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People v. Mack
Defendant is entitled to conduct credits for time spent in prison prior to reversal of conviction.
Criminal Law and Procedure Oct. 1, 2002
Fatica v. Superior Court (Liljegren)
Trial court's order, prohibiting treating physician from testifying as to his opinions, was wrong as matter of law.
Civil Procedure Oct. 1, 2002
People v. Manderscheid
Police officer's entry into backyard to knock on rear door did not invalidate subsequent consent to search residence.
Criminal Law and Procedure Oct. 1, 2002
Satten v. Webb
Malicious prosecution claim is not pre-empted by bankruptcy law since underlying action was based on state fraud claims.
Attorneys Oct. 1, 2002
In re Angela C.
Failure to notify parent of continued termination hearing date is harmless error beyond reasonable doubt.
Juveniles Oct. 1, 2002
People v. Mora
Court errs by amending prisoner's sentence in his absence.
Criminal Law and Procedure Oct. 1, 2002
People v. Johnson
Penal Code Section 288.5 precludes convictions on both continuous sexual abuse charge and individual sexual offenses.
Criminal Law and Procedure Oct. 1, 2002
Zamora v. Clayborn Contracting Group Inc.
Discretionary relief is available where typographical error miscommunicated settlement offer to opposing party.
Civil Procedure Oct. 1, 2002
Keitel v. Heubel
Oct. 1, 2002
Hammond v. Agran
Oct. 1, 2002
Esberg v. Union Oil Co. of California
FEHA's policy against age discrimination does not extend to furnishing educational assistance benefits.
Employment Law Oct. 1, 2002
People v. Wilkinson
Statutory scheme that permits prosecutors arbitrarily to punish battery as either felony or misdemeanor violates equal protection requirement.
Criminal Law and Procedure Oct. 1, 2002
People v. Washington
Defendant may be ordered to pay for extradition as cost of probation supervision.
Criminal Law and Procedure Oct. 1, 2002
Riley v. Hilton Hotels Corp.
On-site or adjacent-structure parking facility's exception from city's rate-notice requirement is not retroactive.
Government Oct. 1, 2002
Virgle v. Superior Court (People)
Separate finding of probable cause is not required to order fingerprint exemplar where defendant's arrest was lawful.
Criminal Law and Procedure Oct. 1, 2002
Stoops v. Abbassi
Physician who is member of interindemnity trust may not sue other members directly for failing to pay assessments.
Insurance Oct. 1, 2002
People v. Anderson
Duress is not defense to first-degree murder of innocent person and does not reduce murder to manslaughter.
Criminal Law and Procedure Oct. 1, 2002
Rosa S. v. Superior Court (Orange County Social Services Agency)
Oct. 1, 2002
People v. Hurtado
Before defendant can be committed under Sexually Violent Predators Act, defendant must be likely to commit future predatory acts.
Criminal Law and Procedure Oct. 1, 2002
People v. Mar
Requiring defendant to wear stun belt while testifying on own behalf constituted prejudicial error.
Criminal Law and Procedure Oct. 1, 2002
People v. Mar
Oct. 1, 2002
Syntek Semiconductor Co. v. Microchip Technology Inc.
Amended opinion
Oct. 1, 2002
Neal v. Health Net Inc.
Disqualification is unwarranted when attorney representing plaintiff in existing suit is subsequently retained by former legal secretary for defendant in same litigation.
Attorneys Sep. 30, 2002
City of Ripon v. Sweetin
Evidence of city's alleged misconduct prior to condemnation proceedings should have been admitted to calculate damages.
Real Property Sep. 30, 2002
Saline v. Superior Court (Commonwealth Energy Corp.)
Court erred in placing restriction on corporate director's right to inspect corporate documents.
Corporations Sep. 30, 2002
Ryan D., a Minor
Juvenile's painting in which he is depicted shooting police officer in head doesn't constitute criminal threat.
Criminal Law and Procedure Sep. 30, 2002
Rodrigo v. Koryo Martial Arts
Primary assumption of risk barred potential recovery by martial arts student because instructor did not increase risks associated with learning sport.
Torts Sep. 30, 2002
County of Fresno v. Malaga County Water District
Water district may incorporate as city despite having limited powers.
Government Sep. 30, 2002
Johnston v. Sonoma County (City of Santa Rosa)
Transfer of utility easement over property preserved for open space to city under threat of condemnation does not require voter approval.
Real Property Sep. 30, 2002
Gault v. Modern Continental/Roadway Construction Co. Inc. Joint Venture
Pile driver injured while working on barge presents triable issues of fact whether he was seaman on vessel in navigable waters.
Maritime Law Sep. 30, 2002