| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G027107
|
Ray v. Silverado Constructors
'Privette/Toland' rationale does not preclude all theories of liability in case where employee of independent contractor was killed at construction site. |
Torts |
|
Aug. 7, 2002 | |
|
B145102
|
Walker v. Countrywide Home Loans Inc.
Practice of charging delinquent borrowers with property inspection costs does not violate unfair competition law. |
Business Law |
|
Aug. 7, 2002 | |
|
D038121
|
Cunningham v. Universal Underwriters
Insurer had no duty to defend breach of contract action involving late delivery of premises to leasee despite 'wrongful eviction' coverage. |
Insurance |
|
Aug. 7, 2002 | |
|
H020031
|
People v. Smith
Child molestation charges which fell outside the statute of limitations was, at a minimum, harmless error. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
S079245
|
People v. Willis
Good faith exception to exclusionary rule does not apply when police search without warrant under erroneous belief that defendant is on parole. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00CA1917
|
Helmsman v. Colorado Dept. of Labor and Employment
Third-party administrator is not entitled to share in proceeds of bond required for self-insurance. |
Workers' Compensation |
|
Aug. 7, 2002 | |
|
00SA252
|
People v. Alvarado
Sufficient probable cause of defendant's drug usage existed to support a search warrant for drug-testing laboratory. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01SA68
|
People v. Palomo
No appearance of impropriety exists regarding district attorney and Capital Crimes Unit methods of obtaining defendant's personnel file from employer. |
Attorneys |
|
Aug. 7, 2002 | |
|
00SC437
|
People v. Duncan
Defense counsel's request for continuance to investigate new material operated to extend speedy trial period by additional six months. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00SC417
|
Huddleston v. Board of Equalization of Montezuma County
Statute provides personal property tax exemption only for businesses owning not more that $2500 in non-exempt property in same county. |
Taxation |
|
Aug. 7, 2002 | |
|
00SC326
|
People v. Palmer
Defendant's amnesia, in and of itself, does not constitute incompetency to stand trial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00SC489
|
State v. The Cash Now Store, Inc.
Transactions engaged in by The Cash Now Store constitute loans subject to Uniform Consumer Credit Code. |
Contracts |
|
Aug. 7, 2002 | |
|
01SA41
|
People v. Braunthal
Defendant's due process rights weren't violated by police department's unintentional destruction of videotape evidence. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
99SC713
|
Brotman v. East Lake Creek Ranch
Owner of land adjacent to school land managed by State Board of Land Commissioners doesn't have standing to enjoin board transaction. |
Civil Procedure |
|
Aug. 7, 2002 | |
|
00SA314
|
Curtis v. Nevins
In shareholder's derivative action, trial court may not inquire into reasonableness of procedures proposed by special litigation committee until committee completes task. |
Corporations |
|
Aug. 7, 2002 | |
|
S099619
|
Sherman v. Allstate Insurance Co.
Order |
|
Aug. 7, 2002 | ||
|
H022665
|
Howard Jarvis Taxpayers Assn. v City of Salinas
Storm Drainage Fee is property-related fee requiring voter approval under state Constitution. |
Government |
|
Aug. 7, 2002 | |
|
B156079
|
Bailon v. Superior Court (People)
Trial that started one day after stipulated final date for trial violated defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
H022334
|
People v. Vu
Failure to instruct jury that sexual battery is lesser included offense of penetration with foreign object is prejudicial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
D037229
|
Gafcon Inc. v. Ponsor & Associates
Insurer does not engage in practice of law due to employment relationship with attorneys defending insureds against third-party claims. |
Insurance |
|
Aug. 7, 2002 | |
|
00-30409
|
U.S. v. Williams
Defendant's sentence for coercing minor to travel beyond state for prostitution was incorrectly calculated. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
98-50452
|
U.S. v. Corona-Sanchez
California state conviction for petty theft of cigarettes and beer does not constitute aggravated felony for sentencing enhancement purposes. |
Immigration |
|
Aug. 7, 2002 | |
|
01-15491
|
Miller v. Gammie
Social service workers who placed sexually deviant foster child into unsuspecting home are entitled to absolute immunity. |
Government |
|
Aug. 7, 2002 | |
|
01-30166
|
U.S. v. Kim
Defendant's statements made during execution of search warrant amounted to unlawful custodial interrogation.. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B149606
|
Watts v. Farmers Insurance Exchange
Innocent policyholder may recover share of losses despite misconduct of other policyholder. |
Insurance |
|
Aug. 7, 2002 | |
|
00-56653
|
Abrahim & Sons Enterprises v. Equilon Enterprises, LLC
Transfer of assets to LLC triggered duty to offer franchisees right of first refusal. |
Corporations |
|
Aug. 7, 2002 | |
|
00-55954
|
Chodos v. West Publishing Co. Inc.
Publisher breached contract with author by declining to publish work for marketing reasons. |
Contracts |
|
Aug. 7, 2002 | |
|
A095806
|
Swain v. California Casualty Insurance Co.
Insurer had no duty to defend policyholder against suit for wrongful eviction under general liability policy. |
Insurance |
|
Aug. 7, 2002 | |
|
01-3370
|
Gaines v. Stenseng
Dismissal of due process claim of Kansas state prisoner for 75 days in disciplinary segregation was improper without review of evidence of prison conditions. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-16206
|
Shuetz v. Banc One Mortgage Corp.
Yield spread premiums paid to mortgage broker are not violative of the Real Estate Settlement Procedures Act. |
Real Property |
|
Aug. 7, 2002 |
