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Name Category Published
Covenant Care Inc. v. Superior Court (Inclan)
Plaintiff seeking heightened remedies under Elder Abuse Act need not comply with Code of Civil Procedure Section 425.13 to claim punitive damages. 		Torts Jul. 26, 2004
Hason v. Medical Board of Calif.
Court should not have dismissed disability discrimination complaint against state medical board. 		Civil Rights Jul. 26, 2004
Lathrop v. Healthcare Partners Medical Group
Medical group is subject to $250,000 cap on noneconomic damages even though it is not "health care provider" as defined by MICRA. 		Torts Jul. 26, 2004
Marriage of Chakko
Because father continually abused discovery process, court properly entered order declaring his income at $40,000 per month. 		Family Law Jul. 26, 2004
People v. Toney
Penal Code Section 1538.5's prohibition on refiling dismissed charges does not bar reinstatement of complaint under Section 871.5. 		Criminal Law and Procedure Jul. 26, 2004
People v. Posey
Venue is question of law for court to be decided prior to trial. 		Criminal Law and Procedure Jul. 26, 2004
Jones v. Superior Court (People)
Proposition 115 reciprocal discovery provisions set forth in Criminal Discovery Statute do not apply in probation revocation hearing. 		Criminal Law and Procedure Jul. 26, 2004
Childs v. County of Santa Barbara
Child injured while riding scooter on uplifted sidewalk may sue county for dangerous condition. 		Torts Jul. 26, 2004
Rancho Santa Fe Assn. v. Dolan-King
Trial court did not err in directing partial verdict on validity of certain land use regulations. 		Civil Procedure Jul. 26, 2004
People v. Collins
Body cavity search of prison inmate did not violate the 4th Amendment as it was reasonable under circumstances. 		Constitutional Law Jul. 26, 2004
Zaremberg v. Superior Court (Shelley)
Referendum petition to overturn Health Insurance Act of 2003 is eligible for statewide ballot. 		Government Jul. 26, 2004
California Fair Plan Assn. v. Superior Court (Darwish)
Insured's failure to submit to examination under oath bars action against insurer for recovery of loss. 		Insurance Jul. 26, 2004
In re A.A. v. Superior Court (People)
Court erred in requiring minor to remain in custody while several continuances were granted in case. 		Family Law Jul. 26, 2004
Colleen S., a Minor
Court's suspension of juvenile's driver's license for vehicular manslaughter is limited to 12 months. 		Juveniles Jul. 26, 2004
Moraga-Orinda Fire Protection District v. Weir (Moraga Del Rey Homeowners Assn.)
Homeowners association that faced lawsuit after submitting statements in voter pamphlet is entitled to attorney fees under anti-SLAPP law. 		Civil Procedure Jul. 26, 2004
Lockheed Litigation Cases
Trial court did not err by excluding expert's declaration that did not provide reasonable basis for opinion. 		Civil Procedure Jul. 26, 2004
State v. Blakely
State did not violate defendant's plea agreement by presenting evidence supporting exceptional sentence. 		Criminal Law and Procedure Jul. 26, 2004
People v. Cleveland
In death penalty case, defendants' argument that bifurcated trial was prejudicial error was rejected. 		Criminal Law and Procedure Jul. 26, 2004
Contra Costa County Children and Family Services Bureau v. Superior Court (Lynda O.)
Juvenile court did not violate mother's due process rights by appointing guardian ad litem. 		Family Law Jul. 26, 2004
Centeno v. Superior Court (People)
Trial court must consider whether proposed tests of defendant are reasonably related to issue of mental retardation. 		Criminal Law and Procedure Jul. 26, 2004
Katz v. Los Gatos-Saratoga Joint Union High School District
School district must admit students who live on property that lies only partially within district boundaries. 		Education Jul. 26, 2004
Citizens For Better Streets v. Board of Supervisors of the City and County of San Francisco
Defendants did not violate Streets and Highways Code by failing to sell property at market value to fund construction project. 		Real Property Jul. 26, 2004
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific Univ.)
Land owner who made improvements after service in eminent domain action, cannot sue for value in inverse condemnation proceeding. 		Real Property Jul. 26, 2004
County of Orange v. Bezaire
Inflation cap under Proposition 13 must be calculated against original purchase price rather than reassessed value. 		Taxation Jul. 26, 2004
Olmstead v. Arthur J. Gallagher & Co.
Code of Civil Procedure Section 128.5 does not authorize imposition of sanctions for any form of misconduct arising after Dec. 31, 1994. 		Civil Procedure Jul. 26, 2004
Coldwell Banker Residential Brokerage Co. Inc. v. Superior Court (Salazar)
Minor who lived in contaminated house failed to state cause of action against seller's broker. 		Real Property Jul. 26, 2004
Ventura County Dept. of Child Support Services v. Brown
Court may compel trustee to make trust distributions for beneficiary's child support obligations. 		Probate and Trusts Jul. 26, 2004
Summerlin v. Stewart
Defendant's murder conviction is affirmed but death sentence is vacated. 		Criminal Law and Procedure Jul. 26, 2004
People v. Wallace
Trial court abused its discretion by striking prior conviction that constituted defendant's second strike. 		Criminal Law and Procedure Jul. 26, 2004
Mathieu v. Norrell Corp.
Temporary employment agency may be liable for retaliation against worker who complained of sexual harassment while on assignment. 		Employment Law Jul. 25, 2004
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