Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B160257
|
McManus v. CIBC World Markets Corp.
Arbitration agreements of securities organizations that employee was required to execute under federal and state law are enforceable. |
Civil Procedure |
|
Nov. 26, 2003 | |
A095534
|
People v. Ortiz
Evidence of defendant's previous misconduct involving use of alcohol was admissible in prosecution for vehicular murder. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
A097349
|
People v. Hard
Defendant who possessed solvent during early stage of methamphetamine production is subject to sentence enhancement. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
C039174
|
People v. Norman
Statute penalizing 'child-homicide' is not unconstitutional. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
E031387
|
People v. Rich
Holding trial in separate county from where crime was committed did not violate venue provisions. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
C040668
|
People v. Barrett
Records of defendant's participation in drinking driver program are not subject to Health and Safety Code Section 11977. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
D039267
|
Loshonkohl v. Kinder
Statute allowing peace officers to bring defamation claims against complainants is constitutional. |
Constitutional Law |
|
Nov. 26, 2003 | |
D038973
|
People v. Harper
Defendant sentenced to indeterminate life term cannot receive enhancement of consecutive determinate term. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
A097446
|
People v. McDougal
Jeopardy does not attach where defendant requests dismissal before first jury renders verdict and second jury is then impaneled for second proceeding. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
E032426
|
McDaneld v. Eastern Municipal Water District Board
Employer could properly terminate worker based on reasonable belief he was misusing his family leave. |
Employment Law |
|
Nov. 26, 2003 | |
B162210
|
Net2Phone Inc. v. Superior Court (Consumer Cause Inc.)
Consumer group suing to enforce state's business laws is bound by contract's forum selection clause. |
Civil Procedure |
|
Nov. 26, 2003 | |
B147015
|
People v. Schmaus
Defendant's right to confrontation was violated by admission of statement made by his nontestifying codefendant. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
D036550
|
People v. Fulton
Attorney fees incurred in pursuit of economic and noneconomic damages are recoverable as restitution; $25,000 fee was reasonable. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
B158771
|
People v. Ramirez
Defendant's challenge to sentence may not be brought first time on appeal. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
B154868
|
Palmer v. Regents of the University of California
University employee alleging retaliation must exhaust internal grievance procedures before filing lawsuit. |
Employment Law |
|
Nov. 26, 2003 | |
B163795
|
People v. Hodgson
Defendant who held gate open while fellow gang member shot victim is guilty of first-degree murder. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
E031875
|
People v. Hernandez
Jury instructions stating original aggressor or mutual combatant must clearly inform adversary of withdrawal in order to claim self-defense was erroneous. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
E031437
|
People v. Yum
SPECT brain scan is not admissible to show defendant suffered from psychiatric disorder. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
H022010
|
People v. Jackson
Court erred in not instructing jury that defendant's failure to register as sex offender must be willful. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
B161477
|
Lieberman v. KCOP Television Inc.
Although secret recordings were in connection with public interest, denial of defendant's anti-SLAPP motion was proper. |
Civil Procedure |
|
Nov. 26, 2003 | |
H025098
|
People v. Jernigan
Defendant's absence at competency hearing does not constitute due process violation; appointment of second attorney not required. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
F040888
|
People v. Jackson
Where evidence was unlikely to lead to material evidence, trial court did not abuse its discretion in denying requested discovery. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
C041206
|
People v. Lizarraga
Defendant's request to be committed to prison drug rehabilitation center cannot be raised for first time on appeal. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
A101737
|
Orrick Herrington & Sutcliffe v. Superior Court (Malcolm)
Legal fees incurred in unsuccessful attempt to overturn settlement are not possible tort damages in legal malpractice action. |
Attorneys |
|
Nov. 26, 2003 | |
A100485
|
People v. Espinoza
Alien subject to deportation was not entitled to probation under Proposition 36 for drug offense. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
H021790
|
People v. Murphy
Court was required to conduct evidentiary hearing before allowing use of one-way glass during alleged victim's testimony. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
B158648
|
People v. Garcia
Defendant who evaded multiple police vehicles is liable for only single count of felony evading. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
B162919
|
People v. Shabazz
Defendant who was in custody for parole violation is not entitled to presentence custody credit for unrelated forgery conviction. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
A098585
|
People v. Groves
Defendant who sexually assaulted victim twice within minutes is subject to consecutive sentences. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
D039240
|
Norman v. Life Care Centers of America Inc.
In action alleging elder abuse and wrongful death, court improperly denied jury instruction on negligence per se. |
Torts |
|
Nov. 26, 2003 |