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People v. Statum
People may appeal superior court's decision to impose misdemeanor sentence for 'wobbler' offense.
Criminal Law and Procedure Oct. 2, 2002
People v. Cash
Trial court's failure to permit voir dire on whether juror could impose life in prison without parole is prejudicial error.
Criminal Law and Procedure Oct. 2, 2002
Konig v. Fair Employment and Housing Commission
State commission may award damages for emotional distress for housing discrimination.
Administrative Agencies Oct. 2, 2002
Groves v. Peterson
Denial to set aside default judgment does not trigger collateral estoppel to bar independent action in equity.
Civil Procedure Oct. 2, 2002
People v. Muszynsiki
Individual apartments damaged by fire are not separate structures under aggravated arson statute.
Criminal Law and Procedure Oct. 2, 2002
Walker v. San Francisco Housing Authority
Without filing objection, party is deemed to have stipulated to commissioner's jurisdiction to hear all matters 'arising under or related to' discovery.
Civil Procedure Oct. 2, 2002
Frederick v. First Union Securities Inc.
Corporation's agreement to arbitrate is binding on shareholder bringing derivative action.
Corporations Oct. 2, 2002
Ross v. Creel Printing & Publishing Co. Inc.
Creditors seeking payment for bad checks are not liable for intentional infliction of emotional distress.
Torts Oct. 2, 2002
Park Terrace Limited v. Teasdale
Summary judgment is proper in actions against lender based on exemption for loans arranged by licensed real estate broker.
Banking Oct. 2, 2002
People v. Watie
Where defendant shot at victim in his home, jury is properly instructed on defense of dwelling.
Criminal Law and Procedure Oct. 2, 2002
People v. Farnam
Oct. 2, 2002
Wilson v. Parker, Covert & Chidester
Plaintiff fails to establish malicious prosecution when court denied motion to strike action as SLAPP suit.
Torts Oct. 2, 2002
People v. Superior Court (Jimenez)
Prosecution may not render judge unavailable to rehear suppression motion by challenging that judge under Code of Civil Procedure Section 170.6.
Criminal Law and Procedure Oct. 2, 2002
Upland Anesthesia Medical Group v. The Doctors' Company
Withholding epidural care from indigent women because Medi-Cal would not cover procedure is intentional act and excluded from coverage under insurance policy.
Insurance Oct. 2, 2002
Everest Investors 8 et al. v. Whitehall Real Estate Limited Partnership XI
Nonfiduciary, who is neither employee or agent of fiduciary, is not liable for conspiracy in action for breach of fiduciary's duty.
Corporations Oct. 2, 2002
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California (4805 Convoy Inc.)
Undercover officer's inquiry of 'more skin' posed to exotic dancer does not constitute entrapment.
Criminal Law and Procedure Oct. 2, 2002
People v. Alvarez
Application of one strike law to lewd conduct charges committed before law took effect violates ex post facto prohibitions.
Criminal Law and Procedure Oct. 2, 2002
People v. Verlinde
As matter of law, co-perpetrator is not accomplice of defendant convicted of gross vehicular manslaughter.
Criminal Law and Procedure Oct. 2, 2002
In re Johnny M.
Minor is required to pay restitution to school district, including labor and benefits costs of salaried employees.
Juveniles Oct. 2, 2002
McCabe v. American Honda Motor Co.
Under 'consumer expectation theory,' issues of fact regarding design defect of driver-side air bag remain to be resolved.
Torts Oct. 2, 2002
CMPB Friends Inc. v. Alcoholic Beverage Control Appeals Board
Liquor license was improperly suspended for violating prohibition of alcohol sales to minors.
Administrative Agencies Oct. 2, 2002
Alvarez v. Jacmar Pacific Pizza Corp.
Unforeseeable murder committed at restaurant does not warrant action for premises liability.
Torts Oct. 2, 2002
People v. Wollschlager
Oct. 2, 2002
People v. Culp
Court should have aggregated non-continuous periods of presentence custody for purpose of calculating credits.
Criminal Law and Procedure Oct. 2, 2002
Annod Corp. v. Hamilton & Samuels
Partners in law firm did not fraudulently avoid paying rent by receiving partnership draws.
Real Property Oct. 2, 2002
Dustin v. Superior Court (People)
Oct. 2, 2002
People v. Valle
Oct. 2, 2002
Guillory v. Superior Court (People)
Oct. 2, 2002
People v. Storm
Defendant's s statements made at non-custodial home interview are admissible where defendant invoked 'Miranda' rights during polygraph exam three days earlier.
Criminal Law and Procedure Oct. 2, 2002
People v. Washington
Oct. 2, 2002