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City of Hope v. Bryan Cave
Parties who are not intended beneficiaries of settlement agreements may not compel arbitration pursuant to underlying employment contracts.
Civil Procedure Dec. 3, 2002
Mason v. California Dept. of Real Estate
Person seeking to recover under Real Estate Recovery Program must file application within one year of court judgment.
Civil Procedure Dec. 3, 2002
Health Industries of America Inc. v. L.A. County Metropolitan Transportation Authority
Action was improperly dismissed where Judge Pro Tem had authority to toll five-year statute period.
Civil Procedure Dec. 3, 2002
Estate of Furia
Equitably adopted child does not have right to inherit property from testate 'grandparent.'
Probate and Trusts Dec. 3, 2002
People v. Cochran
Sufficient evidence existed that defendant used duress to commit aggravated sexual assault on child.
Criminal Law and Procedure Dec. 3, 2002
Shannon v. Gourley
Where forensic trainee was adequately supervised, DMV established requisite foundation for admission of blood-alcohol concentration evidence.
Administrative Agencies Dec. 3, 2002
Sully-Miller Contracting Co. v. Gledson/Cashman Construction Inc.
Documents that were unilateral offers to settle and unsigned by all parties are not enforceable agreements under Code of Civil Procedure Section 664.6.
Civil Procedure Dec. 3, 2002
City of Orange v. San Diego County Employees Retirement Assn.
Oral agreement by employees retirement association to hold open settlement offer to cities was enforceable.
Contracts Dec. 3, 2002
Brian K., a Minor
Juvenile court may impose fine for probation violation even though statute does not provide express authority.
Juveniles Dec. 3, 2002
Garcia v. County of Sacramento
Medical lien on tort recovery may be waived when it would pose undue financial hardship on injured party.
Torts Dec. 3, 2002
Communities for a Better Environment v. California Resources Agency
California Environment Quality Act guideline regarding cumulative impact analysis must include fair argument standard prompting environmental impact report preparation.
Environmental Law Dec. 3, 2002
People v. Murillo
Dec. 3, 2002
Maples v. Kern County Assessment Appeals Board
Purchase price of petroleum reserve in Kern County is proper valuation as taxable property and real property interests.
Administrative Agencies Dec. 3, 2002
Condoni v. Condoni
Dec. 3, 2002
Newdow v. U.S. Congress
Order
Dec. 3, 2002
Dewitt Construction Inc. v. Charter Oak Fire Insurance Co.
Amended opinion
Dec. 3, 2002
Valerio v. Andrew Youngquist Construction
Dec. 3, 2002
Newdow v. U.S. Congress
Order
Dec. 3, 2002
Franklin v. Fox
Summary judgment for police is proper where they possessed sufficient evidence creating probable cause to arrest plaintiff.
Civil Procedure Dec. 2, 2002
Lopez v. Washington Mutual Bank
Amended opinion
Dec. 2, 2002
Millar v. Bay Area Rapid Transit District
Action that was removed to district court may be amended to dismiss federal claims.
Civil Procedure Dec. 2, 2002
Sprietsma v. Mercury Marine
Federal Boat Safety Act does not pre-empt state common law claims in wrongful death action.
Constitutional Law Dec. 2, 2002
Hargis v. Foster
Amended opinion
Dec. 2, 2002
Smith v. Rae-Venter Law Group
Employer not required to pay attorney's fees and costs on appeal where labor commissioner's decision and trial court's decision were essentially identical.
Employment Law Dec. 1, 2002
Matter of Kreitenberg
Attorney who participated in capping scheme and conspiracy to defraud IRS should be disbarred.
Attorneys Dec. 1, 2002
Matter of Bodell
Reinstatement to state bar is proper where applicant made high showing of rehabilitation.
Attorneys Dec. 1, 2002
Klauser v. Gray
Order
Dec. 1, 2002
Torres- Soria v. United States
Order
Dec. 1, 2002
Opinion of Lockyer
Person may not serve concurrently as director of county water district and director of community services district.
Government Dec. 1, 2002
Chabad of Southern Ohio and Congregation Lubavitch v. City of Cincinnati
City does not have exclusive use of its square given its historic character as public forum.
Constitutional Law Dec. 1, 2002