Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F033129
|
Santa Barbara Pistachio Ranch v. Chowchilla Water District
Evidence of lost profits from diseased pistachio trees should not have been automatically excluded from calculation of damages. |
Torts |
|
Jun. 28, 2001 | |
G024572
|
In re Marriage of Shaban
Parol evidence may not be used to satisfy the statute of frauds in prenuptial agreements. |
Family Law |
|
Jun. 28, 2001 | |
00-35121
|
John v. United States
The 9th U.S. Circuit Court of Appeals sitting en banc upholds judgment of federal district court. |
Civil Procedure |
|
Jun. 28, 2001 | |
C030439
|
FNB Mortgage Corp. v. Pacific General Group
Action arising from alleged construction defects is barred by statute of limitations, despite tolling agreement between the parties. |
Torts |
|
Jun. 28, 2001 | |
G024266
|
Hammond v. Agran
Candidates for nonpartisan elective office may include their ideas or platform in their candidate's statement. |
Government |
|
Jun. 28, 2001 | |
A082782
|
People v. Stanfill
Wrong jury instruction on statute of limitation for lesser, misdemeanor offense violates defendant's right to due process and fair trial. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
H017023
|
People v. Williams
Trial court's failure to commence trial prior to statutory deadline doesn't preclude court from retaining jurisdiction of case. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
A085701
|
Ramirez v. Circuit City Stores Inc.
Arbitration agreement, which prohibits employee class-action lawsuits against employer, is unconscionable. |
Labor Law |
|
Jun. 28, 2001 | |
A083194
|
People v. Watts
Prosecution of two individuals for same crime is allowed when probable cause exists to support charges against each. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
H019268
|
Nicole M. v. Sears, Roebuck & Co.
Store does not have affirmative duty to prevent wrongful acts of another party if act cannot be reasonably anticipated. |
Torts |
|
Jun. 28, 2001 | |
E022305
|
People v. Hove
Order to pay victim full restitution for criminal conduct, even though victim's medical expenses are covered by medical benefits, is proper. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
E020452
|
McGill v. M.J. Brock & Sons Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes. |
Torts |
|
Jun. 28, 2001 | |
B119255
|
Osborne v. Brenner
Photocopies of testator's handwritten property dispositions in holographic will satisfy statutory requirement that material provisions be in the handwriting of the testator. |
Probate and Trusts |
|
Jun. 28, 2001 | |
F030195
|
Doran v. Magan
Order denying motion for entry of judgment and satisfaction is not final order which may be appealed. |
Civil Procedure |
|
Jun. 28, 2001 | |
A084321
|
People v. Ryan
Father, convicted of child abduction, is not prejudiced by court's failure to define 'abandonment' and 'right of custody' for jury. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
F030933
|
Giuffre v. Sparks (Kern County Sheriff's Dept.)
Meeting with sheriff doesn't satisfy provision that punishable actions against peace officers require administrative hearing. |
Government |
|
Jun. 28, 2001 | |
D030958
|
People v. Davis
Defendant properly sentenced to three concurrent terms of 25 years to life under three strikes legislation based on two prior convictions of rape in consort. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
B122454
|
People v. Dacayana
Sexually Violent Predators Act doesn't require finding that offense is predatory, and Act's certification process doesn't require advisement of Miranda rights. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
G023144
|
People v. Castellon
Vehicle stop for expired tag and subsequent request for detainee to remain in vehicle without reasonable suspicion isn't prolonged nor unreasonable detention. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
E023094
|
Estate of Mitchell
Under a marriage dissolution restraining order, a spouse's severance of joint tenancy is not considered a transfer or disposition of property. |
Probate and Trusts |
|
Jun. 28, 2001 | |
H019552
|
People v. American Contractors Indemnity Co.
Failure to enter warrant into warrant system, and subsequent amendment of statute, justifies vacating bail forfeiture and exonerating bond. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
S088368
|
People v. Russo
Order |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
B129139
|
Friends of Sierra Madre v. City of Sierra Madre
Placing a resolution on a ballot is within the California Environmental Quality Act's definition of a 'project.' |
Environmental Law |
|
Jun. 28, 2001 | |
B128574
|
Gentner and Company Inc. v. Wells Fargo Bank
Bank can't refuse to pay cashier's check where bank accepts endorsed check with stop payment, and issues cashier's check to payee in same amount. |
Banking |
|
Jun. 28, 2001 | |
A085955
|
Cassel v. Sullivan
Complaint to value former partner's business interest need only specify relief sought, not specific dollar amount. |
Corporations |
|
Jun. 28, 2001 | |
D036508
|
Randall v. Scovis
Litigation privilege doesn't apply where constitutional right to privacy outweighs policies underlying privilege. |
Constitutional Law |
|
Jun. 28, 2001 | |
A091134
|
Bell v. Farmers Insurance Exchange
Labor Code Section 1194 does not authorize award of interim attorney fees. |
Employment Law |
|
Jun. 28, 2001 | |
B135467
|
Carlson v. Blatt
Malpractice action is barred by statute of limitations where appellant with adequate time and opportunity failed to file complaint within statutory period. |
Attorneys |
|
Jun. 28, 2001 | |
B141232
|
Modern Paint and Body Supply Inc. v. State Board of Equalization
Auto paint and body supplier incurs sales tax liability for supplies sold to auto paint and body shops. |
Taxation |
|
Jun. 28, 2001 | |
F032185
|
People v. Westlund
Conviction for possession of silencer requires that defendant knew or should have known that characteristic of firearm was illegal. |
Criminal Law and Procedure |
|
Jun. 28, 2001 |