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Name Category Published
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
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
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
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
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
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
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
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
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
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
People v. Palmer
Defendant's amnesia, in and of itself, does not constitute incompetency to stand trial.
Criminal Law and Procedure Aug. 7, 2002
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
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
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
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
Sherman v. Allstate Insurance Co.
Order
Aug. 7, 2002
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
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
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
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
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
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
Miller v. Gammie
Social service workers who placed sexually deviant foster child into unsuspecting home are entitled to absolute immunity.
Government Aug. 7, 2002
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
Watts v. Farmers Insurance Exchange
Innocent policyholder may recover share of losses despite misconduct of other policyholder.
Insurance Aug. 7, 2002
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
Chodos v. West Publishing Co. Inc.
Publisher breached contract with author by declining to publish work for marketing reasons.
Contracts Aug. 7, 2002
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
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
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