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Case #	Name	Category	Court	Judge	Published
B151026	People v. Mitchell Trial court erred in permitting evidence based on canine scent identification lineup without first holding hearing to establish foundation.	Criminal Law and Procedure			Oct. 24, 2003
H024238	Curtis v. Santa Clara Valley Medical Center Plaintiff alleging medical practice was required to present expert testimony that physicians deviated from standard of care.	Torts			Oct. 24, 2003
C042683	People v. Atwood Defendant's probation can be revoked under Proposition 36 only if at least one of probation violations is not drug-related.	Criminal Law and Procedure			Oct. 24, 2003
A100742	Horneff v. City and County of San Francisco Court erred in ordering modifications to ballot summary that was not false or misleading.	Government			Oct. 24, 2003
A096749	Vitton Construction Co. Inc. v. Pacific Insurance Co. General contractor entitled to coverage as additional insured under subcontractor's umbrella policy.	Insurance			Oct. 24, 2003
D040210	People v. Harden Trial court did not err by modifying jury instructions regarding felony-murder special circumstances.	Criminal Law and Procedure			Oct. 24, 2003
G029525	People v. Briceno				Oct. 24, 2003
H023393	People v. Burnett Defendant who threw motorist's dog into oncoming traffic after being rear-ended is guilty of animal cruelty.	Criminal Law and Procedure			Oct. 24, 2003
B155804	Kaufman v. ACS Systems Inc. Plaintiffs have private right of action to pursue claim under federal Telephone Consumer Protection Act in state court.	Business Law			Oct. 24, 2003
C038907	Marie Y. v. General Star Indemnity Co. Insurer had no duty under professional liability policy to indemnify dentist for allegations of sexual misconduct.	Insurance			Oct. 24, 2003
C041708	Hastings v. Dept. of Corrections Employee seeking accommodation is not entitled to reassignment to position in different civil service classification without first complying with competitive examination process.	Employment Law			Oct. 24, 2003
A098729	J.H. McKnight Ranch Inc. v. Franchise Tax Board Tax board that had actual notice of refund claim cannot assert taxpayer failed to exhaust administrative remedies.	Taxation			Oct. 24, 2003
G031450	Marriage of Sellers Court was required to issue statement of decision for postjudgment order reducing spousal support.	Family Law			Oct. 24, 2003
A100618	Beard v. Goodrich Attorney is not entitled to court awarded fees where parties agreed to vacate judgment in underlying action; fee contract controls.	Attorneys			Oct. 24, 2003
S040575	People v. Marks Substantial evidence supports jury's competency finding of defendant convicted of multiple murders and sentenced to death.	Criminal Law and Procedure			Oct. 24, 2003
E031683	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
G030304	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
110 Cal.App.4th 10	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
H025176	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
B162023	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
F041200	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
E032839	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
C039662	Pacific State Bank v. Greene Borrower may introduce parol evidence to show that bank misrepresented contents of loan agreement.	Contracts			Oct. 24, 2003
B151800	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
A097568	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
F040610	People v. Garvin Trial court was not required to instruct jury regarding special theory of self-defense.	Criminal Law and Procedure			Oct. 24, 2003
F039752	People v. Smith Resumption of court trial after defendant's competency was restored was not error.	Criminal Law and Procedure			Oct. 24, 2003
F037618	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
F030754	People v. Pizzaro Murder conviction based on DNA evidence with inadequate foundation is reversed.	Criminal Law and Procedure			Oct. 24, 2003
C039919	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