| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B149318
|
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 | |
|
B149435
|
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 | |
|
B142094
|
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 | |
|
B133570
|
Fairchild v. Park
Tenant who successfully sued landlord for failing to provide habitable house is entitled to attorney fees. |
Civil Procedure |
|
Sep. 6, 2001 | |
|
B142170
|
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 | |
|
B135132
|
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 | |
|
B142250
|
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 | |
|
F029415
|
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 | |
|
B131976
|
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 | |
|
B144335
|
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 | |
|
A089555
|
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 | |
|
D035139
|
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 | |
|
A092450
|
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 | |
|
A093924
|
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 | |
|
C037025
|
Catholic Charities of Sacramento Inc. v. Superior Court (Dept. of Managed Health Care)
|
|
Sep. 6, 2001 | ||
|
B137320
|
Chateau Chamberay Homeowners Assoc. v. Associated International Insurance Co.
|
|
Sep. 6, 2001 | ||
|
01-608
|
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 | |
|
00-0335
|
Arizona Libertarian Party v. Schmeral
State law governing selection of political party leaders is constitutional. |
Constitutional Law |
|
Sep. 5, 2001 | |
|
00-0219
|
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 | |
|
01-0072
|
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 | |
|
99-0569
|
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 | |
|
01-0004
|
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 | |
|
00-1163
|
Mercer v. The Board of Trustees for the University of Northern Colorado
Order |
|
Sep. 5, 2001 | ||
|
00-6386
|
Weaver v. Ward
Order |
|
Sep. 5, 2001 | ||
|
01-1061
|
U.S. Bojorquez-Gastelum
Order |
|
Sep. 5, 2001 | ||
|
B117195
|
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 | |
|
98CA0838
|
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 | |
|
99CA1262
|
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 | |
|
99CA1214
|
Vanderbeek v. Vernon Corporation
Damages in wrongful attachment case include missed opportunity to purchase stock at certain price. |
Business Law |
|
Sep. 5, 2001 | |
|
98CA2186
|
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 |