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Tex Enterprises Inc. v. Brockway Standard Corp.
Customer who received assurances from salesman may sue for breach of warranty despite disclaimer printed on invoices.
Contracts Feb. 21, 2002
Horan v. City of Federal Way
City government cannot remove commercial signs near highway without paying compensation.
Government Feb. 21, 2002
Eugster v. City of Spokane
Selection process to fill city council vacancy may have violated Open Public Meetings Act.
Government Feb. 21, 2002
People v. Viramontes
Trial of defendant accused of fatal shooting at party should have included instruction on imperfect self-defense.
Criminal Law and Procedure Feb. 21, 2002
Nam Tai Electronics Inc. v. Titzer
No personal jurisdiction found for Colorado author who allegedly posted defamatory material onto Internet message board based in California.
Civil Procedure Feb. 21, 2002
People v. Dang
Trial court did not err in permitting defendant's former attorney to testify about his threats against witnesses.
Criminal Law and Procedure Feb. 21, 2002
Songstad v. Superior Court (Nestande)
Feb. 21, 2002
Provenzano v. DMV
DMV is authorized to revoke vehicle salesperson's license for advertising and selling car without having title.
Administrative Agencies Feb. 21, 2002
Vahle v. Barwick
Whether parties to release agreement intended to release attorney from liabilty for malpractice is a triable issue of fact.
Civil Procedure Feb. 21, 2002
Coastal Berry Co. v. Agricultural Labor Relations Board
Labor board must reconsider whether farm workers who were fired for causing disruption in field are entitled to reinstatement.
Labor Law Feb. 21, 2002
People v. Roberto V.
Testimony of mother regarding statements of four-year-old alleged victim should not have been admitted during trial.
Criminal Law and Procedure Feb. 21, 2002
Marriage of Brewer and Federici
Trial court didn't abuse discretion in setting aside judgment and martial settlement agreement based on mistake.
Family Law Feb. 21, 2002
Harry N., a Minor
Juvenile court did not give proper consideration to Department of Children and Family Services' placement recommendation.
Family Law Feb. 21, 2002
Clifton V., a Minor
Juvenile court erred in refusing to hear live testimony at hearing on mother's Section 388 petition for modification where declaration testimony conflicted.
Family Law Feb. 21, 2002
Walker v. Kiousis
Civil Code Section 47.5, permitting peace officers to bring defamation suits against complainants, is unconstitutional content-based regulation of speech.
Constitutional Law Feb. 21, 2002
Morris v. Harper
Mandamus may be used to compel treatment centers to obtain licenses because compliance duty is 'ministerial' rather than 'discretionary.'
Civil Procedure Feb. 21, 2002
Brown v. Kennard
Litigation privilege outlined in Civil Code bars plaintiff's abuse of process action.
Civil Procedure Feb. 21, 2002
Roe v. State of California
Government may be liable for breaching settlement agreement regarding discipline of real estate appraiser.
Government Feb. 21, 2002
Unnamed Physician v. Board of Trustees of St. Agnes Medical Center
Feb. 21, 2002
Allen v. Smith
Feb. 21, 2002
City of Sacramento v. WCAB
Feb. 21, 2002
Morgan-Busby v. Gladstone
Granting injunction preventing defendants from transferring stock and interfering with trustee's investigation, even though trustee failed to timely object, was proper.
Bankruptcy Feb. 21, 2002
People v. Wilson
Courts have discretion to strike enhancement for use of accelerant in arson cases.
Criminal Law and Procedure Feb. 21, 2002
Deltakeeper v. Oakdale Irrigation District
Named parties have interest in California Environmental Quality Act litigation sufficient to protect interests of parties not joined.
Civil Procedure Feb. 21, 2002
National Enterprises Inc. v. Woods
Junior lienholder who purchased debt from same seller as did senior lienholder is not barred from recovering debt in event of foreclosure.
Business Law Feb. 21, 2002
Reader's Digest Assn. Inc. v. Franchise Tax Board
Wholly-owned subsidiary, which solicits advertising for out-of-state publication, doesn't qualify as contractor afforded out-of-state tax exemption.
Taxation Feb. 21, 2002
Burns v. Nature's Best
Business accused of secretly recording telephone conversation is entitled to new criminal trial.
Criminal Law and Procedure Feb. 21, 2002
Lueter v. State of California
Plaintiffs cannot assert tort claim for negligent spoliation of evidence.
Torts Feb. 21, 2002
Shelton v. Rancho Mortgage & Investment Corp.
Although postjudgment order denying motion for sanctions is appealable, court didn't err in denying motion.
Civil Procedure Feb. 21, 2002
People v. Abasta
Order
Feb. 21, 2002