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Name Category Published
People v. Valle
Prisoner does not qualify as mentally disordered offender because he did not receive 90 days of treatment within year before his release.
Criminal Law and Procedure Oct. 2, 2002
Marriage of Friedman
Postnuptial agreement providing that spouses would not share in each other's businesses is valid.
Family Law Oct. 2, 2002
People v. Howard
Juvenile adjudication for attempted robbery does not qualify as strike under Three Strikes Law.
Criminal Law and Procedure Oct. 2, 2002
In re C.T.
Court may not determine minor is abused but properly exercises emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act.
Family Law Oct. 2, 2002
People v. Noble
Court's instruction that defendant must prove he is not dangerous in order to oppose his commitment as mentally disordered offender is prejudicial.
Criminal Law and Procedure Oct. 2, 2002
Michael D., a Minor
Minor violated penal statute by pointing imitation firearm at another minor, causing bystander to experience fear of bodily harm.
Juveniles Oct. 2, 2002
DeRose v. Heurlin
Attorney who filed appeal to disguise mismanagement of client funds is liable for sanctions.
Attorneys Oct. 2, 2002
Personal Watercraft Coalition v. Marin County Board of Supervisors
County ordinance prohibiting use of personal watercrafts in specific areas is not unconstitutionally vague.
Constitutional Law Oct. 2, 2002
Giles v. Horn
San Diego County charter requires board of supervisors to determine whether contracts awarded to private contractors meet economic and efficiency standards.
Government Oct. 2, 2002
Royal Surplus Lines Insurance Co. Inc. v. Ranger Insurance Co.
Insured and its insurer may be sued in same first party action.
Insurance Oct. 2, 2002
People v. Mower
Defendant must only raise reasonable doubt as to unlawful possession of marijuana and cultivation under Penal Code Section 11362.5(d).
Criminal Law and Procedure Oct. 2, 2002
People v. Engelman
Instructing jurors to oversee reasoning and decision-making of fellow jurors and report perceived improprieties creates risk of unnecessary intrusion of deliberation process.
Criminal Law and Procedure Oct. 2, 2002
People v. Michaels
Special circumstances of murder for financial gain apply where defendant admitted secondary motive for killing was his girlfriend's financial gain.
Criminal Law and Procedure Oct. 2, 2002
People v. Superior Court (Schultz)
When court grants motion to set aside information, it may direct district attorney to file information conditioned upon subsequent hearing before magistrate.
Criminal Law and Procedure Oct. 2, 2002
Stryker v. Antelope Valley Community College District
Temporary community college teacher found to work over 60 percent of full-time is entitled to reclassification as contract employee.
Government Oct. 2, 2002
DMV v. Superior Court (People)
Driving record regarding physical or mental condition is confidential information but not absolutely privileged.
Administrative Agencies Oct. 2, 2002
Rios v. Pulido
Allowing each parent with joint custody to claim dependency exemption every other year was proper.
Family Law Oct. 2, 2002
People v. Andrade
After imposing restitution fine and suspended parole revocation fine, court could later impose parole revocation fine when defendant violated probation.
Criminal Law and Procedure Oct. 2, 2002
People v. Westbrook
Defendant, previously adjudicated of committing robbery in juvenile court delinquency proceeding, is entitled to participate in drug treatment program under Proposition 36.
Criminal Law and Procedure Oct. 2, 2002
People v. Rodriguez
The absence of definitional instructions to clarify term "recurring access" in sex offender statute was not error.
Criminal Law and Procedure Oct. 2, 2002
Furman v. DMV
DMV's forensic alcohol analysis was not sufficient competent evidence to support suspension of driving privilege.
Administrative Agencies Oct. 2, 2002
Fletcher v. Superior Court
Police officer's prior employment history at previous law enforcement agency is subject to discovery proper 'Pitchess' motion.
Criminal Law and Procedure Oct. 2, 2002
In re Marriage of Carpenter
Husband has right to reimbursement for separate property contribution to community property house where quitclaim deed and premarital agreement were executed.
Family Law Oct. 2, 2002
Jordan v. California Department of Motor Vehicles
Arbitrator lacked authority to award $88 million in attorney fees to plaintiffs who had smog impact fee declared unconstitutional.
Civil Procedure Oct. 2, 2002
Baqleh v. Superior Court (People)
Court may order defendant to submit to a mental evaluation by prosecution expert but must comply with requirements of Civil Discovery Act.
Criminal Law and Procedure Oct. 2, 2002
Arreola v. Monterey County
Oct. 2, 2002
Estate of Austin D. Stephens (Vohs v. Williams)
Decedent's oral instruction to daughter to vest real property in decedent and daughter as joint tenants was valid under doctrine of 'amanuensis.'
Probate and Trusts Oct. 2, 2002
McMeans v. Scripps Health
Hospital may assert lien for reasonable value of services when patient lacked insurance coverage for services received.
Insurance Oct. 2, 2002
Victoria C., a Minor
It was harmless error when court dismissed portion of father's petition, requesting minor to be removed from mother's home.
Family Law Oct. 2, 2002
McElroy v. State of California
Highway patrol officer is not liable for colliding with police officer while assisting with chase.
Government Oct. 2, 2002