| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E029823
|
Gibson v. World Savings and Loan Association
Plaintiffs' state claims are not pre-empted by federal regulations of Home Owners' Loan Act. |
Banking |
|
Feb. 4, 2003 | |
|
H021920
|
People v. Letteer
Defendant is entitled to be sentenced by judge who accepted his guilty plea. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
A094096
|
Valerio v. Andrew Youngquist Construction
Court erred in ignoring plaintiff's judicial admissions that contract existed. |
Contracts |
|
Feb. 4, 2003 | |
|
A098037
|
Greenlining Institute v. Public Utilities Commission (Pacific Bell Telephone Co.)
Public utilities commission lacks jurisdiction to decide whether utility violated unfair competition law. |
Administrative Agencies |
|
Feb. 4, 2003 | |
|
S032736
|
People v. Boyette
Defendant's convictions for two counts of first-degree murder and death sentence are affirmed. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
S098760
|
Smith v. Rae-Venter Law Group
For purposes of attorney fees shifting, party is successful in appeal when resulting judgment is more favorable than administrative award. |
Civil Procedure |
|
Feb. 4, 2003 | |
|
B160315
|
Michael B. v. Superior Court (People)
Grand jury may issue subpoena duces tecum, which does not require affidavit of good cause. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
D038707
|
County of San Diego v. Ace Property & Casualty Insurance Co.
There is no duty to indemnify claims neither litigated nor approved by insurer. |
Insurance |
|
Feb. 4, 2003 | |
|
B155353
|
Olsen v. Santa Barbara's Gracious Living Inc.
Furniture mover is entitled to enforce lien on property that it transported without agreement of owners. |
Business Law |
|
Feb. 4, 2003 | |
|
99-15185
|
White v. Ford Motor Co.
In products liability action, punitive damages award unconstitutionally permitted Nevada jury to punish Ford for out-of-state conduct. |
Torts |
|
Feb. 4, 2003 | |
|
02-50031
|
U.S. v. Bravo-Diaz
District court lacked jurisdiction to vacate conviction for drug smuggling under All Writs Act. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
S091453
|
Jimenez v. Superior Court (T.M. Cobb Co.)
Manufacturer of defective component installed in mass-produced home is subject to strict products liability. |
Torts |
|
Feb. 4, 2003 | |
|
G029129
|
Kajima Engineering and Construction Inc. v. Pacific Bell
Referee serving on general reference by trial court is not required to take oath. |
Civil Procedure |
|
Feb. 4, 2003 | |
|
D037565
|
People v. Cervantes
Search of defendant as condition of probation is illegal if it is arbitrary, capricious or harassing. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
H023029
|
Bono v. Clark
Former wife is entitled to portion of community assets used to improve husband's separate property estate. |
Family Law |
|
Feb. 4, 2003 | |
|
S102722
|
People v. Stanistreet
Statue which makes it a misdemeanor for individual to file false charges against police officer is facially constitutional. |
Constitutional Law |
|
Feb. 4, 2003 | |
|
B155099
|
People v. Matute
Defendant's rights weren't violated by victim's failure to give specific details regarding each count of rape for which he was charged. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
B151718
|
Ford v. Ford Motor Co.
Car dealership's settlement with customer does not establish manufacturer's duty to indemnify. |
Contracts |
|
Feb. 4, 2003 | |
|
B151748
|
Hu v. Fang
Paralegal's mistake is attributable to attorney responsible for supervising paralegal. |
Attorneys |
|
Feb. 4, 2003 | |
|
B143112
|
Gunther-Wahl Productions v. Mattel Inc.
Jury instruction was improper to determine existence of breach of implied-in-fact contract. |
Contracts |
|
Feb. 4, 2003 | |
|
G029383
|
Bunker v. County of Orange
|
|
Feb. 4, 2003 | ||
|
D038540
|
People v. Pugh
Buyer who pasted seller's signature on sales agreement is guilty of forgery. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
B141519
|
Souders v. Philip Morris Inc.
Repeal of state immunity statute subjects tobacco companies to liability in tort action. |
Torts |
|
Feb. 4, 2003 | |
|
A093189
|
People v. Napoles
Despite court's failure to give unanimity instruction in joint jury trial, error was harmless. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
G029055
|
Magna Enterprises Inc. v. Fidelity National Title Insurance Co.
Insurer had no duty to defend under title insurance policy where property owner had right of access, although difficult or impractical. |
Real Property |
|
Feb. 4, 2003 | |
|
S101047
|
Humphrey v. Appellate Division of Superior Court (People)
Search warrant to test defendant's blood for HIV may be based on affidavit comprised of hearsay statements. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
C039535
|
Guillemin v. Stein
Government Code Section 6103.5 authorizes recovery of costs for filing fees when judgment is entered in favor of public officials. |
Civil Procedure |
|
Feb. 4, 2003 | |
|
B149866
|
Harris v. Grimes
Court improperly applied res judicata to federal court ruling when ruling in favor of attorney in malpractice action. |
Attorneys |
|
Feb. 4, 2003 | |
|
D039196
|
People v. Samples
|
|
Feb. 4, 2003 | ||
|
A098878
|
Intershop Communications AG v. Superior Court (Martinez)
Mandatory forum selection agreement is valid unless plaintiff demonstrates enforcement would be unreasonable. |
Civil Procedure |
|
Feb. 4, 2003 |
