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Construction Protective Services Inc. v. TIG Specialty Insurance Co.
Plaintiff's complaint adequately stated prima facie right to relief on insurer's duty to defend and indemnify against setoff claim.
Insurance Oct. 1, 2003
In re J.W.
Court must appoint counsel for indigent parent appealing loss of parental rights in child who is not dependent of court.
Family Law Oct. 1, 2003
People v. Kelley
Cross-examination regarding prior unproven crimes by murder defendant was harmless error.
Criminal Law and Procedure Oct. 1, 2003
Palmer v. Superior Court (Sharp Rees-Stealy Medical Group Inc.)
Plaintiff suing health care provider must obtain pretrial order to amend complaint before seeking punitive damages.
Torts Oct. 1, 2003
People v. Phelps
Enhancement was improperly imposed upon defendant who failed to make court appearance while out on bail.
Criminal Law and Procedure Oct. 1, 2003
People v. Adkins
Defendant fails to show his trial counsel's performance was deficient under prevailing professional norms.
Criminal Law and Procedure Oct. 1, 2003
Cadence Design Systems Inc. v. Avant! Corporation
Initial action alleging trade secret misappropriation precludes subsequent claims of improper use because first suit includes 'continuing misappropriation.'
Intellectual Property Oct. 1, 2003
People v. Martinez
Prosecution violated defendant's due process rights by withholding material evidence impeaching prosecution witness.
Criminal Law and Procedure Oct. 1, 2003
Cooley v. Superior Court (Marentez)
Probable cause determination encompasses all four elements contained in definition of sexually violent predator.
Criminal Law and Procedure Oct. 1, 2003
Tower Action Holdings v. Los Angeles County Waterworks District No. 37
Public Contract Code, not Mello-Roos Act, prescribed terms of repayment of funds used to build water improvements system.
Government Oct. 1, 2003
Fittante v. Palm Springs Motors Inc.
Agreement that bound employee to arbitrate dispute against employer was enforceable.
Civil Procedure Oct. 1, 2003
Vasquez v. State
Taxpayer action may be brought to compel state to require private manufacturer to pay inmates' wages due under Prison Inmate Labor Initiative.
Prisoners Rights Oct. 1, 2003
Tower Action Holdings v. Los Angeles County Waterworks District No. 37
Oct. 1, 2003
People v. Seneca Insurance Co.
Court did not err in forfeiting bail of defendant convicted by guilty plea who failed to appear for sentencing.
Criminal Law and Procedure Oct. 1, 2003
Henkel Corp. v. Hartford Accident and Indemnity Co.
Company that purchased chemical product line did not receive insurance coverage issued to previous owners of product line.
Insurance Oct. 1, 2003
People v. Roberge
Under the Sexually Violent Predator Act, defendant will be committed where jury found him likely to engage in sexually violent behavior if released.
Criminal Law and Procedure Oct. 1, 2003
Gardner v. County of Sonoma
Map recorded before enactment of subdivision law does not create legally cognizable subdivisions.
Real Property Oct. 1, 2003
In re Farley
Defendant arrested for oral copulation was properly classified in prison as sex offender.
Prisoners Rights Oct. 1, 2003
Palmer v. Zaklama
Recordation of notice of lis pendens is not valid basis for abuse of process claim and is not absolutely privileged.
Torts Oct. 1, 2003
Fischer v. First International Bank
When loan agreement doesn't state loans will be cross-collateralized, enforcement of "dragnet" clause presents triable issue; order granting new trial is void.
Banking Oct. 1, 2003
Garrett v. Young
Information revealed by medical provider does not violate Confidentiality of Medical Information Act, no violation of constitutional right to privacy.
Constitutional Law Oct. 1, 2003
Atkinson v. Elk Corp.
Order
Oct. 1, 2003
Berthiaume v. Superior Court (Shaw Industries)
Order
Oct. 1, 2003
Darian v. Pasternak
Order
Oct. 1, 2003
Gomez v. Into Fencing
Order
Oct. 1, 2003
People v. Allen
Order
Sep. 30, 2003
People v. Cornelius
Order
Sep. 30, 2003
Young v. Weston
Washington's Community Protection Act does not violate substantive due process nor does it violate ex post facto and double jeopardy laws.
Criminal Law and Procedure Sep. 30, 2003
Marquez v. INS
Court must consider whether continued detention of Mariel Cuban is valid.
Immigration Sep. 30, 2003
U.S. v. Twine
Bail Reform Act doesn't authorize pretrial detention without bail based solely on finding of dangerousness.
Criminal Law and Procedure Sep. 30, 2003