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Name Category Published
Consumer Cause Inc. v. National Vision Inc.
Arrangement between optical dispensing stores, optometrists and Wal-Mart stores is not unfair business practice.
Business Law Dec. 11, 2003
Collins v. Overnite Transportation Co.
Truck drivers are exempt from overtime requirements of state wage law.
Employment Law Dec. 11, 2003
People v. Chico
Trial court did not err by imposing consecutive firearms enhancement for each of four counts of robbery stemming from simultaneous robbery of four victims.
Criminal Law and Procedure Dec. 11, 2003
Burris v. Superior Court (People)
Penal code section does not bar district attorney from refiling dismissed misdemeanor charge as felony.
Criminal Law and Procedure Dec. 10, 2003
People v. Batts
Prosecutor's intentional misconduct that resulted in mistrial did not bar retrial of defendants.
Criminal Law and Procedure Dec. 10, 2003
Aaliyah G., a Minor
Court made sufficient inquiry into child's Indian heritage before terminating parental rights.
Family Law Dec. 10, 2003
Beach v. Harco National Insurance Co.
Anti-SLAPP statute does not apply to action filed against insurer for alleged bad faith in handling uninsured motorist claim.
Civil Procedure Dec. 10, 2003
Baroco West Inc. v. Scottsdale Insurance Co.
Based on policy period and exclusionary provisions, insurer had no duty to defend insured in negligent construction action.
Insurance Dec. 10, 2003
Abraham L. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Court failed to consider children's interest in staying together as group in terminating reunification services.
Family Law Dec. 10, 2003
Abatti v. Superior Court (People)
Court will determine whether former police officer's personnel records indicated propensity to fabricate facts.
Criminal Law and Procedure Dec. 10, 2003
People v. Aguilar
Appeal dismissed for failure to obtain in timely manner required certificates of probable cause.
Criminal Law and Procedure Dec. 10, 2003
People v. Anson
Citizen's arrest of defendant was timely and subsequent search of defendant's camper was lawful.
Criminal Law and Procedure Dec. 10, 2003
California Advocates For Nursing Home Reform v. Bonta
Department of Health Services estate recovery procedures for costs from deceased Medi-Cal beneficiaries may violate Administrative Procedures Act.
Administrative Agencies Dec. 10, 2003
TrafficSchoolOnline Inc. v. Clarke
Party must file written claim before seeking damages against government entity.
Government Dec. 10, 2003
People v. Duncan
Judge decides not to remand Vietnam veteran's manslaughter case for resentencing.
Criminal Law and Procedure Dec. 10, 2003
Pour Le Bebe Inc. v. Guess? Inc.
Court was not required to vacate arbitration award that may have included conflict of interest by attorney.
Civil Procedure Dec. 10, 2003
Citizens for Hatton Canyon v. California Dept. of Transportation
Land that was only partially within 'coastal zone' was properly transferred for use as state park.
Administrative Agencies Dec. 10, 2003
Robertson v. Workers' Compensation Appeals Board
Company failed to satisfy its vocational rehabilitation obligation to injured employee.
Workers' Compensation Dec. 10, 2003
Celine R., a Minor
Court did not err in refusing to continue dependency hearing for bonding study to evaluate strength of sibling relationship.
Family Law Dec. 10, 2003
Fellers v. United States
Order
Dec. 10, 2003
People v. Carter
Because trial court's errors were nonprejudicial, defendant's sentence of death is affirmed.
Criminal Law and Procedure Dec. 10, 2003
People v. Garza
Imposition of full and separately served enhancement is proper where crimes involve sodomy and forced oral copulation.
Criminal Law and Procedure Dec. 9, 2003
Perez v. County of Santa Clara
Prison nurse failed to establish case of racial discrimination and retaliation.
Employment Law Dec. 9, 2003
Park v. Burlington Northern Santa Fe Railway Co.
Generator of hazardous waste is not liable for injuries suffered by employee of independent contractor.
Torts Dec. 8, 2003
Levy v. Skywalker Sound
Employee's claim for union wages is pre-empted by federal labor law.
Labor Law Dec. 8, 2003
Marron v. Superior Court (Hassanein)
Public entity may be liable for enhanced damages in lawsuit alleging dependent adult abuse.
Government Dec. 8, 2003
People v. Cleland
Prosecutor's comments on defendants' post-arrest silence was prejudicial error requiring retrial.
Criminal Law and Procedure Dec. 8, 2003
People v. Ciancio
Trial court erred in requiring treatment for alleged sexually violent predators held in county jail.
Civil Procedure Dec. 8, 2003
People v. Coryell
Where driver and passenger fled from car prior to defendant's taking, substantial evidence supports carjacking conviction.
Criminal Law and Procedure Dec. 8, 2003
In re Collins
Defendant did not suffer prejudice when court deviated from plea bargain and ordered direct victim restitution.
Criminal Law and Procedure Dec. 8, 2003