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Name Category Published
Simkins v. Navadacare Inc.
Health insurance covering chemotherapy and blood transfusions includes coverage for high-dose chemotherapy with peripheral stem cell rescue for recurrence of breast cancer.
Insurance Jan. 3, 2001
Stoney Brook I Homeowners Assn. v. Superior Court (Diehl)
Court's order requiring physician to allow temporary personnel access to patient files in order to compile compensation summary is excessively intrusive.
Civil Procedure Jan. 3, 2001
Session Payroll Management Inc. v. Noble Construction Co. Inc.
Prevailing party in breach-of-contract action by third-party beneficiary cannot recover attorney fees where such provision not for benefit of nonsignatory parties.
Contracts Jan. 3, 2001
California State Automobile Inter-Insurance Bureau v. Parichan
'Case within case' procedure not required to establish causation and damages where legal malpractice action takes place in 'transactional setting.'
Attorneys Jan. 3, 2001
Malish v. City of San Diego
Ordinances allowing city to suspend or revoke pawnbroker's local permit based on any violation of applicable state law are pre-empted by state-statutory prohibitions.
Government Jan. 3, 2001
In re Liam L.
Voluntary declaration of paternity entitles male to presumed father status in dependency proceedings.
Family Law Jan. 3, 2001
Rattan v. United Services Automobile Association
Punitive damages award not appropriate when based on insurer's collateral obligations as guarantor of workmanship instead of its obligations as insurer.
Insurance Jan. 3, 2001
Neufeld v. Balboa Insurance Co.
Insurance company that fails to disclose statute of limitations may not assert insured party's untimeliness as defense.
Insurance Jan. 3, 2001
Aaron H., a Minor
Biological father's unexcused failure to respond within 30 days of notice leads to termination of parental rights.
Family Law Jan. 3, 2001
Barella v. Exchange Bank
Confidentiality condition in defamation settlement offer renders it invalid for purposes of cost-shifting provisions of Code of Civil Procedure Section 998.
Torts Jan. 3, 2001
Martirosyan v. INS
Armenian immigrant who would have been required to abuse prisoners of war is eligible for asylum.
Immigration Jan. 3, 2001
Villa Milano Homeowners Association v. Il Davorge
Binding arbitration clause does not prevent homeowners from suing for construction and design defects.
Contracts Jan. 3, 2001
Moulton v. Workers' Compensation Appeals Board (County of San Diego)
County is assessed three separate penalties based on its unreasonable delay in paying worker temporary disability benefits.
Employment Law Jan. 3, 2001
Warren-Guthrie v. Health Net
Court erred in relying on California law to deny motion to compel arbitration because Federal Arbitration Act pre-empts state statute.
Insurance Jan. 3, 2001
Adam N., a Minor
Father who fails to establish child's membership in Indian tribe is not entitled to reversal of custody ruling.
Native American Affairs Jan. 3, 2001
Shelia S. v. Superior Court (Santa Clara County Dept. of Family and Children's Services)
Section 388 petition is appropriate vehicle for modifying dispositional order and terminating reunification services.
Family Law Jan. 3, 2001
People v. Perez
Kidnapping with specific intent to facilitate commission of carjacking includes kidnapping to effect escape or prevent sounding of alarm.
Criminal Law and Procedure Jan. 3, 2001
American National Insurance Co. v. Low
Claims of insurance-company policyholder against insolvent insurer fall within category of covered claim for purpose of determining priority obligations owed by insolvent insurer.
Insurance Jan. 3, 2001
City of Vista v. Robert Thomas Securities, Inc.
Court errs in finding statute of limitations ran when cause of action does not accrue until damages have been sustained.
Torts Jan. 3, 2001
People v. Staten
Petitioner's claims attacking guilty judgment and death sentence are without merit.
Criminal Law and Procedure Jan. 3, 2001
County of Los Angeles v. Nobel Insurance Co.
When court has good cause to extend hearing to vacate forfeiture and exonerate bail, surety may not vacate summary judgment.
Criminal Law and Procedure Jan. 3, 2001
California Highway Patrol v. Superior Court (Luna)
Court abuses discretion by ordering CHP to produce personnel records when defendant does not meet good cause requirement for discovery.
Criminal Law and Procedure Jan. 3, 2001
People v. Joiner
Statute prohibiting misrepresentation of motor vehicle identification numbers is not lesser included offense of statute prohibiting tampering of motor vehicle identification numbers.
Criminal Law and Procedure Jan. 3, 2001
Hooser v. Superior Court (Ray)
Attorney subject to money judgment is not required to disclose information regarding clients to creditors.
Attorneys Jan. 3, 2001
Huffman v. City of Poway
Actor injured while rehearsing play at city owned and operated facility has claims for premises liability and negligence against city and production company.
Torts Jan. 3, 2001
Diffey v. Riverside County Sheriff's Dept.
Color-blind applicant who is not hired as deputy sheriff fails to establish disability discrimination.
Employment Law Jan. 3, 2001
Morris v. Employers Reinsurance Corp.
Court erred in holding that ownership exclusion of real estate broker's liability insurance policy applied where broker never completed purchase of property.
Insurance Jan. 3, 2001
Shubin v. William Lyons Homes Inc.
When unconscionable provision does not permeate arbitration agreement, it can be severed and court must enforce remaining portions.
Employment Law Jan. 3, 2001
People v. Thomason
Videos depicting torture of domesticated rodents that did not pose health hazard are unlawful.
Criminal Law and Procedure Jan. 3, 2001
Harris v. Lammers
Court reverses award of noneconomic damages to injured owner of vehicle in accident where vehicle is uninsured.
Torts Jan. 3, 2001