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Name Category Published
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
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
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