Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B143841
|
Hightower v. Superior Court (O'Dowd)
Arbitrator's 'partial final award' is proper when impliedly authorized by parties agreement and consistent with broad authority granted arbitrator by applicable rules. |
Civil Procedure |
|
Aug. 14, 2001 | |
A088941
|
Holland v. Morse Diesel International Inc.
Unlicensed subcontractor is not precluded by Business and Professions Code from bringing civil rights action under federal statute. |
Contracts |
|
Aug. 14, 2001 | |
B137494
|
People v. Gonzales
Conviction for first-degree murder arising from fist fight does not require that defendants knew gun would be used. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
B137139
|
Lee Newman, M.D. Inc. v. Wells Fargo Bank
California Uniform Commercial Code precludes common law negligence claim against bank; however factual allegations are enough to establish claim under the Code. |
Torts |
|
Aug. 14, 2001 | |
D034571
|
In re Azurin
Habeas corpus petitioner must be in actual or constructive custody at time petition is filed. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
E027310
|
People v. Amwest Insurance Co.
Bail bond forfeiture is not exonerated in one case because of bond posted on same defendant in a second case. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
H020900
|
Save Our Peninsula Committee v. Monterey County Board of Supervisors (September Ranch Partners)
Board of Supervisors certification of environmental impact report not supported by evidence is abuse of discretion. |
Environmental Law |
|
Aug. 14, 2001 | |
B137930
|
People v. Crowe
Jury instruction containing language that voluntary manslaughter required intent to kill does not prejudice defendant. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
C032746
|
Waremart Foods v. United Food and Commercial Workers Local 588
No preliminary injunction for purpose of preventing picketing outside store without proof of unwillingness of public officers to protect store's property. |
Labor Law |
|
Aug. 14, 2001 | |
H020636
|
People v. Alvarado
Rape occurred during course of burglary even though defendant finished entering residence and obtained victim's property. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
S077350
|
Ketchum v. Moses
Court improperly calculated statutory attorney fees for attorney defending against strategic lawsuit against public participation. |
Attorneys |
|
Aug. 14, 2001 | |
S085652
|
Currie v. WCAB
Workers' compensation board must include prejudgment interest in award of back wages to wrongfully terminated employee. |
Employment Law |
|
Aug. 14, 2001 | |
S079499
|
In re Lesansky
Summary disbarment is authorized and warranted where attorney is convicted of felony for attempting to molest child. |
Attorneys |
|
Aug. 14, 2001 | |
S076968
|
In re Paguirigan
Summary disbarment is ordered where attorney has felony conviction for forgery. |
Attorneys |
|
Aug. 14, 2001 | |
99SC877
|
Mason v. People
Defendant may not withdraw guilty plea after sentencing because newly discovered evidence not likely to result in acquittal. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
99SC401
|
People v. Schneider
Court sets forth new standard to be applied when defendant seeks to withdraw guilty plea based on newly discovered evidence. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
00SA283
|
In re Weisbard
Attorney suspension affirmed because presiding disciplinary judge's conclusion that attorney's mental state wasn't significant factor in causing default was supported by evidence. |
Attorneys |
|
Aug. 14, 2001 | |
98SC816
|
People v. Melillo
Trial court didn't abuse its discretion in excluding defendant's statement referencing rape victim's prior sexual abuse under Colorado's rape shield statute. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
99SC865
|
Sunny Acres Villa Inc. v. Cooper
Doctrine of collateral estoppel doesn't apply where issues involving temporary disability claim were previously litigated and again raised in permanent disability claim. |
Workers' Compensation |
|
Aug. 14, 2001 | |
99SC811
|
In re Marriage of Balanson
Court determines appropriate treatment of unexercised stock options, future interests in family trusts, and interspousal gifts in marital dissolution case. |
Family Law |
|
Aug. 14, 2001 | |
00-7104
|
Barbee v. Calbone
Order |
|
Aug. 14, 2001 | ||
00-7120
|
Kennedy v. Wal-Mart Stores
Order |
|
Aug. 14, 2001 | ||
01-3016
|
Whitney v. Andraschko
Order |
|
Aug. 14, 2001 | ||
01-0097
|
Wozniak v. Galati (In re State of Arizona)
Results of drug screen test admissible despite lack of second analysis to confirm result. |
Criminal Law and Procedure |
|
Aug. 14, 2001 | |
S083466
|
Merrill v. Navegar Inc.
Order |
|
Aug. 13, 2001 | ||
B149818
|
Goodwin v. Superior Court (Los Angeles County Sheriff's Dept.)
Court has no authority to compel person who is not in custody to appear for pre-indictment criminal lineup. |
Criminal Law and Procedure |
|
Aug. 13, 2001 | |
C029439
|
Conservatorship of Wendland
Conservator's decision to withhold life-sustaining medical treatment must be based upon medical advice and conservatee's prior wishes and best interests. |
Probate and Trusts |
|
Aug. 13, 2001 | |
B145083
|
Estate of Wright
Assignment of interest to heir hunter is valid, but signing power of attorney over to hunter's lawyer is against public policy. |
Probate and Trusts |
|
Aug. 13, 2001 | |
B133453
|
Dana Commercial Credit Corp. v. Ferns & Ferns
Court of Appeal has inherent power to impose sanctions for filing frivolous motions on appeal. |
Civil Procedure |
|
Aug. 13, 2001 | |
C036154
|
Dudley v. Dept. of Transportation
Former Caltrans employee can amend complaint to state claim for retaliatory discharge. |
Employment Law |
|
Aug. 13, 2001 |