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Name Category Published
PA Republican Caucus v. Vieth
Order
Oct. 7, 2002
Jubelirer v. Vieth
Order
Oct. 7, 2002
Hohn v. United States
Order
Oct. 7, 2002
Willingham v. Loughnan
Order
Oct. 7, 2002
Packer v. Hill
Trial judge violated defendant's due process rights by coercing jury to render guilty verdict.
Criminal Law and Procedure Oct. 7, 2002
People v. Garcia
Shooter's conviction is not required to impose sentencing enhancement on accomplice for gun use allegation where crime is for benefit of street gang.
Criminal Law and Procedure Oct. 7, 2002
Armenta v. Superior Court (James Jones Co.)
All parties in joint prosecution agreement protecting work product privilege must consent to waiver of privilege.
Attorneys Oct. 7, 2002
In re Andrews
Counsel's decision not to further investigate mitigating evidence over defendant's objection is reasonable under Sixth Amendment.
Criminal Law and Procedure Oct. 7, 2002
Schnyder v. State Board of Equalization
Because purchaser in bulk sale failed to obtain receipt stating seller's taxes had been paid, purchasers are liable for taxes under successor liability statute.
Taxation Oct. 7, 2002
John Y. v. Chaparral Treatment Center Inc.
Treatment center is not vicariously liable for counselor's sexual assault of youth.
Torts Oct. 7, 2002
In re Marriage of Murray
Proceeds from home sale which were attached to illegitimate debts constitute fraud upon the community.
Family Law Oct. 7, 2002
People v. Ranger Insurance Co.
Court had clear jurisdiction to refuse to discharge order of bail forfeiture and sanctions are imposed for appeal without merit.
Criminal Law and Procedure Oct. 7, 2002
Whiteside v. Tenet Healthcare Corp.
Entity which owns and operates hospital, at which patient received medical treatment, may obtain payments from both patient's individual policy and group policy.
Insurance Oct. 7, 2002
Swat-Fame Inc. v. Goldstein
Information provided to attorneys from client established probable cause necessary to support fraud action.
Attorneys Oct. 7, 2002
Oakland-Alameda County Coliseum Authority v. CC Partners
Broad arbitration clause requires arbitration of disputes 'arising out of or relating to' agreement and carve-out provision does not apply.
Civil Procedure Oct. 7, 2002
Miller v. Superior Court (People)
People establish excusable neglect where investigators checked jails and police records but failed to locate key witness before trial.
Criminal Law and Procedure Oct. 7, 2002
Mount Diablo Medical Center v. Health Net of California Inc.
Language of choice-of-law clause is broad enough to include California law on subject of arbitrability.
Civil Procedure Oct. 7, 2002
Navellier v. Sletten
Action based on defendant's counterclaims filed in prior and unrelated suit is one 'arising from' activity protected by anti-SLAPP statute.
Civil Procedure Oct. 7, 2002
City of Cotati v. Cashman
City's state court action is not subject to special motion to strike where suit is based on constitutionality of city ordinance.
Civil Procedure Oct. 7, 2002
Equilon Enterprises v. Consumer Cause Inc.
Defendant who moves under anti-SLAPP statute to strike cause of action, does not have to prove plaintiff's subjective intent.
Civil Procedure Oct. 7, 2002
Betterton v. Leichtling
Instructional error regarding negligence and informed consent in medical malpractice action is harmless.
Torts Oct. 7, 2002
La Costa Beach Homeowners' Assn. v. California Coastal Commission
California Coastal Commission properly allowed deletion of view corridor conditions and dedication of beach parcel.
Administrative Agencies Oct. 7, 2002
Wilkison v. Wiederkehr
Plaintiff cannot seek equitable remedy for breach of contract when adequate legal remedy was available.
Contracts Oct. 7, 2002
Deocampo v. Ahn
Court properly applies settlement with hospital defendant to offset damages for nonsettling defendant in medical malpractice case.
Torts Oct. 7, 2002
Warmington Old Town Associates v. Tustin Unified School District
Redevelopment construction is not exempt from imposition of school-impact fees under Education Code Section 17620(a)(1)(C)(i).
Education Oct. 7, 2002
Johnson v. Superior Court (California Cryobank Inc.)
Sperm bank is not liable for failing to disclose that donor had hereditary kidney disease.
Torts Oct. 7, 2002
Sacramento Police Officers Assn. v. Vengas
Officer is entitled to read and respond to adverse information within police department's internal affairs index.
Government Oct. 7, 2002
Karen C., a minor
Nonbiological mother who has not formally adopted child may establish maternity where she takes child into her home and raises as her own.
Family Law Oct. 7, 2002
L.Y.L., a Minor
Parent failed to prove that termination of her parental rights to her daughter would substantially interfere with daughter's sibling relationship.
Juveniles Oct. 7, 2002
People v. Mehaisin
Parent who abducted his children from their lawful custodian is not entitled to affirmative defense of necessity.
Criminal Law and Procedure Oct. 7, 2002