| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A089749
|
People v. Health Laboratories of North America Inc.
Statute that prohibits lawsuits intended to chill free speech does not cover enforcement activities of district attorney. |
Government |
|
Jul. 2, 2001 | |
|
A091894
|
Bibb v. Bibb
Automobile not validly transmuted should have been included in probate estate as husband's separate property. |
Probate and Trusts |
|
Jul. 2, 2001 | |
|
G025009
|
Remsen v. Lavacot
Trustees of trust created before July 1, 1989 is not required to pay interest on cash gift. |
Probate and Trusts |
|
Jul. 2, 2001 | |
|
H020311
|
Ajida Technologies Inc. v. Roos Instruments Inc.
Parties' duty to arbitrate arising from joint agreement survives termination of the agreement. |
Civil Procedure |
|
Jul. 2, 2001 | |
|
A088732
|
People v. McGinnis
Defendant who committed crimes to fund drug addiction is entitled to evaluation for rehabilitation program. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
C029714
|
Pichly v. Nortech Waste LLC
Employment contract containing binding arbitration clause isn't unconscionable because employee is not in weaker position. |
Civil Procedure |
|
Jul. 2, 2001 | |
|
S078879
|
In re Resendiz
Incorrect advice from attorney relating to consequences of guilty plea on immigration status is not ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
S083632
|
Preston v. State Board of Equalization
Artist must pay sales taxes for illustrations she sold to book publisher but not for accompanying copyrights. |
Taxation |
|
Jul. 2, 2001 | |
|
00-15432
|
Bunney v. Mitchell
Order |
|
Jul. 2, 2001 | ||
|
00-70013
|
Estate of Simplot
Premium should not be applied to minority voting stock of decedent's company when determining estate tax deficiency. |
Taxation |
|
Jul. 2, 2001 | |
|
99-30213
|
U.S. v. Sherburne
Awarding attorney fees to defendant for wrongful criminal prosecution must not involve second-guessing reasonableness of government's tactical decisions. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
99-70596
|
Montero-Martinez v. Ashcroft
Order |
|
Jul. 2, 2001 | ||
|
D030802
|
Coscia v. McKenna & Cuneo
Standing conviction on guilty plea doesn't collaterally estop plaintiff in malpractice action from alleging and proving actual innocence. |
Attorneys |
|
Jul. 1, 2001 | |
|
B140436
|
People v. Palmer
Defendant convicted of continuous sexual abuse is not eligible for sentence under 'one strike' law. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B135799
|
Gulf Insurance Co. v. TIG Insurance Co.
Implied covenant of good faith and fair dealing is owed only to those who are entitled to benefits under insurance policy. |
Insurance |
|
Jul. 1, 2001 | |
|
D035559
|
City of San Diego v. Dunkl
SLAPP motion is moot once opposing party prevails on legal questions presented for resolution. |
Civil Procedure |
|
Jul. 1, 2001 | |
|
A088300
|
McCormick v. Travelers Insurance Co.
Insurance policyholder's lawsuit over denial of flood coverage must be brought in federal court. |
Insurance |
|
Jul. 1, 2001 | |
|
B143617
|
Rademan v. Superior Court (Joseph)
Trial court may review records of psychotherapist's patients to determine if crime/tort exception to psychotherapist-patient privilege is applicable. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B138366
|
Echevarrieta v. City of Rancho Palos Verdes
City ordinance that regulates foliage heights doesn't constitute governmental taking without just compensation. |
Real Property |
|
Jul. 1, 2001 | |
|
A084401
|
The Nippon Credit Bank Ltd., Los Angeles Agency v. 1333 North California Boulevard
Bad faith waste cause of action includes situations where defendant has failed to pay property taxes. |
Taxation |
|
Jul. 1, 2001 | |
|
B134479
|
People v. Luera
Child pornography is admissible despite anonymity of informant and apparently inconsistent accounts by police officer. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B135960
|
People v. McPherson
Imposing consecutive sentences is proper where defendant commits two separate crimes: aiding and abetting rape and rape. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B138557
|
Hermosa Beach Stop Oil Coalition v. City (Windward Associates)
Applying proposition banning oil drilling to preexisting project is valid exercise of City's police power and is not unconstitutional impairment of contract. |
Constitutional Law |
|
Jul. 1, 2001 | |
|
B112612
|
Rufo v. Simpson
Trial court didn't' err in admitting and excluding evidence, and damage awards aren't excessive in civil actions against O.J. Simpson. |
Civil Procedure |
|
Jul. 1, 2001 | |
|
E025054
|
Marriage of Scheppers
Life insurance proceeds are not included in calculation of child support obligations. |
Family Law |
|
Jul. 1, 2001 | |
|
E027176
|
Slayton v. Slayton
Court may consider testimony of mediator in child custody case as evidence to establish that one parent is guilty of neglect. |
Family Law |
|
Jul. 1, 2001 | |
|
B139842
|
People v. Jenkins
When offenses are committed on same occasion and arise from same set of operative facts, court doesn't have discretion to sentence concurrently. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
A086348
|
C.J.A. Corp. v. Trans-Action Financial Corp.
Second deed of trust holder cannot change remedy to money judgment after obtaining judgment of judicial foreclosure. |
Civil Procedure |
|
Jul. 1, 2001 | |
|
F032226
|
People v. Lozano
Sentence enhancement is not proper if it results in double punishment of gang member under two separate statutes. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B106689
|
People v. Hein
Defendant who stood in doorway as murder was being committed does not deserve finding of special circumstances. |
Criminal Law and Procedure |
|
Jul. 1, 2001 |
