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Swanson v. St. John's Regional Medical Center
Hospital may assert lien against patient's tort recovery even after receiving payment from insurance carrier. 		Business Law Jul. 8, 2002
Schroeder v. City Council of City of Irvine
Plaintiff fails to make prima facie showing that vote program is unlawful expenditure of city funds. 		Civil Procedure Jul. 8, 2002
Bagatti v. Dept. of Rehabilitation
Employer may have violated state law by refusing to provide motorized transportation to employee with polio. 		Employment Law Jul. 8, 2002
City of Chino v. Jackson
Indemnity agreement holds each signatory jointly and severally liable to bond holder of City's development project. 		Contracts Jul. 8, 2002
National Technical Systems v. Superior Court (United Pacific Insurance Co.)
Evidence of prior judgment against general contractor was properly excluded in subsequent action against surety. 		Civil Procedure Jul. 8, 2002
Diosdado v. Diosdado
Agreement between spouses to pay damages in event one party engages in sexual infidelity is unenforceable. 		Family Law Jul. 8, 2002
Silver v. Boatwright Home Inspection Inc.
Defendant, voluntarily dismissed prior to trial, is not prevailing party for purpose of recovering attorney fees. 		Attorneys Jul. 8, 2002
Wackeen v. Malis
Without specific request, court does not retain jurisdiction to enforce settlement agreement after case is dismissed. 		Civil Procedure Jul. 8, 2002
Marriage of Read
Law firm discharged by client cannot motion court for award of attorney fees. 		Attorneys Jul. 8, 2002
Angel B., a Minor
Parent fails to show her relationship with child is so significant that its termination would be detrimental to child. 		Family Law Jul. 8, 2002
Patel v. City of Gilroy
City of Gilroy's Transient Occupancy Tax ordinance is not unconstitutionally vague. 		Taxation Jul. 8, 2002
Jarrow Formulas, Inc. v. LaMarche
Jul. 8, 2002
People v. Mearns
Sentence ordering defendant to pay restitution to rape victim was proper under California Constitution. 		Criminal Law and Procedure Jul. 8, 2002
People v. Baylor
There is no constitutional violation when police in one case use DNA profile which was lawfully obtained in another previous case. 		Criminal Law and Procedure Jul. 8, 2002
People v. Mello
Defendant is entitled to new trial because trial court erred by instructing prospective jurors to lie under oath during voir dire. 		Civil Procedure Jul. 8, 2002
People v. Chenze
Defendant was properly convicted for battery on custodial officer despite amendment to criminal statute. 		Criminal Law and Procedure Jul. 8, 2002
People v. Superior Court (Jefferson)
To be eligible for probation, defendant must be free from prison custody for five years immediately preceding drug offense. 		Criminal Law and Procedure Jul. 8, 2002
Carwash of America-PO LLC v. Windswept Ventures No. 1
Prevailing party may not recover expert witness fees unless they are separately pleaded and proven. 		Civil Procedure Jul. 8, 2002
Norwest Mortgage Inc. v. State Farm Fire and Casualty Co.
After mortgagee makes full credit bid, mortgagee is not entitled to insurance proceeds for prepurchase damage to property. 		Real Property Jul. 8, 2002
In re Raymond E.
Law that provides exception to termination of parental rights does not apply retroactively. 		Family Law Jul. 8, 2002
Value T Sales Inc. v. Mitchell (In re Mitchell)
Avoidance provision of bankruptcy code doesn't except post-petition foreclosure sale to good faith purchaser from automatic stay. 		Bankruptcy Jul. 8, 2002
U.S. v. Bass
National crime statistics do not justify discovery of government's decisions to seek death penalty. 		Criminal Law and Procedure Jul. 8, 2002
State v. Brightman
Defendant who shot victim when gun went off during fistfight is guilty of second-degree murder. 		Criminal Law and Procedure Jul. 8, 2002
State v. Hickman
Defendant's stipulation to prior convictions was properly included in sentence calculation. 		Criminal Law and Procedure Jul. 8, 2002
State v. Mannering
Defendant convicted of attempted first-degree murder was not entitled to assert defense of duress. 		Criminal Law and Procedure Jul. 8, 2002
Smith v. City of Kelso
City is not liable for damage to homes caused by landslides. 		Government Jul. 8, 2002
Equitex Inc. v. Ungar
Company not required to indemnify director who was found liable for intentional theft. 		Business Law Jul. 8, 2002
Alexander v. McClellan
Public use of easement need not be exclusive for creation of prescriptive right. 		Real Property Jul. 8, 2002
Club Telluride Owners Association v. Mitchell
Summary judgment is improper where genuine issues of material fact were in dispute. 		Civil Procedure Jul. 8, 2002
People v. Apodaca
Similar incident evidence is allowed where it was necessary to prove identity of defendant. 		Criminal Law and Procedure Jul. 8, 2002
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