Probation report that showed participation in gangs, was not enough to require defendant to register as gang member with local police department.
Juveniles Sep. 6, 2001
Fairchild v. Park
Tenant who successfully sued landlord for failing to provide habitable house is entitled to attorney fees.
Civil Procedure Sep. 6, 2001
People v. Dubon
Alien who pleaded nolo contendere is deemed to have received advisement of immigration consequences despite lack of official transcript of hearing.
Criminal Law and Procedure Sep. 6, 2001
Hansen v. Aerospace Defense Related Industry District Lodge 725 of the International Association of Machinists and Aerospace Workers
Labor Relations Management Act pre-empted employees' wrongful discharge claims.
Employment Law Sep. 6, 2001
People v. Solis
Other than one minor sentencing claim, court rejects defendant's challenge to sentencing and sufficiency of evidence.
Criminal Law and Procedure Sep. 6, 2001
Hensley v. McSweeney
In case involving fraud by fiduciary, proper measure of damages is out-of-pocket damages and not benefit of bargain damages.
Real Property Sep. 6, 2001
Lance Camper Mfg. Corp. v. Republic Indemnity Co. of America
Substantial evidence supports jury's verdict against workers' compensation insurer, and insurer must set reserves at reasonable expectation of claim's value.
Insurance Sep. 6, 2001
Apartment Assn. of Greater Los Angeles v. City of Los Angeles
City's housing code enforcement program is exempt from environmental review under California Environmental Quality Act, therefore environmental impact report isn't required.
Environmental Law Sep. 6, 2001
Housing Group v. United National Insurance Co.
Parties cannot stipulate to court's jurisdiction over settlement agreement where parties never filed pre-existing complaint with court.
Insurance Sep. 6, 2001
Bratcher v. Buckner
Court may order sale to satisfy judgment lien if any amount will remain after paying prior obligations to partially satisfy judgment.
Real Property Sep. 6, 2001
People v. Hutchins
Sentence enhancement for using firearm to commit murder did not expose defendant to double punishment for single crime.
Criminal Law and Procedure Sep. 6, 2001
Robertson v. Superior Court (Brooks)
Although Civil Code underlies right being asserted, it doesn't lessen applicability of statutes of limitations in Code of Civil Procedure for real property actions.
Civil Procedure Sep. 6, 2001
Catholic Charities of Sacramento Inc. v. Superior Court (Dept. of Managed Health Care)
Sep. 6, 2001
Chateau Chamberay Homeowners Assoc. v. Associated International Insurance Co.
Sep. 6, 2001
Opinion of Lockyer
Quo warranto action is denied where no substantial evidence exists to support allegation that board member moved out of his elected area.
Government Sep. 6, 2001
Arizona Libertarian Party v. Schmeral
State law governing selection of political party leaders is constitutional.
Constitutional Law Sep. 5, 2001
In re Alex M.
When statute underlying delinquency plea is unconstitutional and juvenile violates probation, plea agreement should be vacated and previously dismissed charges reinstated.
Criminal Law and Procedure Sep. 5, 2001
Andrews v. Willrich
No due process violation where statutes allow prosecutors to determine whether juveniles should be tried as adults in specified circumstances.
Juveniles Sep. 5, 2001
State v. Green
Probative value of defendant's prior convictions occurring 15 years earlier is outweighed by their prejudicial effect.
Criminal Law and Procedure Sep. 5, 2001
In re Joel R.
When pursing fleeing vehicle, statute requires law enforcement officers to use siren or other audible warning only 'as reasonably necessary.'
Criminal Law and Procedure Sep. 5, 2001
Mercer v. The Board of Trustees for the University of Northern Colorado
Order
Sep. 5, 2001
Weaver v. Ward
Order
Sep. 5, 2001
U.S. Bojorquez-Gastelum
Order
Sep. 5, 2001
People v. Montes
Conviction for 'penetration by foreign object on person under 14' is violent felony under 'three strikes.'
Criminal Law and Procedure Sep. 5, 2001
People v. Stewart
Defendant's right to equal protection violated when two statutes provided different punishments for same offense.
Criminal Law and Procedure Sep. 5, 2001
Avemco Insurance Co. v. Northern Colorado Air Charter Inc.
Cashing of insurance premium refund check does not constitute rescission of insurance contract.
Insurance Sep. 5, 2001
Vanderbeek v. Vernon Corporation
Damages in wrongful attachment case include missed opportunity to purchase stock at certain price.
Business Law Sep. 5, 2001
People v. Saleh
Defendant's use of foot to kick victim did not constitute use of deadly weapon to establish second degree assault.
Criminal Law and Procedure Sep. 5, 2001