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Name Category Published
Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corp. v. Universal Service Administration Co. (In re Incomnet Inc.)
Nonprofit corporation that collects and manages telecommunication service contributions qualifies as transferee because it was actual recipient of funds.
Bankruptcy Oct. 6, 2003
Martinez-Vasquez v. INS
Inadmissible alien's habeas corpus petition is affirmed.
Immigration Oct. 6, 2003
Jackson on Habeas Corpus
Order
Criminal Law and Procedure Oct. 5, 2003
Mejia v. Reed
Divorcing couple's property division is subject to creditor claims under Uniform Fraudulent Transfer Act.
Family Law Oct. 3, 2003
People v. Foster
Sentence imposing hormone suppression treatment for sex offender is not cruel and unusual punishment.
Criminal Law and Procedure Oct. 3, 2003
People v. Allen
Court's failure to determine whether prosecutor improperly used peremptory challenges based on race requires reversal of conviction.
Criminal Law and Procedure Oct. 3, 2003
Roden v. Bergen Brunswig Corp.
Lump sum that employer must pay to employee under settlement agreement does not resolve liability for retirement benefits.
Contracts Oct. 3, 2003
Friends of Westhaven and Trinidad v. County of Humboldt
Application for litigation stay for subdivision map was untimely because it was made after expiration of tentative map.
Administrative Agencies Oct. 3, 2003
Drum v. Bleu, Fox & Associates
Party that enforced judgment while stay was in effect may be liable for abuse of process.
Torts Oct. 3, 2003
People v. Dent
Trial court erroneously denied self-representation request made by defendant in death penalty case.
Criminal Law and Procedure Oct. 3, 2003
Shamsian v. Atlantic Richfield Co.
Plaintiff alleging violation of drinking water act must bring suit within one-year limitations period.
Civil Procedure Oct. 3, 2003
People v. O'Connell
Report prepared by drug rehabilitation director is admissible at probation revocation hearing.
Criminal Law and Procedure Oct. 3, 2003
General Reinsurance Corp. v. St. Jude Hospital
Insurer is not liable for employer's delay in paying workers' compensation benefits.
Workers' Compensation Oct. 3, 2003
Luri v. Greenwald
Party that failed to file opposition to summary judgment motion was not entitled to mandatory relief for attorney's neglect.
Civil Procedure Oct. 3, 2003
Dekens v. Underwriters Laboratories Inc.
Corporation's standardized testing of small appliances did not include testing for asbestos safety.
Torts Oct. 3, 2003
People v. Reynoso
Trial court must make detailed finding of whether prospective juror was dismissed because of her race.
Criminal Law and Procedure Oct. 3, 2003
People v. Totari
Oct. 3, 2003
People v. Dacayana
Order
Oct. 2, 2003
People v. Smith
Convictions and death sentence for defendant who raped and murdered victim are affirmed.
Criminal Law and Procedure Oct. 2, 2003
People v. Ranger Insurance
Order
Oct. 2, 2003
People v. Ranger Insurance
Order
Oct. 2, 2003
Inland Empire Health Plan v. Superior Court (Santana)
Health maintenance organization, as public entity, is immune from negligent credentialing claim for its discretionary decision.
Torts Oct. 2, 2003
E.H., a Minor
Dependency court jurisidction exists where parents reasonably should have known someone was inflicting abuse on their child.
Juveniles Oct. 2, 2003
Hall v. Superior Court (Lindrum)
Attorney owed no legal duty to client's husband in wrongful death action stemming from their daughter's fatal drowning.
Attorneys Oct. 2, 2003
Mills v. Forestex Co.
No triable issues of fact exist to warrant equitable tolling of limitations period.
Civil Procedure Oct. 2, 2003
Golfland Entertainment Centers Inc. v. Superior Court (Nunez)
Discovery order which prohibited mental examiner from eliciting 'narrative' responses was improper.
Civil Procedure Oct. 2, 2003
Lomeli v. Dept. of Corrections (State Personnel Board)
Petitioner's writ to compel California Dept. of Corrections to comply with administrative order was not premature.
Civil Procedure Oct. 2, 2003
Residential Capital v. Cal-Western Reconveyance Corp.
High bidder at nonjudicial foreclosure sale is only entitled to restitution because sale was held in violation of postponement rights.
Real Property Oct. 2, 2003
In re Chavez
Appellate court was not authorized to relieve defendant from default caused by failure to timely file statement of reasonable grounds for appeal.
Criminal Law and Procedure Oct. 2, 2003
Agapitov v. Lerner
Pawnbroker who made personal loan to neighbor cannot claim exemption from usury laws.
Business Law Oct. 2, 2003