| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-35823
|
American Assn. of Naturopathic Physicians v. Hayhurst
Party who raises only one defense in motion to vacate default judgment waives all other defenses. |
Civil Procedure |
|
Sep. 22, 2000 | |
|
99-55850
|
Worldwide Church of God v. Philadelphia Church of God
Copyright infringement of church's creative religious work by another church is not protected by 'fair use' doctrine. |
Intellectual Property |
|
Sep. 22, 2000 | |
|
99-35675
|
Hells Canyon Alliance v. US Forest Service
Forest Service found to have adequately considered alternatives to protect river designated as wild and scenic. |
Environmental Law |
|
Sep. 22, 2000 | |
|
S090507
|
City and County of San Francisco v. Tijerino
Court-ordered blood test is not new or different fact or circumstance that justifies motion for reconsideration. |
Civil Procedure |
|
Sep. 22, 2000 | |
|
B099330
|
People v. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
S075720
|
People v. Camacho
Police observations through bedroom window from non-public area constitutes unlawful search. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
S079196
|
People v. Bolden
Defense counsel's rejection of lesser included offense jury instruction is invited error that cannot be appealed. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
A075357
|
Arlington Investment Co. v. Tarcher
Lender isn't prohibited from maintaining negligent misrepresentation action against third party non-borrowers who induced loan. |
Banking |
|
Sep. 21, 2000 | |
|
B094578
|
Cel-Tech Communications Inc. v. Los Angeles Cellular Telephone Co.
Cellular telephone provider's practice of selling phones below cost can constitute unfair competition. |
Antitrust |
|
Sep. 21, 2000 | |
|
S062860
|
People v. Allen
Order |
|
Sep. 21, 2000 | ||
|
D022069
|
Wiley v. County of San Diego
Malpractice finding against public defender is invalid after transcript incorrectly admitted and other evidence excluded. |
Attorneys |
|
Sep. 21, 2000 | |
|
B081544
|
California Coastal Commission v. Buckley
Coastal Commission loses jurisdiction over development of lot after placing it within single-family residence construction area. |
Administrative Agencies |
|
Sep. 21, 2000 | |
|
S081186
|
Stroud v. Superior Court (People)
Opinion |
|
Sep. 21, 2000 | ||
|
B118828
|
People v. Deptowicz
Trial court's failure to impose mandatory restitution fine will not be corrected where prosecutor remained silent. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
S077109
|
People v. Deptowicz
Trial court's failure to impose mandatory restitution fine will not be corrected where prosecutor remained silent. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
B088215
|
Ridgley v. Topa Thrift and Loan Association
Penalty triggered by prepayment on a loan is not an invalid late charge or forfeiture. |
Contracts |
|
Sep. 21, 2000 | |
|
S068095
|
Landau v. Superior Court (Medical Board of California)
Review granted |
|
Sep. 21, 2000 | ||
|
99-116
|
Fischer v. U.S.
Hospital reimbursed by Medicare receives sufficient federal 'benefits' within meaning of federal fraud statute. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
B118176
|
Post v. Palo/Haklar & Associates
After Labor Commissioner finds there was no employment relationship, and thus lacks jurisdiction, superior court also lacks jurisdiction to review. |
Administrative Agencies |
|
Sep. 21, 2000 | |
|
S070028
|
People v. Allen
Dual convictions for burglary and selling stolen property are permissible. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
S069237
|
People v. Castenada
Review granted |
|
Sep. 21, 2000 | ||
|
S079107
|
Swinney v. Chevron Chemical Co.
Order |
|
Sep. 21, 2000 | ||
|
B118740
|
People v. Bolden
Defense counsel's rejection of lesser included offense jury instruction is invited error that cannot be appealed. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
S083297
|
People v. Kemp
Review granted |
|
Sep. 21, 2000 | ||
|
S085248
|
People v. Cardenas
Review granted |
|
Sep. 21, 2000 | ||
|
S083962
|
Viad Corporation v. Superior Court (Vigus)
Order |
|
Sep. 21, 2000 | ||
|
H015007
|
Hubbart v. Superior Court (People)
Sexually Violent Predators Act is constitutional on face and isn't double jeopardy nor ex post facto violation. |
Criminal Law and Procedure |
|
Sep. 21, 2000 | |
|
A073726
|
Barkhordarian v. Cooley, Godward, Castro, Huddleson & Tatum
Undisputed factual showing of harm does not establish 'actual injury' as matter of law. |
Attorneys |
|
Sep. 21, 2000 | |
|
A072446 and A074357
|
Briggs v. Eden Council for Hope and Opportunity
Grant of special motion to strike is incorrect when underlying conduct isn't matter of public concern. |
Civil Procedure |
|
Sep. 21, 2000 | |
|
S069237
|
People v. Castenada
Active participation for purposes of Penal Code Section 186.22 requires more than nominal or passive involvement with gang. |
Criminal Law and Procedure |
|
Sep. 21, 2000 |