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Hamilton v. Martinelli & Associates
Doctrine of primary assumption of risk bars employee's tort claims for injury caused by participation in training course.
Torts Oct. 24, 2003
Mosby v. Liberty Mutual Insurance Co.
Insurer that reported employee to district attorney for worker's compensation fraud may be liable for malicious prosecution.
Workers' Compensation Oct. 24, 2003
In re Vitamin Cases
Award of attorney fees in class action suits is remanded to trial court for further review and explanation.
Attorneys Oct. 24, 2003
Marriage of Bereznak
Stipulation by parties submitting future child support modification to binding arbitration, is void to extent it deprives court's jurisdiction to modify child support.
Family Law Oct. 24, 2003
People v. Smith
Juvenile adjudication obtained without jury trial may be used to enhance adult offender's sentence.
Criminal Law and Procedure Oct. 24, 2003
Protect Our Water v. County of Merced (Calaveras Materials Inc.)
Because record to court does not evidence agency's compliance with California Environmental Quality Act, approval of project is reversed.
Environmental Law Oct. 24, 2003
Gilmer v. State Farm Mutual Automobile Insurance Co.
Insurance company not required to provide coverage for permissive user of nonowned vehicle.
Insurance Oct. 24, 2003
Pacific State Bank v. Greene
Borrower may introduce parol evidence to show that bank misrepresented contents of loan agreement.
Contracts Oct. 24, 2003
Sakiyama v. AMF Bowling Centers Inc.
Owner of facility where 'rave' party was held did not owe duty of care to partygoers.
Torts Oct. 24, 2003
In re Retirement Cases
Court's holding that items of compensation paid in cash must be included in categories upon which employee's pension based, must be applied retroactively.
Government Oct. 24, 2003
People v. Garvin
Trial court was not required to instruct jury regarding special theory of self-defense.
Criminal Law and Procedure Oct. 24, 2003
People v. Smith
Resumption of court trial after defendant's competency was restored was not error.
Criminal Law and Procedure Oct. 24, 2003
M.W. v. Panama Buena Vista Union School District
School district owed duty to protect student from campus assault prior to school hours.
Torts Oct. 24, 2003
People v. Pizzaro
Murder conviction based on DNA evidence with inadequate foundation is reversed.
Criminal Law and Procedure Oct. 24, 2003
Hoblitzell v. City of Ione
City is not vicariously liable for employee misconduct committed outside city limits and for personal motives.
Torts Oct. 24, 2003
Ralph's Grocery Co. v. California Dept. of Food and Agriculture (Sealer of Weights and Measures of the County of Riverside)
Penal Code prohibits duplicative fines under Business and Professions Code Sections 12023 and 12024 for mislabeling same packages of seafood.
Business Law Oct. 24, 2003
Daniel M., a Minor
Unwed father, whose paternity hasn't been acknowledged or established, doesn't have standing to challenge violation of Indian Child Welfare Act's notice provisions.
Juveniles Oct. 24, 2003
Hartford Casualty Insurance Co. v. Travelers Indemnity Co.
Landlord is an additional insured under tenant's insurance policy; coverage not limited to liability directly caused by tenant.
Insurance Oct. 24, 2003
People v. Ranger Insurance Co.
Notice of reinstatement of bail given to bail agent did not require separate notice to surety.
Insurance Oct. 24, 2003
Guillory v. Superior Court (People)
Prosecution under Welfare and Institutions Code Section 602(b) may be initiated by grand jury indictment.
Criminal Law and Procedure Oct. 24, 2003
People v. Yeoman
Conviction and death sentence for defendant who fatally shot and robbed 73-year old victim are affirmed.
Criminal Law and Procedure Oct. 24, 2003
People v. Henderson
Defendant was entitled to pinpoint instruction on principles of flight relating to third-party suspect, although judge isn't compelled to draft such instruction.
Criminal Law and Procedure Oct. 24, 2003
Carrie W., a Minor
Legal guardianship is not permitted by law to coexist with new permanent plan of long-term foster care.
Family Law Oct. 24, 2003
People v. Floyd
For sentencing under Proposition 36, conviction occurs at sentencing, not when conviction is upheld on appeal.
Criminal Law and Procedure Oct. 24, 2003
U.S. v. Crawford
Order
Oct. 24, 2003
Sharber v. Spirit Mountain Gaming Inc.
Tribal courts should have first opportunity to determine if jurisdiction exists to hear action based on Family and Medical Leave Act.
Native American Affairs Oct. 24, 2003
Hall v. Director of Corrections
Falsification of material evidence violated defendant's due process rights and he is entitled to a new trial.
Criminal Law and Procedure Oct. 24, 2003
Manjiyani v. Ashcroft
Order
Oct. 24, 2003
U.S. v. Defterios
Court improperly imposed one-month sentence for convictions for two counts of bank fraud.
Criminal Law and Procedure Oct. 24, 2003
Glen Holly Entertainment Inc. v. Tektronix Inc.
Company forced out of business by joint venture of two competitors adequately alleged antitrust injury.
Antitrust Oct. 24, 2003