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Ferreira v. Gray, Cary, Ware & Freidenrich
Where case is concluded by settlement after trial, there is no favorable termination for purposes of pursuing malicious prosecution action.
Torts Jul. 2, 2001
Van Schoick v. Saddleback Valley Unified School District
Court goes beyond role on summary judgment when triable issues of material fact exist concerning whether school clubs are curriculum related.
Education Jul. 2, 2001
Congress of California Seniors v. Catholic Healthcare West
Federal law preempts California's regulation of Medicare reimbursement to healthcare providers.
Labor Law Jul. 2, 2001
American Cemwood Corp. v. American Home Assurance Co.
Defendant seeking to remove case to more convenient forum must show that all defendants may be served in alternate forum.
Civil Procedure Jul. 2, 2001
People v. Health Laboratories of North America Inc.
Statute that prohibits lawsuits intended to chill free speech does not cover enforcement activities of district attorney.
Government Jul. 2, 2001
Bibb v. Bibb
Automobile not validly transmuted should have been included in probate estate as husband's separate property.
Probate and Trusts Jul. 2, 2001
Remsen v. Lavacot
Trustees of trust created before July 1, 1989 is not required to pay interest on cash gift.
Probate and Trusts Jul. 2, 2001
Ajida Technologies Inc. v. Roos Instruments Inc.
Parties' duty to arbitrate arising from joint agreement survives termination of the agreement.
Civil Procedure Jul. 2, 2001
People v. McGinnis
Defendant who committed crimes to fund drug addiction is entitled to evaluation for rehabilitation program.
Criminal Law and Procedure Jul. 2, 2001
Pichly v. Nortech Waste LLC
Employment contract containing binding arbitration clause isn't unconscionable because employee is not in weaker position.
Civil Procedure Jul. 2, 2001
In re Resendiz
Incorrect advice from attorney relating to consequences of guilty plea on immigration status is not ineffective assistance of counsel.
Criminal Law and Procedure Jul. 2, 2001
Preston v. State Board of Equalization
Artist must pay sales taxes for illustrations she sold to book publisher but not for accompanying copyrights.
Taxation Jul. 2, 2001
Bunney v. Mitchell
Order
Jul. 2, 2001
Estate of Simplot
Premium should not be applied to minority voting stock of decedent's company when determining estate tax deficiency.
Taxation Jul. 2, 2001
U.S. v. Sherburne
Awarding attorney fees to defendant for wrongful criminal prosecution must not involve second-guessing reasonableness of government's tactical decisions.
Criminal Law and Procedure Jul. 2, 2001
Montero-Martinez v. Ashcroft
Order
Jul. 2, 2001
Coscia v. McKenna & Cuneo
Standing conviction on guilty plea doesn't collaterally estop plaintiff in malpractice action from alleging and proving actual innocence.
Attorneys Jul. 1, 2001
People v. Palmer
Defendant convicted of continuous sexual abuse is not eligible for sentence under 'one strike' law.
Criminal Law and Procedure Jul. 1, 2001
Gulf Insurance Co. v. TIG Insurance Co.
Implied covenant of good faith and fair dealing is owed only to those who are entitled to benefits under insurance policy.
Insurance Jul. 1, 2001
City of San Diego v. Dunkl
SLAPP motion is moot once opposing party prevails on legal questions presented for resolution.
Civil Procedure Jul. 1, 2001
McCormick v. Travelers Insurance Co.
Insurance policyholder's lawsuit over denial of flood coverage must be brought in federal court.
Insurance Jul. 1, 2001
Rademan v. Superior Court (Joseph)
Trial court may review records of psychotherapist's patients to determine if crime/tort exception to psychotherapist-patient privilege is applicable.
Criminal Law and Procedure Jul. 1, 2001
Echevarrieta v. City of Rancho Palos Verdes
City ordinance that regulates foliage heights doesn't constitute governmental taking without just compensation.
Real Property Jul. 1, 2001
The Nippon Credit Bank Ltd., Los Angeles Agency v. 1333 North California Boulevard
Bad faith waste cause of action includes situations where defendant has failed to pay property taxes.
Taxation Jul. 1, 2001
People v. Luera
Child pornography is admissible despite anonymity of informant and apparently inconsistent accounts by police officer.
Criminal Law and Procedure Jul. 1, 2001
People v. McPherson
Imposing consecutive sentences is proper where defendant commits two separate crimes: aiding and abetting rape and rape.
Criminal Law and Procedure Jul. 1, 2001
Hermosa Beach Stop Oil Coalition v. City (Windward Associates)
Applying proposition banning oil drilling to preexisting project is valid exercise of City's police power and is not unconstitutional impairment of contract.
Constitutional Law Jul. 1, 2001
Rufo v. Simpson
Trial court didn't' err in admitting and excluding evidence, and damage awards aren't excessive in civil actions against O.J. Simpson.
Civil Procedure Jul. 1, 2001
Marriage of Scheppers
Life insurance proceeds are not included in calculation of child support obligations.
Family Law Jul. 1, 2001
Slayton v. Slayton
Court may consider testimony of mediator in child custody case as evidence to establish that one parent is guilty of neglect.
Family Law Jul. 1, 2001