| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-55724
|
Kelton Arms Condominium Owners Assn. Inc., v. Homestead Insurance Co.
District court did not have authority to remand case sua sponte for procedural defect under 28 U.S.C. Section 1447(c). |
Civil Procedure |
|
Oct. 14, 2003 | |
|
C037523
|
Western Aggregates Inc. v. County of Yuba
Order |
|
Oct. 13, 2003 | ||
|
B151466
|
People v. Bracamonte
Court erred in failing to stay four-year term for defendants' convictions and in its disposition of firearm enhancements. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
B157805
|
Consumer Cause Inc. v. Arkopharma Inc.
Liquid products not intended for beverage purposes are not required to bear warnings regarding ethyl alcohol. |
Environmental Law |
|
Oct. 13, 2003 | |
|
B153239
|
Melchior v. New Line Productions Inc.
Company that purchased rights to produce motion picture assumed obligations under seller's agreement with artist. |
Contracts |
|
Oct. 13, 2003 | |
|
B152965
|
People v. Fernandez
Attempt to dissuade victim from testifying truthfully at preliminary hearing is not punishable under Penal Code Section 136.1(b)(1). |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
B158663
|
People v. Mendoza
Defendant who failed to appear for sentencing hearing is not eligible for probation under Proposition 36. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
D039198
|
Coronado Police Officers Association v. Carroll
Database compiled by public defender department that includes client records and police misconduct information is not public record. |
Government |
|
Oct. 13, 2003 | |
|
F040745
|
People v. Tulare County Superior Court
Grand jury may not obtain access to juvenile record without showing relevance of record to investigation. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
C039942
|
Howard Jarvis Taxpayers Association v. City of Roseville
Measure proposing special tax failed to receive two-thirds of voter approval and thus did not affect passage of conflicting tax measure. |
Government |
|
Oct. 13, 2003 | |
|
A097107
|
California Advocates for Nursing Home Reform v. Bonta
|
|
Oct. 13, 2003 | ||
|
G031449
|
In re Christopher I.
|
|
Oct. 13, 2003 | ||
|
B154457
|
People v. Morales
|
|
Oct. 13, 2003 | ||
|
C038830
|
Clark v. Fair Oaks Recreation and Park District
Order |
|
Oct. 13, 2003 | ||
|
D038811
|
Tuchscher Development Enterprises Inc. v. San Diego Unified Port District
Real estate developer's lawsuit against port district was properly struck under anti-SLAPP law. |
Civil Procedure |
|
Oct. 13, 2003 | |
|
B134480
|
People v. Kang
Defendant is entitled to pursue appeal anew after he was apprehended and in custody of state. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
S046117
|
People v. Jones
Trial court properly precluded defendant from testifying about history of hearing voices, flashbacks and blackouts. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
E030933
|
K.G. v. County of Riverside
Officer's molestation of stepdaughter did not occur within scope of employment. |
Torts |
|
Oct. 13, 2003 | |
|
S095872
|
People v. Barnum
Court is not required to advise self-represented defendant of privilege against compelled self-incrimination. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
E031041
|
Public Defenders' Organization v. County of Riverside
Registered employee organization may not be designated as majority representative unless incumbent exclusive representative is first decertified. |
Labor Law |
|
Oct. 13, 2003 | |
|
B155539
|
Gryczman v. 4550 Pico Partners, Ltd.
Delayed discovery rule applies to toll statute of limitations in breach of contract action. |
Civil Procedure |
|
Oct. 13, 2003 | |
|
A096763
|
Richelle L. v. Roman Catholic Archbishop of San Francisco
|
|
Oct. 13, 2003 | ||
|
B157187
|
People v. Soiu
|
|
Oct. 13, 2003 | ||
|
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 |
