Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B158819
|
Bragg v. Valdez
Psychiatrist who releases patient for lack of health insurance may be liable to patient and any person that patient injures. |
Torts |
|
Oct. 15, 2003 | |
C042092
|
People v. Cooke
Defendant's waiver of conduct credits while in county jail did not apply to conduct credits while in state prison. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
A098484
|
USS-Posco Industries v. Edwards
Employer may seek restraining order on behalf of employee who was not specifically targeted by harasser. |
Civil Procedure |
|
Oct. 15, 2003 | |
F040016
|
Moore v. Wal-Mart Stores Inc.
Court erred in eliminating actual or constructive notice requirment from jury instruction in slip-and-fall case. |
Torts |
|
Oct. 15, 2003 | |
A097959
|
Lee v. Yang
Jilted fiancee who had joint interest in checking account could withdraw funds without restriction. |
Banking |
|
Oct. 15, 2003 | |
C039827
|
M. Perez Co. Inc. v. Base Camp Condominiums Assn. No. One
Party who unsuccessfully sought attorney fees is not necessarily liable for such fees to opposing party. |
Civil Procedure |
|
Oct. 15, 2003 | |
S116992
|
Bustamonte v. Flores
Order |
|
Oct. 15, 2003 | ||
S117248
|
City of Anaheim v. Pacific Bell Telephone Co.
Order |
|
Oct. 15, 2003 | ||
02-35144
|
Bailey v. Rae
State violated defendant's due process rights by failing to disclose therapy reports regarding victim's mental capacity. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
02-30245
|
U.S. v. MacDonald
District court did not abuse its discretion in applying enhancement for disposal or discharge of hazardous waste. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
02-55658
|
Carafano v. Metrosplash.com Inc.
Commercial Internet dating service is immune from liability for false content provided by unknown third party. |
Civil Procedure |
|
Oct. 15, 2003 | |
B160306
|
People v. Parham
Res judicata bars prosecution from retrying defendant as mentally disordered offender based on same qualifying offense. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
A098568
|
Huynh v. Vu
Husband who encouraged wife to breach contract may be immune under 'manager's privilege.' |
Torts |
|
Oct. 15, 2003 | |
H019719
|
People v. Totari
Court will consider whether alien who challenged convictions 13 years after they were entered exercised due diligence. |
Immigration |
|
Oct. 15, 2003 | |
H024865
|
County of Santa Clara v. Wilson
Court lacked power to eliminate child support arrearages that accrued before parent filed modification motion. |
Family Law |
|
Oct. 15, 2003 | |
D036734
|
Sehulster Tunnels/Pre-Con v. Traylor Brothers Inc./Obayashi Corp.
City cannot be liable to general contractor under equitable theory of implied contractual indemnity for cost overruns in public works project. |
Contracts |
|
Oct. 15, 2003 | |
B161828
|
People v. Dachino
Defendant has standing to contest legality of search, even though he denies search took place. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
A099390
|
William V., a Minor
Police officer assigned as school resource officer is school official for purposes of assessing legality of search on school grounds. |
Juveniles |
|
Oct. 15, 2003 | |
02-271
|
Dow Chemical Co. v. Stephenson
Order |
|
Oct. 15, 2003 | ||
E030778
|
People v. Jennings
|
|
Oct. 15, 2003 | ||
B158974
|
People v. Daniels
Defendant sentenced to state prison upon revocation of probation is subject to limitation on conduct credits. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
A098122
|
Aquino v. Asiana Airlines Inc.
|
|
Oct. 14, 2003 | ||
S100136
|
Korea Supply Co. v. Lockheed Martin Corp.
Nonrestitutionary disgorgement of profits is not available remedy in individual action under California's unfair competition law. |
Business Law |
|
Oct. 14, 2003 | |
S088458
|
Lockheed Martin Corp. v. Superior Court (Carrillo)
In toxic tort action, plaintiffs fail to qualify for class certification of a 'medical monitoring' class and 'punitive damage' class. |
Civil Procedure |
|
Oct. 14, 2003 | |
02-55667
|
Scholastic Entertainment Inc. v. Fox Entertainment Group Inc.
Dispute over ownership of copyright that presents question of contract law is governed by state law; federal subject matter jurisdiction is lacking. |
Intellectual Property |
|
Oct. 14, 2003 | |
02-35795
|
Hanson v. Mahoney
Magistrate judge has authority to issue certificate of appealability; defendant's claim for relief is procedurally defaulted. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
02-72178
|
Gonzalez-Hernandez v. Ashcroft
Substantial evidence supports decision to deny asylum to petitioners who were never party leaders nor high-level politicians. |
Immigration |
|
Oct. 14, 2003 | |
01-17557
|
Hunter v. Ayers
State's use of new regulation to prevent defendant from restoring his 'good time' credits violated ex post facto clause. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
02-71038
|
Ramirez-Perez v. Ashcroft
Neither BIA's interpretation of 'exceptional and extremely unusual hardship' nor its use of summary affirmance procedures violates due process. |
Immigration |
|
Oct. 14, 2003 | |
02-71609
|
Malhi v. Immigration and Naturalization Service
Alien alleging threat of persecution and torture in home country is not entitled to asylum. |
Immigration |
|
Oct. 14, 2003 |