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Name Category Published
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
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
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
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
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
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
Thayer v. Wells Fargo Bank
Attorney who spent unreasonable amount of time on straightforward case should have fees award reduced.
Attorneys Jan. 7, 2002
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
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
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
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
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
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
Black v. Financial Freedom Senior Funding Corp.
Elderly homeowners may sue lender for deceptive marketing of reverse mortgages.
Business Law Jan. 7, 2002
Meraz v. Farmers Insurance Exchange
Jan. 7, 2002
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
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
Lovejoy v. AT&T Corp.
Jan. 7, 2002
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
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
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
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
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
In re Marriage of Cheriton
Jan. 7, 2002
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
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
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
Otarola v. INS
Alien satisfied seven-year residency requirement to suspend deportation.
Immigration Jan. 7, 2002
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
Rodriquez v. Bowhead Transportation Co.
Contract between stevedore and time charterer did not create duty of care toward injured longshoreman.
Contracts Jan. 7, 2002