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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
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
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
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
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
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
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
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
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
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
Ketchum v. Moses
Court improperly calculated statutory attorney fees for attorney defending against strategic lawsuit against public participation.
Attorneys Aug. 14, 2001
Currie v. WCAB
Workers' compensation board must include prejudgment interest in award of back wages to wrongfully terminated employee.
Employment Law Aug. 14, 2001
In re Lesansky
Summary disbarment is authorized and warranted where attorney is convicted of felony for attempting to molest child.
Attorneys Aug. 14, 2001
In re Paguirigan
Summary disbarment is ordered where attorney has felony conviction for forgery.
Attorneys Aug. 14, 2001
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
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
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
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
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
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
Barbee v. Calbone
Order
Aug. 14, 2001
Kennedy v. Wal-Mart Stores
Order
Aug. 14, 2001
Whitney v. Andraschko
Order
Aug. 14, 2001
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
Merrill v. Navegar Inc.
Order
Aug. 13, 2001
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
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
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
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
Dudley v. Dept. of Transportation
Former Caltrans employee can amend complaint to state claim for retaliatory discharge.
Employment Law Aug. 13, 2001