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PBA LLC v. KPOD Ltd.
Judge abused discretion by reversing earlier finding that party was vexatious litigant when there was no change in circumstances.
Civil Procedure Dec. 4, 2003
People v. Riva
Officer's second interrogation of suspect was conducted in conformity with the requirements of 'Miranda.'
Criminal Law and Procedure Dec. 4, 2003
Dixon v. Regents of the University of California
Plaintiff alleging racial discrimination against university may abandon his administrative hearing because of futility.
Civil Procedure Dec. 4, 2003
Ralphs Grocery Co. v. Superior Court (Swanson)
Because complaint alleges bonus plan of grocery store includes prohibited deductions for expenses, it states causes of action for violations of wage laws.
Labor Law Dec. 4, 2003
KB Home v. Superior Court (Consolidated Industries Corp.)
Home builder may seek tort damages for defective furnace rod that damaged other parts of furnace.
Torts Dec. 4, 2003
Moles v. Gourley
Virginia DUI conviction was entitled to reciprocal treatment in California under the Driver License Compact.
Criminal Law and Procedure Dec. 4, 2003
County of Los Angeles v. Southern California Edison Co.
Court did not err in determining market value of power plants nor in determining amount of underpayment of documentary transfer tax.
Taxation Dec. 4, 2003
Lempert v. Superior Court (Campbell)
Superior court erred by requiring formal motion to withdraw at arraingment on information and also abused its discretion in denying motion.
Attorneys Dec. 4, 2003
Sahlolbei v. Providence Healthcare Inc.
Hospital was required to hold hearing before terminating physician's staff privileges.
Employment Law Dec. 4, 2003
Windham at Carmel Mountain Ranch Assn. v. Superior Court (The Presley Companies)
Code of Civil Procedure provides requisite privity of contract to allow petitioner to state cause of action for breach of implied warranty.
Contracts Dec. 4, 2003
Silvio v. Ford Motor Co.
Auto manufacturer that had only one opportunity to repair vehicle is not liable under consumer warranty law.
Business Law Dec. 4, 2003
Do v. Superior Court
Party represented by lawyer who does not charge fee is still entitled to monetary sanctions.
Attorneys Dec. 4, 2003
Sanchez v. City of Los Angeles
Death of defense counsel did not excuse plaintiff from requirement that case be tried within five-year period.
Civil Procedure Dec. 4, 2003
Santa Monica Rent Control Board v. Pearl Street LLC
Rent control board's lawsuit against apartment owner was not strategic lawsuit against public participation.
Civil Procedure Dec. 4, 2003
People v. Sharp
Proposition 36 does not apply to conviction for cultivation of marijuana for personal use.
Criminal Law and Procedure Dec. 4, 2003
People v. Wollschlager
Finding that defendant qualifies as sexually violent predator under SVP Act necessarily means defendant has serious difficulty in controlling behavior.
Criminal Law and Procedure Dec. 3, 2003
People v. Smith
Order
Dec. 3, 2003
Ordonez v. INS
Because oral notice to petitioner regarding impact of failing to voluntarily depart was inadequate, bar to suspension of deportation is inapplicable.
Immigration Dec. 3, 2003
Schifando v. City of Los Angeles
Before city employee files suit, administrative remedies provided under Fair Employment and Housing Act and City Charter must be exhausted.
Employment Law Dec. 2, 2003
Schifando v. City of Los Angeles
Order
Dec. 2, 2003
Salazar v. Diversified Paratransit Inc.
California Fair Employment and Housing Act does not create employer liability when non-employee client or customer sexually harasses employee.
Employment Law Dec. 2, 2003
Carter v. California Dept. of Veterans Affairs
Veterans' hospital is not liable under state law for harassing conduct of patient.
Employment Law Dec. 2, 2003
Hernandez v. Hughes Missile Systems Co.
Company's policy not to rehire employees who resigned due to violations of personal conduct rules violates ADA, as applied to rehabilitated drug addicts.
Employment Law Dec. 2, 2003
Carter v. California Dept. of Veterans Affairs
Order
Dec. 2, 2003
U.S. v. Banks
Officers' forced entry during execution of search warrant was improper due to failure to secure affirmative denial of entry from occupant.
Criminal Law and Procedure Dec. 2, 2003
People v. Miramontes
Order
Dec. 2, 2003
Equal Employment Opportunity Commission v. Pacific Maritime Assn.
Shipping association that dispatched assignments was not joint employer of worker alleging sexual harassment.
Employment Law Dec. 2, 2003
Raytheon Co. v. Hernandez
Employer may not be liable for refusing to rehire employee who had been forced to resign for using cocaine.
Employment Law Dec. 2, 2003
Abreu-Reyes v. INS
Order
Dec. 2, 2003
Crist v. Hart
Order
Dec. 2, 2003