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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
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
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
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
Hammond v. Agran
Candidates for nonpartisan elective office may include their ideas or platform in their candidate's statement.
Government Jun. 28, 2001
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
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
Ramirez v. Circuit City Stores Inc.
Arbitration agreement, which prohibits employee class-action lawsuits against employer, is unconscionable.
Labor Law Jun. 28, 2001
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
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
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
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
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
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
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
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
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
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
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
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
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
People v. Russo
Order
Criminal Law and Procedure Jun. 28, 2001
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
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
Cassel v. Sullivan
Complaint to value former partner's business interest need only specify relief sought, not specific dollar amount.
Corporations Jun. 28, 2001
Randall v. Scovis
Litigation privilege doesn't apply where constitutional right to privacy outweighs policies underlying privilege.
Constitutional Law Jun. 28, 2001
Bell v. Farmers Insurance Exchange
Labor Code Section 1194 does not authorize award of interim attorney fees.
Employment Law Jun. 28, 2001
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
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
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