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May v. Hon. Weisberg
Order
Jul. 10, 2002
People v. Farell
Penal Code section mandating 90-day sentence for theft exceeding $50,000 does not apply to theft of trade secrets.
Criminal Law and Procedure Jul. 10, 2002
Whitmore Union Elementary School District v. County of Shasta
When county treasurer lacks discretion to invest money, investment is not subject to discretionary immunity under Tort Claims Act.
Government Jul. 10, 2002
People v. Cochran
Defendant who posted photographs on Internet did not have commercial purpose necessary for pornography conviction.
Criminal Law and Procedure Jul. 10, 2002
Migliore v. Mid-Century Insurance Co.
Party's claims for damage caused by earthquake aftershocks is barred by one-year statute of limitaions.
Insurance Jul. 9, 2002
Roger H. Proulx & Co. v. Crest-Liners Inc.
Triable issues of fact exist where at least some of damages sought were 'because of' property damages potentially covered by insurance policy.
Insurance Jul. 9, 2002
Marriage of De Guigne
Extensive property holdings and special circumstances justify increases over guideline support amount.
Family Law Jul. 9, 2002
People v. Padilla
Conduct credits were improperly calculated for defendant convicted of nonviolent felony.
Criminal Law and Procedure Jul. 9, 2002
People v. Superior Court (Henkel)
Required five-year 'washout period' for Proposition 36 eligibility must immediately precede current drug possession offense.
Criminal Law and Procedure Jul. 9, 2002
People v. Jaspar
Jury instruction on battered women's syndrome did not confuse jury.
Criminal Law and Procedure Jul. 9, 2002
Alex R. Thomas & Co. v. Mutual Service Casualty Insurance Co.
Insured's loss is not covered under policy because insurer established that 'efficient proximate cause' of loss was excluded peril.
Insurance Jul. 9, 2002
Buckner v. Tamarin
Deceased patient could not bind adult children to arbitrate claim for wrongful death.
Civil Procedure Jul. 9, 2002
Saffro v. Elite Racing Inc.
Marathon organizer breached duty of care by failing to provide adequate amounts of electrolyte fluids to race participants.
Torts Jul. 9, 2002
State v. Meza
State's various discovery violations resulted in court's order to preclude evidence as sanction against state.
Criminal Law and Procedure Jul. 9, 2002
U.S. v. Ramos
Order
Jul. 9, 2002
Ousley v. Ward
Order
Jul. 9, 2002
Herron v. Gibson
Order
Jul. 9, 2002
Fine v. Superior Court (Flores)
Commissioner had authority to issue contempt order against attorney, and order was supported by substantial evidence.
Civil Procedure Jul. 9, 2002
People v. Kubby
Defendant with misdemeanor conviction who flees jurisdiction loses right to appeal.
Criminal Law and Procedure Jul. 9, 2002
People v. Ward
Court does not lose jurisdiction when it allows cure of procedural defect in petition to extend commitment of 'sexually violent predator.'
Criminal Law and Procedure Jul. 9, 2002
Tanyann W., a Minor
Term 'sibling' does not include foster sisters or brothers in statute that permits denial of reunification services in case of abuse by guardian.
Juveniles Jul. 9, 2002
Tradewinds Escrow Inc. v. Truck Insurance Exchange
Under business owners policy exclusion, insurer does not have duty to defend claim against insured for failing to render professional services.
Insurance Jul. 9, 2002
California Apartment Assn. v. City of Fremont
City is not precluded from making amendments to California Building Standards Code more than 180 days after publication of new code.
Real Property Jul. 9, 2002
In re Raphael P.
Evidence of biological nonpaternity cannot be used to rebut presumed father status.
Family Law Jul. 9, 2002
Children's Hospital & Medical Center v. Belshe
State regulations for reimbursing out-of-state hospitals for Medi-Cal patients violate the commerce clause and equal protection clause.
Administrative Agencies Jul. 9, 2002
People v. Cuccia
Cumulative effect of coercing defendant to testify and denying defendant's request to testify on surrebuttal violated defendant's right to fair trial.
Criminal Law and Procedure Jul. 9, 2002
Ramirez-Castro v. Immigration and Naturalization Service
Order of state court, expunging party's misdemeanor conviction after successful completion of probation, does not eliminate immigration consequences.
Immigration Jul. 9, 2002
People v. Arroyas
Sentence for vandalism conviction was properly enhanced based on defendant's street gang affiliation.
Criminal Law and Procedure Jul. 8, 2002
Groth Bros. Oldsmobile Inc. v. Gallagher
If plaintiff voluntarily dismisses after learning of court's tentative adverse ruling, court has jurisdiction to vacate dismissal and sustain defendant's demurrer.
Civil Procedure Jul. 8, 2002
Schoendorf v. U.D. Registry Inc.
Plaintiff makes sufficient showing that consumer reporting agency should have modified her report.
Civil Procedure Jul. 8, 2002