| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F041054
|
Johnson v. County of Fresno
County may be liable for sexually harassment committed by employee despite being dismissed from lawsuit. |
Employment Law |
|
Nov. 25, 2003 | |
|
03-71152
|
Himri v. Ashcroft
Order |
|
Nov. 25, 2003 | ||
|
02-16990
|
Pacific Gas & Electric Co. v. People of State of California
'Notwithstanding' clause of 11 U.S.C. Section 1123(a) expressly pre-empts otherwise applicable nonbankruptcy law relating to financial condition. |
Bankruptcy |
|
Nov. 25, 2003 | |
|
03-803
|
Opinion of Lockyer
Nonprofit group may not sue to remove school board member based on change of residency. |
Government |
|
Nov. 25, 2003 | |
|
02-70455
|
Lopez-Urenda v. Ashcroft
Amended opinion |
|
Nov. 25, 2003 | ||
|
C038058
|
People v. Cockburn
State may elect to prosecute defendant under general child abuse statute even if special statute is available. |
Criminal Law and Procedure |
|
Nov. 25, 2003 | |
|
B160112
|
People v. Johnson
Gang member sentenced to life in prison is not eligible for enhancement of 10-year consecutive term. |
Criminal Law and Procedure |
|
Nov. 25, 2003 | |
|
F036242
|
People v. Lopez
Carjacking occurs even if vehicle is not physically moved. |
Criminal Law and Procedure |
|
Nov. 21, 2003 | |
|
D038323
|
Encinitas Country Day School, Inc. v. California Coastal Commission
California Coastal Commission failed to determine within 49-day period whether issuance of permit was proper. |
Environmental Law |
|
Nov. 21, 2003 | |
|
A098118
|
Friends of the Eel River v. Sonoma County Water Agency (Pacific Gas & Electric)
Environmental Impact Report which addressed withdrawal of water from Russian River was inadequate under CEQA. |
Environmental Law |
|
Nov. 21, 2003 | |
|
B160061
|
Farmer Bros. Co. v. Franchise Tax Board
Dividends received deduction violates commerce clause by discriminating against corporations engaged in interstate commerce. |
Taxation |
|
Nov. 21, 2003 | |
|
C038246
|
Fair Political Practices Commission v. Californians Against Corruption
Failure to challenge authority of de facto officers at earlier proceeding precludes this assertion in later proceeding. |
Corporations |
|
Nov. 21, 2003 | |
|
G029819
|
Buena Park Motel Association v. City of Buena Park
City ordinance restricting extended stays at motels is not unlawful taking of private property. |
Real Property |
|
Nov. 21, 2003 | |
|
G031415
|
Do v. Superior Court (Nguyen)
Attorney representing client pro bono may still seek monetary sanctions for discovery violations. |
Civil Procedure |
|
Nov. 21, 2003 | |
|
G029586
|
Burch v. Children's Hospital of Orange County Thrift Stores Inc.
Unapportioned settlement offer made to multiple defendants not valid, so prejudgment interest and expert witness costs not recoverable. |
Torts |
|
Nov. 21, 2003 | |
|
H023839
|
Grant v. Comp USA Inc.
Employee alleging discrimination was entitled to sue when agency failed to issue right-to-sue letter within year of filing of complaint. |
Employment Law |
|
Nov. 21, 2003 | |
|
G029742
|
Escalante v. Wilson's Art Studio Inc.
Employer may terminate at-will employee for engaging in self-defense when retreat was possible. |
Employment Law |
|
Nov. 21, 2003 | |
|
D039112
|
City of Carlsbad v. Rudvalis
City that initiated road project is not liable for damages caused by resulting urbanization. |
Government |
|
Nov. 21, 2003 | |
|
H023589
|
Atkinson v. Elk Corp.
Defective shingles that were included in roofing system do not give rise to claim under Song-Beverly Act. |
Business Law |
|
Nov. 21, 2003 | |
|
B155143
|
Central and West Basin Water Replenishment District v. Southern California Water Co.
Entities that enjoy right to extract water from basin do not have right to storage space in basin. |
Administrative Agencies |
|
Nov. 21, 2003 | |
|
B152609
|
Butler v. Bell Helicopter Textron Inc.
Helicopter manufacturer that withheld information from federal agency may be liable for crash. |
Torts |
|
Nov. 21, 2003 | |
|
F041268
|
Germino v. Hillyer
Trustees' failure to strictly comply with notice requirements pursuant to Probate Code Section 16061.7 was not prejudicial. |
Probate and Trusts |
|
Nov. 21, 2003 | |
|
B160174
|
Hanjin International Corp. v. Los Angeles County Metropolitan Transportation Authority
Four-year statute of limitations applies to action for refund of overpayment of special benefit assessment. |
Taxation |
|
Nov. 21, 2003 | |
|
B153506
|
City of Hawthorne v. H&C Disposal Co.
|
|
Nov. 21, 2003 | ||
|
B159413
|
Cziraki v. Thunder Cats Inc.
Court must consider attorney fees for minority shareholder who was successful in derivative lawsuit. |
Corporations |
|
Nov. 21, 2003 | |
|
S106681
|
People v. Lopez
Order |
|
Nov. 21, 2003 | ||
|
G029968
|
Colt v. Freedom Communications Inc.
Lawsuit against newspaper was properly struck as strategic lawsuit against public participation. |
Civil Procedure |
|
Nov. 21, 2003 | |
|
G030377
|
Commonwealth Energy Corp. v. Investor Data Exchange Inc.
Because telemarketer was pitching product and not information of public interest, plaintiff's suit was not subject to anti-SLAPP statute. |
Civil Procedure |
|
Nov. 21, 2003 | |
|
B153652
|
Estate of Strader (Hixon v. Grant)
No-contest clause was not violated when beneficiaries sought a distribution request in the final account of the probate estate. |
Probate and Trusts |
|
Nov. 21, 2003 | |
|
A093413
|
Ferris v. Gatke Corp.
Court did not err in barring plaintiff from pursuing burden-shifting market share theory of tort liability in asbestos action. |
Torts |
|
Nov. 21, 2003 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com