| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G029927
|
Dawson v. Toledano
Malpractice per se is not presumed when attorney is sanctioned; res judicata and collateral estoppel don't bar attorney from trial on merits. |
Attorneys |
|
Jul. 28, 2003 | |
|
C036911
|
People v. Ferguson
Exclusionary rule applies where search of defendant was based on erroneous information that he was on probation. |
Criminal Law and Procedure |
|
Jul. 28, 2003 | |
|
F040990
|
Twedt v. Franklin
Incorporation by attachment of written transcript that specifies reasons for grant of new trial complies with procedural requirements. |
Civil Procedure |
|
Jul. 28, 2003 | |
|
F040652
|
Oldham v. California Capital Fund Inc.
Without sufficient information, superior court could not have properly exercised its discretion in approving settlement. |
Civil Procedure |
|
Jul. 28, 2003 | |
|
G029961
|
Hernandez v. Paicius
Judge's comments regarding undocumented aliens requires retrial. |
Judges |
|
Jul. 28, 2003 | |
|
S100359
|
Robert L. v. Superior Court (People)
Alternate penalty provision directed at gang crime applies to both misdemeanors and felonies. |
Criminal Law and Procedure |
|
Jul. 28, 2003 | |
|
D041785
|
Scripps Health v. Superior Court (Reynolds)
Confidential occurrence reports prepared by hospital were protected by attorney-client privilege. |
Attorneys |
|
Jul. 28, 2003 | |
|
S104444
|
Ferguson v. Lieff, Cabraser, Heimann & Bernstein
Plaintiffs in legal malpractice action may not recover as compensatory damages punitive damages lost due to attorneys' negligence. |
Torts |
|
Jul. 28, 2003 | |
|
F041769
|
Ricardo L., a Minor
Jurisdictional order is reversed where social service agency failed to meet burden of proof under Welfare and Institutions Code. |
Juveniles |
|
Jul. 28, 2003 | |
|
C036977
|
Reeves v. Rocklin Unified School District
Anti-abortion activists do not have right to distribute literature on high school campus. |
Constitutional Law |
|
Jul. 28, 2003 | |
|
S100231
|
Wittkopf v. Los Angeles County
Order |
|
Jul. 28, 2003 | ||
|
S105762
|
People v. Flores
Appellate court had authority to return case to trial court to determine whether criminal defendant had ability to pay attorney fees. |
Criminal Law and Procedure |
|
Jul. 28, 2003 | |
|
02-50450
|
U.S. v. Cedano-Arellano
Court's refusal to permit defendant to conduct discovery regarding narcotics dog was harmless error. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
01-35028
|
Skokomish Indian Tribe v. United States
District court lacked jurisdiction to hear Indian tribe's challenge to federal licensing of energy project. |
Administrative Agencies |
|
Jul. 25, 2003 | |
|
01-16823
|
Ho v. Carey
Prisoner has constitutional right to have jury decide each element of second-degree murder offense based on implied malice. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
01-17451
|
International Healthcare Management v. The Hawaii Coalition for Health
Consortium to negotiate terms of company's provider agreement does not cause antitrust injury in violation of Sherman Act. |
Antitrust |
|
Jul. 25, 2003 | |
|
01-50063
|
U.S. v. Pina-Jaime
Previously deported alien who remains in United States after parole term has ended violates federal statute. |
Immigration |
|
Jul. 25, 2003 | |
|
98-10159
|
U.S. v. Cabaccang
Transport of drugs on nonstop flight from California to Guam does not constitute importation. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
02-55858
|
Baffert v. California Horse Racing Board
District court should have declined jurisdiction to review state board's decision to suspend horse-racing license. |
Administrative Agencies |
|
Jul. 25, 2003 | |
|
00-35070
|
U.S. v. City of Tacoma
Tribal lands in which federal government had interest are not subject to state condemnation proceedings. |
Native American Affairs |
|
Jul. 25, 2003 | |
|
G030264
|
Harbor Island Holdings LLC v. Kim
Lease provision requiring double rent in event of breach is unenforceable as penalty. |
Real Property |
|
Jul. 25, 2003 | |
|
B162707
|
Pfeiffer Venice Properties v. Superior Court (Bernard)
Post-appeal peremptory challenges are available to both appellants and respondents. |
Civil Procedure |
|
Jul. 25, 2003 | |
|
E029887
|
People v. Henderson
Trial court properly admitted DNA evidence after concluding capillary electophoresis procedure has gained general acceptance within scientific community. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
A097905
|
In re Vitamin Cases
Code of Civil Procedure Section 384 does not preclude cy pres recovery in class action settlement. |
Civil Procedure |
|
Jul. 25, 2003 | |
|
B153284
|
Weber v. United Parcel Service Inc.
Employee's injury allegedly caused by employer's negligent administration of hearing tests arose out of and in course of employment. |
Workers' Compensation |
|
Jul. 25, 2003 | |
|
B160159
|
People v. Chagoyan
Trial court cannot deny finding of factual innocence without conducting evidentiary hearing. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
B155843
|
Lee v. Los Angeles County Metropolitan Transit Authority
Cause of action for inverse condemnation begins to accrue only when damage stabilizes. |
Real Property |
|
Jul. 25, 2003 | |
|
D038761
|
People v. Portillo
Court did not err in expanding scope of felony-murder sex offenses to include homicide that occurred after sex offenses were complete. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
B158358
|
Morrison v. Housing Authority of the City of Los Angeles Board of Commissioners
Findings made by Board of Commissioners constituted hearing which entitled petitioner to notice. |
Administrative Agencies |
|
Jul. 25, 2003 | |
|
B155518
|
Olson v. Cohen
|
|
Jul. 25, 2003 |
