Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B125408
|
Louie v. Gdowski
Homeowner whose landscaping increased flood damage to neighbor is subject to more stringent standard of liability than negligence. |
Torts |
|
Jan. 4, 2001 | |
A083235
|
People v. Younger
Jury instructions that allow jury to consider prior offenses as inference that boyfriend committed murder are not harmless error. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
C033959
|
People v. Drennan
School superintendent's conviction for recording confidential communications in prinicpal's office is reversed. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
B136005
|
Malone v. Equitas Reinsurance Limited, et al.
Personal jurisdiction does not exist when foreign insurance company does not solicit business or have sufficient contacts in California. |
Civil Procedure |
|
Jan. 4, 2001 | |
G023526
|
Villa Milano Homeowners Association v. Davorge
Binding arbitration clause does not prevent homeowners from suing for construction and design defects. |
Contracts |
|
Jan. 4, 2001 | |
G023913
|
People v. Thornton
Defendant who volunteered statement about drug use was not prejudiced by admission of statement at trial. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
C031869
|
People v. Baniqued
Rooster or other birds qualify as animals for purposes of animal cruelty statutes found in Penal Code. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
G021552
|
Farnam v. State of California
Suit by city police officer bitten by CHP police dog is barred by assumption of risk doctrine. |
Torts |
|
Jan. 4, 2001 | |
A088891
|
Rogers v. Peinado
Party who agreed to resolve contractual dispute through private arbitration may not subsequently sue for malicious prosecution. |
Contracts |
|
Jan. 4, 2001 | |
B137358
|
County of Los Angeles v. Superior Court (Crystal B.)
Court errs in granting minors' application for relief from claim-filing requirements when juvenile court's appointment of independent counsel caused tort claims to accrue. |
Family Law |
|
Jan. 4, 2001 | |
A088416
|
City and County of San Francisco v. Givens
Clear and convincing evidence that alleged father didn't have access to mother rebuts presumption of paternity. |
Family Law |
|
Jan. 4, 2001 | |
S080318
|
Hi-Voltage Wire Works Inc. v. City of San Jose
City program requiring contractors to seek minority and female participation violates California Constitution. |
Constitutional Law |
|
Jan. 4, 2001 | |
A089186
|
People v. Amin
Court does not abuse discretion in ordering employee who received workers compensation to pay restitution to defrauded insurance carrier. |
Insurance |
|
Jan. 4, 2001 | |
S071258
|
Aas v. Superior Court (In re William Lyon Co.)
Construction defects that do not cause physical damage do not support claim of negligence or strict liability. |
Torts |
|
Jan. 4, 2001 | |
S068162
|
People v. Duarte
Post-arrest statements not specifically disserving to declarant's interest and lacking sufficient indica of trustworthiness do not qualify for exception to hearsay rule. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
99-17079
|
Hawaii Teamsters and Allied Workers Union, Local 996 v. United Parcel Service
Arbitrator's ruling confirming employee's discharge should be vacated for misinterpreting labor contract. |
Labor Law |
|
Jan. 3, 2001 | |
98-70565
|
Shoafera v. INS
Rape by government official due to ethnicity establishes that Amharic woman suffered past persecution. |
Immigration |
|
Jan. 3, 2001 | |
99-10342
|
U.S. v. Jimenez-Frias
Providing transportation to illegal aliens even in course of employment is sufficient to find liability. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
99-56797
|
Downs v. Los Angeles Unified School District
School principal's order that teacher remove bulletin board conveying anti-gay sentiments is not violation of teacher's free speech rights. |
Civil Rights |
|
Jan. 3, 2001 | |
98-17324
|
Howard v. Everex Systems Inc.
CEO, who acting with scienter, signs SEC filing containing misrepresentations is liable as primary violator of Security Exchange Act Section 10(b). |
Corporations |
|
Jan. 3, 2001 | |
99-15243
|
National Association for the Advancement of Psychoanalysis v. California Board of Psychology
State licensing requirement for psychologists does not violate free speech or association rights. |
Constitutional Law |
|
Jan. 3, 2001 | |
99-16550
|
Cole v. Oroville Union High School District
Students' free speech, equitable claims are moot because they have graduated, but damage claims fail because speech violated Establishment Clause. |
Constitutional Law |
|
Jan. 3, 2001 | |
99-35647
|
Shewfelt v. Alaska
Court's failure to provide accused with opportunity to be present at playback of trial testimony violates Sixth Amendment, but is harmless error. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
99-55040
|
U.S. v. Maggio
Police had probable cause to unlock car of defendant who provided inconsistent answers and failed to furnish identification. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
00-30021
|
U.S. v. Juvenile
Mandatory transfer of juvenile to adult status based on certain predicate offenses is not violation of due process and equal protection. |
Juveniles |
|
Jan. 3, 2001 | |
98-50368
|
U.S. v. Juvenile
Obtaining criminal confession of foreign juvenile prior to notifying guardian or consulate is prejudicial. |
Juveniles |
|
Jan. 3, 2001 | |
99-16844
|
Simkins v. NavadaCare
Health insurance covering chemotherapy and blood transfusions includes coverage for high-dose chemotherapy with peripheral stem cell rescue for recurrence of breast cancer. |
Insurance |
|
Jan. 3, 2001 | |
99-17063
|
Charles v. Hickman
Evidence of prior offense resulting in acquittal may be introduced if governed by a lower standard of proof than in previous trial. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
99-30329
|
U.S. v. Mondragon
Prosecutor's comments that influence court to impose harsher sentence breaches plea agreement and requires defendant to be resentenced. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
99-35204
|
Snake River Valley Electric Assn. v. Pacificorp
Idaho's Electronic Supplier Stabilization Act is not state-sponsored restraint of competition that is immune from antitrust scrutiny because it fails two-prong test. |
Antitrust |
|
Jan. 3, 2001 |