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People v. Lopez
Like robbery, felonious taking element of carjacking requires asportation or movement of vehicle.
Criminal Law and Procedure Jul. 28, 2004
Dept. of Health Services v. Superior Court (McGinnis)
Employer is strictly liable for hostile environment sexual harassment by supervisor under California's Fair Employment and Housing Act.
Employment Law Jul. 28, 2004
People v. Billa
Defendant is found guilty under felony-murder rule for accomplice's death in arson case.
Criminal Law and Procedure Jul. 28, 2004
Schifando v. City of Los Angeles
City employee claiming discrimination under FEHA need not exhaust exhaust administrative remedies under city charter.
Employment Law Jul. 28, 2004
Louis S., a Minor
Agency did not comply with notice provisions of Indian Child Welfare Act.
Native American Affairs Jul. 28, 2004
Miranda v. 21st Century Insurance Co.
Court had jurisdiction to dismiss arbitration regarding underinsured motorist claim.
Insurance Jul. 28, 2004
Seneca Insurance Co. v. County of Orange
Where statutory period to enter summary judgment expired, trial court had no jurisdiction to enter summary judgment against surety.
Criminal Law and Procedure Jul. 28, 2004
In re Jacob S.
Mother's failure to raise challenge under Indian Child Welfare Act before juvenile court prevents appellate review.
Family Law Jul. 28, 2004
Salus v. San Diego County Employees Retirement Association
Sick leave payments are not final compensation required in calculating appellants' retirement benefits.
Employment Law Jul. 28, 2004
Barratt American Inc. v. City of San Diego
Proposition 218 does not repeal or otherwise invalidate Code of Civil Procedure Section 329.5.
Civil Procedure Jul. 28, 2004
People v. Pitts
Evidence seized must be suppressed because officer lacked reasonable suspicion justifying defendant's detention.
Criminal Law and Procedure Jul. 28, 2004
People v. Meeks
Defendant who stopped complying with requirement to register as felon is guilty of multiple offenses.
Criminal Law and Procedure Jul. 28, 2004
People v. Stewart
Court erred in not including penalty assessments to defendant's sexual offender fine at sentencing.
Criminal Law and Procedure Jul. 28, 2004
Chatsky and Associates v. Superior Court (Bank of America Corp.)
One-year limitations period applies to claims by depositors against bank for payment of forged checks written on accounts.
Civil Procedure Jul. 28, 2004
Conservatorship of Martha P.
Public conservator has authority to voluntarily dismiss conservatorship petition.
Government Jul. 28, 2004
Fong v. Westly
Trial court properly granted summary adjudication against plaintiffs' claims under Unclaimed Property Law.
Government Jul. 28, 2004
People v. Butte
Defendant forfeits right to complain of insufficient notice of charges when he waived preliminary hearing.
Criminal Law and Procedure Jul. 28, 2004
Jorge G., a Minor
Evidence is not sufficient to support finding that crimes of juvenile were gang-related for purposes of requiring gang registration.
Criminal Law and Procedure Jul. 28, 2004
People v. Dagostino
Defendant with drug-related probation violation should not be excluded Proposition 36 sentencing.
Criminal Law and Procedure Jul. 28, 2004
In re Young
Despite conviction under Three Strikes Law, defendant is still eligible for sentence reduction for heroic act.
Criminal Law and Procedure Jul. 28, 2004
Dowhal v. Smithkline Beecham Consumer Healthcare
FDA may prohibit use of Proposition 65 warnings that may mislead consumers even if warnings are truthful.
Constitutional Law Jul. 28, 2004
Zamos v. Stroud
Attorney is liable for malicious prosecution for continuing to prosecute lawsuit discovered to lack probable cause.
Torts Jul. 28, 2004
Barratt American v. City of Encinitas
Order
Jul. 28, 2004
People v. Britt
Sex offender may not be prosecuted twice for failing to register in county of former residence and in county of new residence.
Criminal Law and Procedure Jul. 28, 2004
London v. Dri-Honing Corp.
Motion for monetary discovery sanctions may be filed separately from motion to compel further discovery.
Civil Procedure Jul. 28, 2004
Hernandez v. County of San Bernardino
County is not entitled to determination of immunity when undeveloped record does not reveal family agency as state actor.
Constitutional Law Jul. 28, 2004
People v. Gipson
Doubling of defendant's base sentence under Three Strikes law doesn't violate contract clauses of federal and state constitutions.
Criminal Law and Procedure Jul. 28, 2004
Citizens for Goleta Valley v. HT Santa Barbara
Defendants must provide bond or letter of credit securing their payment obligations under prior settlement agreement.
Contracts Jul. 28, 2004
Alvarez v. Superior Court (Los Angeles County Sheriff's Dept.)
Defendant on trial for resisting arrest is entitled to discover evidence that arresting officer engaged in workplace violence.
Criminal Law and Procedure Jul. 28, 2004
Haggerty v. Superior Court (Guindazola)
Trial court erred in ordering disclosure of internal affairs' report without first redacting portions reflecting investigating officer's analysis and conclusions.
Civil Procedure Jul. 28, 2004