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Name Category Published
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
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
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
People v. Norman
Statute penalizing 'child-homicide' is not unconstitutional. 		Criminal Law and Procedure Nov. 26, 2003
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
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
Loshonkohl v. Kinder
Statute allowing peace officers to bring defamation claims against complainants is constitutional. 		Constitutional Law Nov. 26, 2003
People v. Harper
Defendant sentenced to indeterminate life term cannot receive enhancement of consecutive determinate term. 		Criminal Law and Procedure Nov. 26, 2003
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
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
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
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
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
People v. Ramirez
Defendant's challenge to sentence may not be brought first time on appeal. 		Criminal Law and Procedure Nov. 26, 2003
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
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
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
People v. Yum
SPECT brain scan is not admissible to show defendant suffered from psychiatric disorder. 		Criminal Law and Procedure Nov. 26, 2003
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
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
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
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
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
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
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
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
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
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
People v. Groves
Defendant who sexually assaulted victim twice within minutes is subject to consecutive sentences. 		Criminal Law and Procedure Nov. 26, 2003
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
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