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Bennett v. Yoshina
'Catalyst theory' not permissible basis to award attorney fees under law rejecting constitutional convention.
Attorneys Aug. 12, 2001
People v. Garcia
Prior and subsequent acts of domestic violence sufficiently corroborate spousal rape charge reported more than one year after incident.
Criminal Law and Procedure Aug. 10, 2001
In re Ramirez
Superior court is proper court in which to file habeas petition arising out of misdemeanor case.
Criminal Law and Procedure Aug. 10, 2001
Craddock v. Kmart Corp.
Instruction that allows jury to consider that store's customers may be absorbed in shopping doesn't increase owner's duty of reasonable care.
Torts Aug. 10, 2001
People v. Superior Court (Almaraz)
Failure to provide certified interpreter does not violate state constitution if interpreter provided is competent.
Criminal Law and Procedure Aug. 10, 2001
Petricka v. Dept. of Motor Vehicles
When DMV satisfies prima facie case for DUI, burden shifts to licensee to show that blood test was not properly performed.
Administrative Agencies Aug. 10, 2001
Bahl v. Bank of America
Aug. 10, 2001
People v. Quintana
Evidence of penetration of external genitalia supports conviction for forcible penetration with a foreign object.
Criminal Law and Procedure Aug. 10, 2001
People v. Cunningham
California Supreme Court affirms death penalty for defendant found guilty of first-degree murder of robbery victim.
Criminal Law and Procedure Aug. 10, 2001
Service Employees International Union v. Superior Court (Orange County Employees Assoc. Inc.)
Rule change making it more difficult to decertify labor union is unreasonable.
Labor Law Aug. 10, 2001
City of San Diego v. WCAB
Police officer whose duties include testifying in court is not on special mission while commuting to court.
Workers' Compensation Aug. 10, 2001
People v. Byrd
Defendant's sentence did not result in cruel and unusual punishment even though impossible to serve out sentence during his lifetime.
Criminal Law and Procedure Aug. 10, 2001
People v. Corona
Exclusion of incriminating statements isn't appropriate remedy for officer's failure to advise defendant of her right's under international treaty.
Criminal Law and Procedure Aug. 10, 2001
Neal v. Superior Court (Neal)
Family law dispute should not have been filed in civil court.
Civil Procedure Aug. 10, 2001
Guardians of Elk Creek Old Growth v. California Dept. of Forestry and Fire Protection
Petitioner has 90 days from date of filing to request hearing unless court fails to notify parties of change in venue.
Civil Procedure Aug. 10, 2001
Price v. Superior Court (People)
Statute permitting trial in any county where one of several offenses occurred and where defendant and victim are same is constitutional.
Criminal Law and Procedure Aug. 10, 2001
Marriage of Rossi
Wife who fails to disclose lottery winnings prior to separation must give entire award to husband.
Family Law Aug. 10, 2001
Wyckoff v. State
State protected from liablity by design immunity for death of three people caused when driver crashed through center median on highway.
Torts Aug. 10, 2001
Great Western Bank v. Kong
Assignment of joint and several debt to one of the co-obligors extinguishes that debt.
Bankruptcy Aug. 10, 2001
People v. McCoy
Aider and abettor may be guilty of greater homicide-related offenses than actual perpetrator committed.
Criminal Law and Procedure Aug. 10, 2001
People v. Simon
Defendant accused of felony must bring improper venue objection before trial begins or else forfeit his right to such objection.
Criminal Law and Procedure Aug. 10, 2001
Marriage of Smith
When determining child support orders, earning capacity of incarcerated parent depends on ability and opportunity to work.
Family Law Aug. 10, 2001
Harrott v. County of Kings
Trial court may not classify firearm as series assault weapon unless it has been identified in list published by Attorney General.
Criminal Law and Procedure Aug. 10, 2001
People v. Russo
Jury need not agree on specific overt act for conspiracy so long as jurors unanimously find that some overt act occurred.
Criminal Law and Procedure Aug. 10, 2001
City of Pomona v. Superior Court (James Jones Co.)
Aug. 10, 2001
Coscia v. McKenna & Cuneo
Exoneration by postconviction relief is prerequisite to recovery for legal malpractice arising out of criminal proceeding.
Attorneys Aug. 10, 2001
In re Ramirez
Aug. 10, 2001
Craddock v. K Mart Corp.
Aug. 10, 2001
People v. Vasquez
Vacated child sexual abuse conviction from Texas may be considered for civil commitment purposes under Sexually Violent Predator Act.
Criminal Law and Procedure Aug. 10, 2001
People v. Masloski
Plea agreement may provide for increased sentence in event defendant fails to appear for sentencing.
Criminal Law and Procedure Aug. 10, 2001