| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C033002
|
People v. Dey
Presence of marijuana in passenger compartment of automobile provides probable cause for search of trunk. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
S080610
|
Gerawan Farming Inc. v. Lyons
Marketing order compelling farmer to fund generic advertising implicates right to engage in speech protected by state, not federal, constitution. |
Constitutional Law |
|
Jan. 4, 2001 | |
|
A087919
|
People v. Camarillo
Driving while intoxicated conviction, later declared a misdemeanor for all purposes, may not be charged as prior felony conviction. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
C033467
|
Heavenly Valley v. El Dorado County Board of Equalization
Court errs in adopting business taxpayer's opinion of property value when it should have remanded case for administrative hearing on the issue. |
Taxation |
|
Jan. 4, 2001 | |
|
B134895
|
CD Investment Co. v. California Insurance Guarantee Association
Ability of solvent insurers to pay claims does not relieve association of obligation to cover claims on behalf of non-solvent insurers. |
Insurance |
|
Jan. 4, 2001 | |
|
B125408
|
Louie v. Gdowski
Homeowner whose landscaping increased flood damage to neighbor is subject to more stringent standard of liability than negligence. |
Torts |
|
Jan. 4, 2001 | |
|
A083235
|
People v. Younger
Jury instructions that allow jury to consider prior offenses as inference that boyfriend committed murder are not harmless error. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
C033959
|
People v. Drennan
School superintendent's conviction for recording confidential communications in prinicpal's office is reversed. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
B136005
|
Malone v. Equitas Reinsurance Limited, et al.
Personal jurisdiction does not exist when foreign insurance company does not solicit business or have sufficient contacts in California. |
Civil Procedure |
|
Jan. 4, 2001 | |
|
G023526
|
Villa Milano Homeowners Association v. Davorge
Binding arbitration clause does not prevent homeowners from suing for construction and design defects. |
Contracts |
|
Jan. 4, 2001 | |
|
G023913
|
People v. Thornton
Defendant who volunteered statement about drug use was not prejudiced by admission of statement at trial. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
C031869
|
People v. Baniqued
Rooster or other birds qualify as animals for purposes of animal cruelty statutes found in Penal Code. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
G021552
|
Farnam v. State of California
Suit by city police officer bitten by CHP police dog is barred by assumption of risk doctrine. |
Torts |
|
Jan. 4, 2001 | |
|
A088891
|
Rogers v. Peinado
Party who agreed to resolve contractual dispute through private arbitration may not subsequently sue for malicious prosecution. |
Contracts |
|
Jan. 4, 2001 | |
|
B137358
|
County of Los Angeles v. Superior Court (Crystal B.)
Court errs in granting minors' application for relief from claim-filing requirements when juvenile court's appointment of independent counsel caused tort claims to accrue. |
Family Law |
|
Jan. 4, 2001 | |
|
A088416
|
City and County of San Francisco v. Givens
Clear and convincing evidence that alleged father didn't have access to mother rebuts presumption of paternity. |
Family Law |
|
Jan. 4, 2001 | |
|
S080318
|
Hi-Voltage Wire Works Inc. v. City of San Jose
City program requiring contractors to seek minority and female participation violates California Constitution. |
Constitutional Law |
|
Jan. 4, 2001 | |
|
A089186
|
People v. Amin
Court does not abuse discretion in ordering employee who received workers compensation to pay restitution to defrauded insurance carrier. |
Insurance |
|
Jan. 4, 2001 | |
|
S071258
|
Aas v. Superior Court (In re William Lyon Co.)
Construction defects that do not cause physical damage do not support claim of negligence or strict liability. |
Torts |
|
Jan. 4, 2001 | |
|
S068162
|
People v. Duarte
Post-arrest statements not specifically disserving to declarant's interest and lacking sufficient indica of trustworthiness do not qualify for exception to hearsay rule. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-17079
|
Hawaii Teamsters and Allied Workers Union, Local 996 v. United Parcel Service
Arbitrator's ruling confirming employee's discharge should be vacated for misinterpreting labor contract. |
Labor Law |
|
Jan. 3, 2001 | |
|
98-70565
|
Shoafera v. INS
Rape by government official due to ethnicity establishes that Amharic woman suffered past persecution. |
Immigration |
|
Jan. 3, 2001 | |
|
99-10342
|
U.S. v. Jimenez-Frias
Providing transportation to illegal aliens even in course of employment is sufficient to find liability. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-56797
|
Downs v. Los Angeles Unified School District
School principal's order that teacher remove bulletin board conveying anti-gay sentiments is not violation of teacher's free speech rights. |
Civil Rights |
|
Jan. 3, 2001 | |
|
98-17324
|
Howard v. Everex Systems Inc.
CEO, who acting with scienter, signs SEC filing containing misrepresentations is liable as primary violator of Security Exchange Act Section 10(b). |
Corporations |
|
Jan. 3, 2001 | |
|
99-15243
|
National Association for the Advancement of Psychoanalysis v. California Board of Psychology
State licensing requirement for psychologists does not violate free speech or association rights. |
Constitutional Law |
|
Jan. 3, 2001 | |
|
99-16550
|
Cole v. Oroville Union High School District
Students' free speech, equitable claims are moot because they have graduated, but damage claims fail because speech violated Establishment Clause. |
Constitutional Law |
|
Jan. 3, 2001 | |
|
99-35647
|
Shewfelt v. Alaska
Court's failure to provide accused with opportunity to be present at playback of trial testimony violates Sixth Amendment, but is harmless error. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-55040
|
U.S. v. Maggio
Police had probable cause to unlock car of defendant who provided inconsistent answers and failed to furnish identification. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
00-30021
|
U.S. v. Juvenile
Mandatory transfer of juvenile to adult status based on certain predicate offenses is not violation of due process and equal protection. |
Juveniles |
|
Jan. 3, 2001 |