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People v. Rivera
Trial court did not err in allowing defendant to be impeached with juvenile adjudication for possession of deadly weapon with intent to assault.
Criminal Law and Procedure Nov. 26, 2003
People v. Moreno
Trial court may order defendant to reimburse state for payments made to victim's family despite original sentence failing to provide direct restitution.
Criminal Law and Procedure Nov. 26, 2003
People v. Maheshwari
Restitution award properly included attorney fees and costs to hire private investigator.
Criminal Law and Procedure Nov. 26, 2003
Palmer v. Schindler Elevator Corp.
A defective offer under Code of Civil Procedure Section 998 extinguishes any prior offers.
Civil Procedure Nov. 26, 2003
Mansell v. Otto
Defense attorneys are not liable for unauthorized reading of victim's mental health records.
Constitutional Law Nov. 26, 2003
Manriquez v. Adams
Pursuant to Labor Code Section 3860, attorney's fee is calculated by reference to benefit received solely by client.
Attorneys Nov. 26, 2003
People v. Jordan
Prosecutor had no duty to disclose complaints about its witness made in unrelated criminal trials.
Criminal Law and Procedure Nov. 26, 2003
People v. Castille
Statements made by multiple defendants in joint interview were admissible against each other.
Criminal Law and Procedure Nov. 26, 2003
People v. Mayer
Defendant who arranged to use mailing address within city was not 'resident' for election purposes.
Criminal Law and Procedure Nov. 26, 2003
People v. Garcia
Sale of controlled substances alone is insufficient to support search warrant for public business where seller neither owns nor works for business.
Criminal Law and Procedure Nov. 26, 2003
People v. Bradley
Court improperly imposed consecutive sentences upon defendant who had single criminal objective.
Criminal Law and Procedure Nov. 26, 2003
People v. Friedman
State court improperly dismissed murder charges against defendants who had already been convicted in federal court.
Criminal Law and Procedure Nov. 26, 2003
Mirzada v. Dept. of Transportation
Plaintiffs failed to meet their burden of production establishing triable issue of fact concerning Caltrans' loss of design immunity.
Torts Nov. 26, 2003
Modern Development Co. v. Navigators Insurance Co.
Insurer had no duty to defend policyholder who was being sued under Americans with Disabilities Act.
Insurance Nov. 26, 2003
People v. Chaffer
Court correctly applied great bodily injury enhancement to defendant's sentence.
Criminal Law and Procedure Nov. 26, 2003
Lindelli v. Town of San Anselmo (Marin Sanitary Service)
Municipality may not evade stay provision by repassing materially identical ordinance as interim measure until referendum election.
Government Nov. 26, 2003
Moulton Niguel Water District v. Colombo
Court was required to evaluate evidence independently to determine whether party was entitled to litigation expenses.
Civil Procedure Nov. 26, 2003
People v. Lee
Defendant's contention that prior juvenile adjudication cannot be used as 'strike' because he did not have jury trial in juvenile proceeding is rejected.
Juveniles Nov. 26, 2003
People v. Ricky Sanders
Neither merger doctrine nor Penal Code Section 654 precludes imposition of firearm enhancement.
Criminal Law and Procedure Nov. 26, 2003
Lewis v. Clarke
Criminal defendant may be compelled to pay filing fee only after court determines ability to pay.
Criminal Law and Procedure Nov. 25, 2003
Kavruck v. Blue Cross of California
Policyholder may sue insurer for changing age at which premium would be calculated.
Insurance Nov. 25, 2003
In re Smith
Governor's decision to deny parole was not supported by 'some evidence.'
Criminal Law and Procedure Nov. 25, 2003
James B., a Minor
Juvenile who entered locked vehicle through open window without permission is liable for burglary.
Juveniles Nov. 25, 2003
King v. Superior Court (People)
Forfeiture hearing on right to counsel requires procedural due process protections.
Criminal Law and Procedure Nov. 25, 2003
Kunert v. Mission Financial Services Corp.
Payment of dealer reserve by finance companies to automobile dealers does not violate Rees-Levering Act or Business and Professions Code.
Business Law Nov. 25, 2003
Joyce v. Simi Valley Unified School District
Open school yard gate that encourages children to cross dangerous intersection constitutes dangerous condition of public property.
Torts Nov. 25, 2003
San Diego County Health and Human Services Agency v. Jeffrey L. (In re Luke M.)
Court did not violate parent's fundamental due process when considering best interests of siblings.
Juveniles Nov. 25, 2003
Jacobs v. Grossmont Hospital
Welfare and Institutions Code Section 5278 affords immunity only for decision to involuntarily detain mentally disabled patient.
Torts Nov. 25, 2003
Jopson v. Feather River Air Quality Management District
Air quality district is not liable for mistakenly calculating emission reduction credits earned by ranch.
Government Nov. 25, 2003
Jackson v. City of Los Angeles
Peace officer's bill of rights establishes statute of limitations to discharge police officer.
Government Nov. 25, 2003