Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B115342
|
Safeco Insurance Co. of America v. Robert S.
Exclusion in homeowners policy for 'illegal acts' is unambiguous and doesn't require insurer to indemnify a wrongful death action. |
Insurance |
|
Sep. 20, 2001 | |
C027848
|
Richards v. CH2M Hill Inc.
Continuing violation doctrine isn't viable when premised on series of discrete, discriminatory acts that were apparent before limitations period commenced. |
Employment Law |
|
Sep. 20, 2001 | |
G022732
|
People v. Cervantes
Provocative act doctrine only requires the murder to be the proximate cause of death and natural and probable consequence of defendant's actions. |
Criminal Law and Procedure |
|
Sep. 20, 2001 | |
S088116
|
Lugtu v. California Highway Patrol
Law enforcement officers have legal duty to use reasonable care for safety of persons stopped for traffic violations. |
Torts |
|
Sep. 20, 2001 | |
S078199
|
Safeco Insurance Company of America v. Robert S.
Illegal-act exclusion, which can't be given meaning, is rejected as invalid and wrongful death action is within coverage of homeowners' policy. |
Insurance |
|
Sep. 20, 2001 | |
25138-8-II
|
State v. Hoggatt
Defendant's cohabitant's voluntary consent justified officer's warrantless entry into living room. |
Criminal Law and Procedure |
|
Sep. 20, 2001 | |
70199-7
|
State v. Neal
Laboratory drug report that fails to identify person from whom substance was received cannot be admitted as evidence. |
Criminal Law and Procedure |
|
Sep. 20, 2001 | |
70452-0
|
State v. Lansden
Search warrant issued to code inspector invalid for purpose of searching for evidence of crime. |
Criminal Law and Procedure |
|
Sep. 20, 2001 | |
70356-6
|
City of University Place v. McGuire
Diminishing Asset Doctrine and valid non-conforming use will permit mining operation despite zoning restriction. |
Real Property |
|
Sep. 20, 2001 | |
69770-1
|
In re the Recall of Lakewood City Council Members
City council's meeting with city attorney was protected by attorney/client privilege and did not violate Open Public Meetings Act. |
Government |
|
Sep. 20, 2001 | |
25878-1-II
|
State v. Tili
Court properly imposed special sentence against defendant guilty of multiple penetrations during rape instead of sentence of three separate counts of rape. |
Criminal Law and Procedure |
|
Sep. 20, 2001 | |
70324-8
|
Lakeview Blvd. Condominium Assn. v. Apartment Sales Corp.
Statute insulating building contractors from lawsuit for weather damage to condominium is constitutional. |
Torts |
|
Sep. 20, 2001 | |
43703-8
|
Personal Restraint Petition of Vazquez
Second personal restraint petition must be introduced on different grounds than original petition and must be brought for good cause. |
Criminal Law and Procedure |
|
Sep. 20, 2001 | |
46254-7-I
|
State v. Cho
Defendant may be entitled to new trial based on juror misconduct when juror failed to disclose material fact during voir dire. |
Criminal Law and Procedure |
|
Sep. 20, 2001 | |
B151210
|
Reed v. Superior Court (Case Financial Inc.)
Motion to disqualify attorney that is still pending does not automatically require stay of all trial matters. |
Civil Procedure |
|
Sep. 20, 2001 | |
C030492
|
People v. Cook
|
|
Sep. 20, 2001 | ||
S097280
|
In re Williams Kirkpatrick
Order |
|
Sep. 20, 2001 | ||
S075679
|
In re Kirkpatrick on Habeas Corpus
Order |
|
Sep. 20, 2001 | ||
C025458
|
People v. Williams
Use of former assault jury instruction is reversible error due to incorrect requirement for mental state element. |
Criminal Law and Procedure |
|
Sep. 19, 2001 | |
G026981
|
Renee J., a Minor
Denial of reunification services an error when there is no evidence that mother's long-standing drug problems impaired her ability to parent. |
Juveniles |
|
Sep. 19, 2001 | |
S091117
|
Utility Cost Management v. Indian Wells Valley Water District
Claim for refund of excessive fees charged by utility company is not barred by the statute of limitations under Government Code Section 66022. |
Civil Procedure |
|
Sep. 19, 2001 | |
S090666
|
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial. |
Criminal Law and Procedure |
|
Sep. 19, 2001 | |
S091888
|
Ortega v. K Mart Corp.
Merchant's shoddy inspection practices can infer that substance on floor has been there long enough that reasonable inspection would have led to its discovery. |
Torts |
|
Sep. 19, 2001 | |
00-1424
|
Chubb & Son Inc. v. Clark (In re. Clark)
Court errs in holding creditors' exemption motion untimely when, among other things, trustee announces continued meeting date within reasonable time. |
Bankruptcy |
|
Sep. 18, 2001 | |
98-55657
|
Cramer v. Consolidated Freightways Inc.
Because employees' privacy claims against employer are not covered by collective bargaining agreement, claims are not pre-empted by Labor Relations Management Act. |
Labor Law |
|
Sep. 18, 2001 | |
99-16797
|
Sommatino v. United States
District court doesn't have jurisdiction to consider Title VII claim when employee fails to file EEOC administrative complaint first. |
Civil Procedure |
|
Sep. 18, 2001 | |
99-10002
|
U.S. v. Antonakeas
Defendant who fled country prior to sentencing has no grounds to challenge extradition. |
Criminal Law and Procedure |
|
Sep. 18, 2001 | |
00-30232
|
U.S. v. Pirello
Two level sentence enhancement was warranted against defendant who used mass-marketing on Internet to commit wire fraud. |
Criminal Law and Procedure |
|
Sep. 18, 2001 | |
99-70747
|
High Country Resources and Glacier Energy Company v. Federal Energy Regulatory Commission
Court lacked jurisdiction over statutory interpretation issue relating to license for hydroelectric project because petitioner failed to raise issue in administrative proceedings. |
Administrative Agencies |
|
Sep. 18, 2001 | |
99-16828
|
Zimmerman v. City of Oakland
Defendants violated plaintiff's 14th Amendment rights when they ordered several vehicles removed from plaintiff's property without first making factual determinations. |
Constitutional Law |
|
Sep. 18, 2001 |