| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F034825
|
Mastro v. Petrick
Under doctrine of primary assumption of the risk, snowboarder owes no duty of care to skier on same slope. |
Torts |
|
Jan. 7, 2002 | |
|
01SA70
|
People v. Ortega
Defendant did not have expectation of privacy in claim tag attached to suitcase and officer's removal of it wasn't seizure. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
E029624
|
People v. Valenzuela
Misdemeanor possession of master key with intent to commit unlawful act has no knowledge element. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
F022835
|
People v. Harrison
Vexatious litigant statutes apply to civil cases and are not intended to prevent defendants in criminal cases from filing pro se motions. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
A090825
|
Nash v. MacDonald
Manifestation of real property defect qualifies as latent defect if cause could not have been discovered by laypersons. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
F035671
|
Shannon v. Rhodes
Primary assumption of risk doctrine doesn't apply to bar passenger's negligence claim where driver takes passengers out for simple ride around lake. |
Torts |
|
Jan. 7, 2002 | |
|
A090429
|
Thayer v. Wells Fargo Bank
Attorney who spent unreasonable amount of time on straightforward case should have fees award reduced. |
Attorneys |
|
Jan. 7, 2002 | |
|
B145688
|
Martin v. World Savings & Loan Assn.
Agreement to name lender as loss-payee for earthquake insurance claim is valid even if such insurance was not required. |
Insurance |
|
Jan. 7, 2002 | |
|
E028669
|
Stull v. Sparrow
When party doesn't present evidence on issue at trial, issue hasn't been proven so as to merit order granting costs and fees. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
B147387
|
County of San Luis Obispo v. Workers' Compensation Appeals Board
Single inadvertently late payment of benefits does not justify penalty. |
Administrative Agencies |
|
Jan. 7, 2002 | |
|
F034435
|
People v. Towey
Court isn't required to obtain defendant's waiver of jury instructions, regarding his not testifying, when instructions cannot be characterized as fundamental right. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
B128480
|
Community Assisting Recovery Inc. v. Aegis Security Insurance Co.
Insurance companies did not commit unfair business practices in using particular method to assess property loss. |
Insurance |
|
Jan. 7, 2002 | |
|
B147530
|
People v. Felix
Defendant did not make terrorist threat when threatening to kill ex-girlfriend during therapy session. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
A092156
|
Black v. Financial Freedom Senior Funding Corp.
Elderly homeowners may sue lender for deceptive marketing of reverse mortgages. |
Business Law |
|
Jan. 7, 2002 | |
|
B141637
|
Meraz v. Farmers Insurance Exchange
|
|
Jan. 7, 2002 | ||
|
A094248
|
Debro v. Los Angeles Raiders
Plaintiff missed three-year deadline to sue professional football team for improperly taking public money to relocate. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
B143068
|
Mack v. State Bar of California
State bar's private reproval allows posting of attorney's disciplinary history on Web site. |
Attorneys |
|
Jan. 7, 2002 | |
|
C034423
|
Lovejoy v. AT&T Corp.
|
|
Jan. 7, 2002 | ||
|
B143431
|
Benasra v. Marciano
Investment banking firm isn't compelled to arbitrate without clear evidence that it was third party beneficiary of licensing agreement. |
Torts |
|
Jan. 7, 2002 | |
|
B146393
|
In re Marriage of Laudeman
Stipulation to pay child support above the Statewide Uniform Child Support Guidelines cannot be modified unless material change in circumstances. |
Family Law |
|
Jan. 7, 2002 | |
|
A090680
|
Birschtein v. New United Motor Manufacturing Inc.
Under circumstances of case, employee's staring at fellow employee may constitute gender-based harassment, therefore summary judgment was improper. |
Employment Law |
|
Jan. 7, 2002 | |
|
C035887
|
Estate of Dye
In some cases, children adopted away may inherit by intestate succession from natural parents, and spouses are not kin. |
Probate and Trusts |
|
Jan. 7, 2002 | |
|
00SA229
|
Concerning the Application for Water Rights of the Consolidated Mutual Water Co. v. Consolidated Mutual Water Co.
Water Court's consumptive use allocations to company and city are final and nonreviewable. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
H019424
|
In re Marriage of Cheriton
|
|
Jan. 7, 2002 | ||
|
00-70585
|
Gilliland v. E.J. Bartells Co.
Employer is entitled to dollar-for-dollar offset of benefits payments if claimant also recovers from third-party defendant. |
Maritime Law |
|
Jan. 7, 2002 | |
|
00-35075
|
In re Schmitz (Sliney v. Battley)
Fisherman's quota certificates are not part of bankruptcy estate since regulations authorizing certificates were not passed on the day of filing. |
Bankruptcy |
|
Jan. 7, 2002 | |
|
00-10570
|
U.S. v. Echavarria-Escobar
Defendant's prior theft offense, though sentence was suspended, constitutes aggravated felony for sentence-enhancement purposes regarding subsequent crime. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
99-71405
|
Otarola v. INS
Alien satisfied seven-year residency requirement to suspend deportation. |
Immigration |
|
Jan. 7, 2002 | |
|
00SC307
|
People v. Farrell
Trial court's admission of co-defendant's confession in defendant's trial did not violate confrontation clause. |
Constitutional Law |
|
Jan. 7, 2002 | |
|
00-35280
|
Rodriquez v. Bowhead Transportation Co.
Contract between stevedore and time charterer did not create duty of care toward injured longshoreman. |
Contracts |
|
Jan. 7, 2002 |
