| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C040139
|
Californians Against Waste v. Dept. of Conservation
'Processing fee' under California Beverage Container Recycling and Litter Reduction Act is calculated according to sales-based formula. |
Environmental Law |
|
Feb. 20, 2003 | |
|
F038052
|
People v. Breazell
Court erroneously imposed criminal fine when defendant had already been fined under separate statute. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
|
A097404
|
Low v. Golden Eagle Insurance Co.
Insurer had no duty to defend employer facing defamation suit from employee. |
Insurance |
|
Feb. 20, 2003 | |
|
B157220
|
Yao v. Superior Court(Lovell)
Statute requiring out-of-state plaintiff to file undertaking securing costs and fees doesn't apply to out-of-state defendant who files cross-complaint. |
Civil Procedure |
|
Feb. 20, 2003 | |
|
B153046
|
People v. Bojorquez
Testimony by prosecution's witness regarding gangs' criminal tendencies is prejudicial error. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
|
B155292
|
Dabney v. Dabney
Court's order directing trust beneficicary to execute documents for lot line adjustment was improper. |
Probate and Trusts |
|
Feb. 20, 2003 | |
|
B154786
|
People v. Augborne
For gang enhancement purposes, prosecutor has no duty to prove persons perpetrating predicate offenses were gang members when crimes were committed. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
|
B157432
|
Everett v. Superior Court (Premiere Parks Inc.)
African-American expelled from amusement park for cutting in line may sue under state civil rights law. |
Civil Rights |
|
Feb. 20, 2003 | |
|
H024037
|
Erik P., a Minor
Sibling relationship that is not sufficiently substantial does not provide exception to termination of parental rights. |
Family Law |
|
Feb. 20, 2003 | |
|
A097606
|
Joann E., a Minor
Appointment of guardian ad litem for child's caregiver was in violation of right to due process where there was no notice nor hearing. |
Family Law |
|
Feb. 20, 2003 | |
|
C039621
|
People v. Britt
'Special versus general' doctrine does not apply to defeat sex offender's burglary conviction. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
|
C034625
|
Rieger v. Arnold
In sexual harassment action, employee's prior sexual conduct at workplace is admissible. |
Employment Law |
|
Feb. 20, 2003 | |
|
A093974
|
American Home Assurance Co. v. Societe Commerciale Toutelectric
Foreign corporation waived right to conduct discovery under Hague Convention. |
Civil Procedure |
|
Feb. 20, 2003 | |
|
B153817
|
Consumer Advocacy Group Inc. v. Exxon Mobil Corp.
'Passive migration' or 'continued presence' of chemical in soil is not 'discharge or release' under Safe Drinking Water and Toxic Enforcement Act. |
Environmental Law |
|
Feb. 20, 2003 | |
|
A097688
|
Starr v. The Old Line Life Insurance Co. of America
Presumption of death is not applicable where fugitive from justice has not been seen or heard from for more than 12 years. |
Probate and Trusts |
|
Feb. 20, 2003 | |
|
B156096
|
James C., a Minor
Father incarcerated for violent felony failed to refute finding that children were dependents of court. |
Family Law |
|
Feb. 20, 2003 | |
|
E029587
|
Conservatorship of McElroy
Nod of head is insufficient to show oral consent of alleged settlement. |
Civil Procedure |
|
Feb. 20, 2003 | |
|
B139066
|
People v. Fremont Life Insurance Co.
Civil penalty was properly imposed against insurer for unlawfully selling annuities to senior citizens. |
Insurance |
|
Feb. 20, 2003 | |
|
C040142
|
Duarte & Witting, Inc. v. New Motor Vehicle Board (DaimlerChrysler Motors Corp.)
New Motor Vehicle Board has implied authority to dismiss protest where undisputed facts demonstrate good cause for franchise termination. |
Administrative Agencies |
|
Feb. 20, 2003 | |
|
C036202
|
California Youth Authority v. State Personnel Board (Henderson)
Reviewing court isn't required to give great weight to administrative law judges credibility determinations in employee dismissal action by California Youth Authority. |
Administrative Agencies |
|
Feb. 20, 2003 | |
|
A097991
|
In re Anthony B.
Twelve-month period to adjudicate juvenile case includes anniversary date of filing of petition. |
Juveniles |
|
Feb. 20, 2003 | |
|
B159191
|
Farmers Insurance Group of Companies v. Workers' Compensation Appeals Board
Unless specifically related to fraud, restitution payment may not be credited against workers' compensation benefits. |
Administrative Agencies |
|
Feb. 20, 2003 | |
|
A097383
|
Zinnemann v. Bagnol
Claimants who engaged in post-bankruptcy maneuvering are not eligible to recover from Real Estate Recovery Program. |
Administrative Agencies |
|
Feb. 20, 2003 | |
|
A096499
|
Dieden v. Schmidt
Judgment lien on real property held by tenant in common survives change in title to joint tenancy and death of debtor tenant. |
Civil Procedure |
|
Feb. 20, 2003 | |
|
B156359
|
Kapsimallis v. Allstate Insurance Co.
Where claim involves cataclysmic damage, insurers may not determine 'inception of loss' as date when physical event caused damage. |
Insurance |
|
Feb. 20, 2003 | |
|
B156333
|
Sanchez v. Hillerich & Bradsby Co.
Pitcher struck by line drive may sue manufacturer of aluminum bat. |
Torts |
|
Feb. 20, 2003 | |
|
H023966
|
People v. Superior Court (Martinez)
Defendant who committed non-violent drug possession while on probation for felony weapons offense is ineligible for probation under Proposition 36. |
Criminal Law and Procedure |
|
Feb. 20, 2003 | |
|
B144014
|
People v. First Federal Credit Corp.
People were not required to present evidence of defendant's financial condition in order to justify amount of civil penalty imposed. |
Civil Procedure |
|
Feb. 20, 2003 | |
|
S102633
|
Operating Engineers Local 12 Health and Welfare Trust Fund v. Phillip Morris Inc.
Order |
|
Feb. 19, 2003 | ||
|
S112361
|
Whatley v. Superior Court (People)
Order |
|
Feb. 19, 2003 |
