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Davis v. Shelley
Order
Aug. 12, 2003
Eisenberg v. Shelley
Order
Aug. 12, 2003
Byrnes v. Shelley
Order
Aug. 12, 2003
In re Roberts
Habeas petition failed to establish that state knowingly offered perjured testimony at trial.
Criminal Law and Procedure Aug. 12, 2003
In re John Z.
Defendant who continues intercourse with victim who withdraws initial consent is guilty of forcible rape.
Criminal Law and Procedure Aug. 12, 2003
County of Los Angeles v. State Board of Equalization (City of Long Beach)
County of Los Angeles improperly assessed railroad properties in violation of the Railroad Revitalization and Regulatory Reform Act of 1976.
Administrative Agencies Aug. 12, 2003
Clarissa H., a Minor
Under Family Code Section 7894, judgment terminating parental rights may not be reversed on ground it was taken by default.
Family Law Aug. 12, 2003
Catalina Car Wash v. Dept. of Industrial Relations, Division of Labor Standards Enforcement
Insurer's failure to provide timely notice of nonrenewal of workers' compensation coverage justified existence of coverage as a matter of law.
Workers' Compensation Aug. 12, 2003
Geneva Towers LP v. City and County of San Francisco
Statute of limitations to sue city that fails to respond to request for property-tax refund is six months.
Civil Procedure Aug. 12, 2003
Ramirez v. Long Beach Unified School District
School district is immune from wrongful death liability of student who was encouraged by school to participate in camp.
Torts Aug. 12, 2003
In re Cox
Despite false testimony and recantations by crucial prosecution witnesses, defendant is not entitled to habeas corpus relief.
Criminal Law and Procedure Aug. 11, 2003
Koo v. Rubio's Restaurants Inc.
It was abuse of discretion for court to disqualify law firm based on attorney's erroneous statement that firm represented both managers and corporation.
Attorneys Aug. 11, 2003
People v. Lobato
Verdict for weight enhancement related to count of conspiracy need not expressly include substantial involvement element.
Criminal Law and Procedure Aug. 11, 2003
Kalai v. Gray
There is no waiver of right to arbitrate by filing suit in court; attorney fees must be awarded per arbitration agreement.
Civil Procedure Aug. 11, 2003
Rosen v. State Farm General Insurance Co.
Homeowner not covered for imminent collapse of decks when insurance policy expressly defines collapse as actual, not imminent, collapse.
Insurance Aug. 11, 2003
Herr v. Nestle U.S.A. Inc.
Trial court properly enjoined corporation, pursuant to Unfair Competition Law, from discriminating against employees age 40 and over.
Employment Law Aug. 11, 2003
Founding Members of Newport Beach Country Club v. Newport Beach Country Club Inc.
Seller of country club was not required to extend right of first offer to members who had not yet formed organization.
Contracts Aug. 11, 2003
Story v. Superior Court (People)
Records of psychotherapy ordered as condition of probation are protected from disclosure by psychotherapist-patient privilege.
Criminal Law and Procedure Aug. 11, 2003
In re Eddie M.
Reducing burden of proof to preponderance of evidence for noncriminal probation violations is constitutional.
Juveniles Aug. 11, 2003
Lantzy v. Centex Homes
10-year statute of limitations for actions to recover for latent construction defects is subject to equitable tolling during periods of repair.
Torts Aug. 11, 2003
In re Zeth S.
In dependency case on appeal, minor's appellate counsel should submit affidavits or other evidence supporting position different from minor's trial counsel.
Juveniles Aug. 11, 2003
Davis v. State Bar
Attorney breaches fiduciary duties to corporate client when attorney chooses to advise one board member against interests of others.
Attorneys Aug. 11, 2003
People v. Montes
Ten-year street gang enhancement was improper for gang member sentenced to life for attempted second degree murder.
Criminal Law and Procedure Aug. 11, 2003
People v. Torres
Order
Aug. 11, 2003
People v. Gordon
Order
Aug. 11, 2003
In re Celine R., a Minor
Order
Aug. 11, 2003
Black on Habeas Corpus
Order
Criminal Law and Procedure Aug. 11, 2003
Kahn v. Lasorda's Dugout Inc.
Trial court should have considered whether to accept copies of documents rather than originals at default prove-up hearing.
Civil Procedure Aug. 11, 2003
People v. Szymanski
Denial of challenge for cause as to juror is abuse of court's discretion.
Criminal Law and Procedure Aug. 11, 2003
Byars v. SCME Mortgage Bankers Inc.
Lender was authorized to pay rebate to mortgage broker on loan with limited origination fees.
Banking Aug. 11, 2003