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Name Category Published
Bonta v. Baker
Trustee's service of notice rejecting creditor claim, and not filing date, commences 90-day limitations period to file suit to enforce claim.
Probate and Trusts Nov. 1, 2000
People v. Thomas
Order
Nov. 1, 2000
People v. Aguayo
Order
Nov. 1, 2000
Walt Rankin & Associates, Inc. v. City of Murrieta
City breached mandatory duty when, prior to approving payment bond, it did not determine that surety was admitted surety insurer.
Government Oct. 31, 2000
American Assn. of Naturopathic Physicians v. Hayhurst
Party who raises only one defense in motion to vacate default judgment waives all other defenses.
Civil Procedure Oct. 31, 2000
Cunningham v. Gates
Federal court lacks jurisdiction to review order denying summary judgment when district court finds dispute on issue of police use of excessive force exists.
Civil Rights Oct. 30, 2000
Raquel v. Education Management Corp.
Order
Oct. 29, 2000
Curry v. United States
Order
Oct. 29, 2000
Jackson v. United States
Order
Oct. 29, 2000
Magana-Pizano v. INS
Neither Antiterrorism Effective Death Penalty Act nor Illegal Immigration Reform and Immigrant Responsibility Act repeals habeas corpus relief pursuant to 28 U.S.C. Section 2241.
Immigration Oct. 26, 2000
Magana-Pizano v. INS
Alien subject to deportation after drug conviction isn't eligible for discretionary waiver but may seek habeas relief.
Immigration Oct. 26, 2000
Joseph G., a Minor
Failure to establish paternity or become party to original action bars alleged father from appealing termination of parental rights.
Family Law Oct. 26, 2000
Atascadero Factory Outlets Inc. v. Augustini & Wheeler LLP
Firm that performed services under contingency agreement may not disrupt priority of secured creditors who benefited from services.
Business Law Oct. 26, 2000
Coast Plaza Doctors Hospital v. Blue Cross of California
Hospital must submit to arbitration with insurance company as required by service agreement even though dispute involves tort claims.
Contracts Oct. 26, 2000
Daijah T., a Minor
Allegation of 'changed circumstances' in parent's petition challenging denial of reunification services is not limited to changed circumstances of children in custody.
Family Law Oct. 26, 2000
Golden Day Schools Inc. v. State Dept. of Education
Decision not to renew government contract implicates right to fair hearing before impartial tribunal.
Government Oct. 26, 2000
People v. Kothari
Injunction against motel prohibiting prostitution and drug activity does not apply to property's subsequent purchasers.
Real Property Oct. 26, 2000
Black v. Dept. of Mental Health
Mental health patient's transfer to facility ill-equipped to handle his needs doesn't violate Unruh Civil Rights Act where placement is based on availability.
Civil Rights Oct. 26, 2000
Jullian B., a Minor
Court errs in finding 'good cause' to reject preferences set forth in Indian Child Welfare Act in placing Native American child in adoptive home.
Family Law Oct. 26, 2000
People v. Scott
Retrial on forcible sex offense not barred by principles of double jeopardy.
Criminal Law and Procedure Oct. 26, 2000
People v. England
If proper measures are taken to ensure fairness of judicial proceedings, trial may be conducted in courtroom on grounds of state prison facility.
Criminal Law and Procedure Oct. 26, 2000
Salazar v. Superior Court (In re People)
Criminal defendant may challenge sufficiency of evidence for penalty enhancements during preliminary hearing.
Criminal Law and Procedure Oct. 26, 2000
Nakamura v. Superior Court (In re Orona)
Uninsured motorist may not recover noneconomic damages but may recover punitive damages stemming from car accident.
Torts Oct. 26, 2000
Carlsbad Aquafarm, Inc. v. Department of Health Services
Interstate shellfish seller has no right to recover monetary damages for due process violation under California Constitution.
Constitutional Law Oct. 26, 2000
Jans v. Nelson
Partner who guaranteed business debt is entitled to contribution equal to amount that he paid in excess of his fair share.
Corporations Oct. 26, 2000
People v. Wood
Hit and run accident doesn't become 'serious felony' just because victim's injuries are serious.
Criminal Law and Procedure Oct. 26, 2000
Cruz v. Homebase
Corporation is not liable for punitive damages when store supervisor, not managing agent, has actual knowledge of employee's malicious misconduct.
Torts Oct. 26, 2000
DeZerega v. Meggs
Landlord who originally agrees to occupancy of premises by subtenant unnamed on lease agreement can't evict him when named lessee vacates premises without cause.
Real Property Oct. 26, 2000
Ashdown v. Ameron International Corp.
Suit for asbestos related disease is barred when exposure is discovered after enactment of statute limiting tort recovery.
Employment Law Oct. 26, 2000
Holmes v. Jones
Text estimating fiscal impact of proposed measure should not be counted as part of Elections Code's 100 word limit.
Government Oct. 26, 2000