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Name Category Published
Haynie v. County of Los Angeles
Motorist who was detained, searched and handcuffed failed to establish civil rights violation.
Civil Rights Oct. 15, 2003
Clausen v. M/V New Carissa
Expert testimony on issue of causation concerning oysters' deaths was properly admitted.
Torts Oct. 15, 2003
People v. Butler
Oct. 15, 2003
McIntyre v. Bayer
Nevada statute effects taking of inmate interest, but court cannot determine, based on record, if just compensation is owed to inmate.
Prisoners Rights Oct. 15, 2003
Deere v. Woodford
Order
Oct. 15, 2003
Marriage of Garcia
Mother is not entitled to child support arrearage from father who shared custody of children.
Family Law Oct. 15, 2003
Oregon Paralyzed Veterans of America v. Regal Cinemas Inc.
Interpretation of regulation, as requiring viewing angle in movie theater for wheelchair seating to be within range offered to general public, is valid.
Civil Rights Oct. 15, 2003
McKesson HBOC Inc. v. New York State Common Retirement Fund Inc.
Corporation cannot sue shareholders for being unjustly enriched due to accounting fraud.
Securities Oct. 15, 2003
Metropolitan Stevedore Co. v. Cresent Wharf and Warehouse Co.
Company that employed worker for one day is liable for injury that had been aggravated over several years.
Workers' Compensation Oct. 15, 2003
People v. Nguyen
Jury should have had opportunity to convict defendants of conspiracy rather than first-degree murder.
Criminal Law and Procedure Oct. 15, 2003
Nestande v. Watson (Songstad)
Because county and real party in interest were not opposing parties, trial court properly denied motion for attorney fees.
Attorneys Oct. 15, 2003
People v. Butler
Temporary detention of defendant was justified, therefore, trial court was not required to suppress evidence under Fourth Amendment.
Criminal Law and Procedure Oct. 15, 2003
Alan v. Superior Court (UBS PaineWebber Inc.)
Where forum selected for arbitration declines to hear matter, dispute is to be tried in court unless out-of-state location is proper.
Civil Procedure Oct. 15, 2003
Artal v. Allen
Plaintiff appropriately filed malpractice action within one year of being aware of her injury and its negligent cause.
Torts Oct. 15, 2003
People v. Stern
Evidence of uncharged offense properly admitted to corroborate victim's testimony.
Criminal Law and Procedure Oct. 15, 2003
City of Long Beach v. California Citizens for Neighborhood Empowerment
Anti-SLAPP statute does not apply to city's enforcement action against organization alleged to have violated municipal codes.
Civil Procedure Oct. 15, 2003
S.H., a Minor
Juvenile court may not allow child to determine whether parental visitation should occur.
Family Law Oct. 15, 2003
Medical Board of California v. Superior Court (Liskey)
Mere failure by physician to complete successfully diversion program is not basis for discipline under Business and Professions Code Section 2354.
Administrative Agencies Oct. 15, 2003
Morgenstern v. Dept. of Motor Vehicles
Trial court erred in concluding officer's testimony at administrative hearing was inadmissible to support license suspension decision.
Administrative Agencies Oct. 15, 2003
Durant v. Los Angeles Unified School District
Student who was shot off-campus following repeated threats may sue school district for negligent supervision.
Torts Oct. 15, 2003
People v. Foster
Regardless of propriety of prosecution's questions to defendant, defendant failed to establish ineffective assistance of counsel.
Criminal Law and Procedure Oct. 15, 2003
People v. Superior Court (Vasquez)
Under plea bargain, only remedy to which defendant was entitled to in response to SVP petition was withdrawal of his plea.
Criminal Law and Procedure Oct. 15, 2003
Jaramillo v. JH Real Estate Partners Inc.
Lease provision requiring tenants to arbitrate personal injury dispute was invalid.
Contracts Oct. 15, 2003
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
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
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
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
Lee v. Yang
Jilted fiancee who had joint interest in checking account could withdraw funds without restriction.
Banking Oct. 15, 2003
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
Bustamonte v. Flores
Order
Oct. 15, 2003