Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S113526
|
People v. Hilger
Order |
|
Oct. 13, 2003 | ||
S105271
|
People v. Hernandez
Where defendant's conviction is reversed for improper discharge of single juror, double jeopardy principles do not bar retrial. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
B157178
|
Wolf v. Superior Court (Walt Disney Pictures and Television)
|
|
Oct. 13, 2003 | ||
C041202
|
Sierra Vista Regional Medical Center v. Bonta
Hospital's agreement with health department, taken together with licensing regulations, indicates intent to reimburse hospital for nurse-to-patient ratios of 1:1 or 1:2. |
Contracts |
|
Oct. 13, 2003 | |
H022467
|
Scott Co. of California v. United States Fidelity & Guaranty Insurance Co.
Settlement offer made pursuant to Code of Civil Procedure Section 998 doesn't automatically exonerate sureties for liability. |
Civil Procedure |
|
Oct. 13, 2003 | |
B156080
|
Goodman v. Williams
Holder of newly-apportioned improvement bond may maintain foreclosure action where property owner has refused to pay penalties on predecessor bond. |
Real Property |
|
Oct. 13, 2003 | |
B153165
|
O'Hare v. Municipal Resource Consultants
Employment contract requiring abritration of all employee's claims, but not employer's claims, is both substantively and procedurally unconscionable. |
Employment Law |
|
Oct. 13, 2003 | |
A098455
|
Planned Parenthood Golden Gate v. Foti
Demonstrators may challenge application of injunction prohibiting obstruction of abortion clinic. |
Civil Procedure |
|
Oct. 13, 2003 | |
F038025
|
Leamon v. Krajkiewcz
Contractual provision that established conditions to recovery of attorney fees was valid. |
Civil Procedure |
|
Oct. 13, 2003 | |
B162045
|
Ziesmer v. Superior Court (People)
Judge may be disqualified after being reassigned to case that had been dismissed based on invalid grand jury indictment. |
Judges |
|
Oct. 13, 2003 | |
A097596
|
Travis W., a Minor
Juvenile who was not personally holding gun during carjacking is liable for carjacking while armed with dangerous weapon. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
S102729
|
In re Marquez
Time spent in jail after receiving sentence in one county and while awaiting trial in another county may be applied as custody credits. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
S113180
|
People v. Athar
Order |
|
Oct. 13, 2003 | ||
B154273
|
Adams v. Explorer Insurance Co.
Because plaintiff's car accident occurred after policy lapsed and before reinstatement, he was uninsured on date of accident. |
Insurance |
|
Oct. 13, 2003 | |
D039485
|
People v. R.J. Reynolds Tobacco Co.
Tobacco company violated provision of Master Settlement Agreement by maintaining advertising relating to brand sponsorship program beyond event date. |
Contracts |
|
Oct. 13, 2003 | |
S103581
|
In re Martinez
Defendant's prereversal prison time is not presentence custody and credit accrual is calculated according to postsentence status. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
S018033
|
People v. Snow
Circumstantial evidence presented at trial was sufficient to sustain murder conviction, special allegation and death sentence. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
S099339
|
Bonanno v. Central Contra Costa Transit Authority
Location of bus stop requiring patrons to cross busy and uncontrolled intersection may constitute dangerous condition of public property. |
Government |
|
Oct. 13, 2003 | |
G030352
|
Heyman v. Franchise Mortgage Acceptance Corp.
Plaintiff failed to demonstrate extrinsic fraud necessary to overcome previous settlement and dismissal of breach of contract action. |
Contracts |
|
Oct. 13, 2003 | |
E031600
|
Johnny O., a Minor
Possession of device for smoking marijuana by itself is not crime in California. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
E032112
|
C.C., a Minor
Under disentitlement doctrine, juvenile court may deny reunification services to parent who has refused to undergo psychological evaluation. |
Family Law |
|
Oct. 13, 2003 | |
D039163
|
Hogar Dulce Hogar v. Community Development Commission of the City of Escondido
Discovery rule tolling statute of limitations is inapplicable where no individual asserts loss and public entity's statutory violation is disclosed in public records. |
Civil Procedure |
|
Oct. 13, 2003 | |
G029637
|
Hiser v. Bell Helicopter Textron Inc.
Lawsuit based on fatal helicopter crash was not time-barred by General Aviation Revitalization Act of 1994. |
Torts |
|
Oct. 13, 2003 | |
S102588
|
DVD Copy Control Assn. Inc. v. Bunner
Trial court may issue preliminary injunction prohibiting Web site operator from disclosing trade secrets. |
Intellectual Property |
|
Oct. 13, 2003 | |
B149374
|
Simi Corp. v. Garamendi (Workers' Compensation Insurance Rating Bureau)
Trial court should have deferred to insurance commissioner's interpretation of workers' compensation regulation. |
Workers' Compensation |
|
Oct. 13, 2003 | |
G030277
|
People v. Hillhouse
Statutes prohibiting sex crimes against persons with developmental disabilities applies to both minors and adults. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
E031878
|
Newton v. Clemons
County's hospital lien subject to 50 percent limitation of Civil Code; statutory lien is not remedy for enforcing reimbursement agreement. |
Civil Procedure |
|
Oct. 13, 2003 | |
01-35311
|
Himes v. Thompson
Punishing parolee under regulations more burdensome than those in place at time parolee committed offense, violates ex post facto clause. |
Constitutional Law |
|
Oct. 13, 2003 | |
01-56992
|
Dressler v. Seeley Co. (In re Silberkraus)
Court properly sanctioned counsel for filing bankruptcy petition for purpose of delaying litigation. |
Bankruptcy |
|
Oct. 13, 2003 | |
02-50235
|
U.S. v. Alfaro
Calculation of upward departure for 'large-scale' illegal importation violates ex post facto clause. |
Criminal Law and Procedure |
|
Oct. 13, 2003 |