Recent Postings

People v. Yuksel.  Court properly excluded expert's testimony as to hearsay that formed the basis for his opinion.  "I Swear, I've Never Done This Before."  Posted Aug. 5, 2012.

People v. Wright.  Review has been granted in case finding that a peremptory challenge may not be exercised to remove a female prospective juror in order to obtain a more gender-balanced jury.  "Review Granted in People v. Wright."  Posted July 22, 2012.

Coito v. Superior Court.  Witness statements obtained by an attorney's investigator are protected by the work product privilege, and the identity of witnesses from whom an attorney has taken statements may be entitled to protection depending on the circumstances.  "It's My Work and You Can't Have It."  Posted July 8, 2012.

Tarle v. Kaiser Foundation Health Plan, Inc.  Upon rehearing, Court refiles original opinion finding forfeiture of claim of error on appeal from failure to oppose objections to evidence submitted on a summary judgment motion, and orders opinion not be published.  "Court 'Unpublishes' Summary Judgment Case."  Posted July 2, 2012. 

People v. Mehserle.  Evidence that the defendant police officer's department changed their taser policy after defendant shot and killed the victim, allegedly thinking that he was using his taser, was properly excluded at trial.  "Better Late Than Never."  Posted June 27, 2012.

Oliveira v. Kiesler.  Judgment against defendants was properly reduced to zero after reduction for amount of settlement with other defendants who committed different torts but who were responsible for the same compensatory damages.  "The High Cost of Settlement."  Posted June 24, 2012.

Juror Number One v. Superior Court.  Court may compel a juror to turn over posts made to the juror's Facebook account during the trial.  "Juror Doesn't 'Like' Court's Order."  Posted June 20, 2012.

Tarle v. Kaiser Foundation Health Plan, Inc.  A party who fails to oppose objections made to evidence submitted on a summary judgment motion forfeits any claim on appeal that the court erred in sustaining the objections.  "I Object to Those Objections."  Posted June 17, 2012.

Red Light Camera Cases.  The California Supreme Court has granted review of two cases with opposing views on authentication of red light camera photographs.  "Review Granted in Red Light Cases."  Posted June 11, 2012.

Farag v. ArvinMeritor, Inc.  Defendant's statutory offer to compromise the claims of a husband and wife need not be allocated between them and may be accepted by either spouse.  "But I Think We Should Take It!"  Posted May 28, 2012.

Bankhead v. ArvinMeritor, Inc.  Award of $4.5 million in punitive damages was not excessive, despite the fact that the defendant had a negative net worth.  "For What It's Worth."  Posted May 21, 2012.

In re Marriage of Wahl and Perkins.  The California Supreme Court denies review, but orders the opinion depublished.  "Family Law Sanctions Case Depublished."  Posted May 17, 2012.

People v. Wright.  Counsel may not challenge a female juror in an effort to obtain a more gender-balanced jury.  "A Question of Balance."  Posted May 13, 2012.

People v. Mata.  Review has been granted in case prohibiting remedy short of dismissing entire jury venire for Wheeler violation when defendant does not consent.  "Review Granted in Wheeler 'Alternate Remedy' Case."  Posted May 9, 2012.

Grey v. American Management Services.  Parol evidence rule prohibits introduction of extrinsic evidence to vary or contradict an integrated written agreement.  "Cleaning the Slate."  Posted May 6, 2012.

Colony Bancorp of Malibu, Inc. v. Patel.  Court could continue trial without the presence of defense counsel when counsel did not appear on time after the noon recess.  "But It Took Forever to Get the Check."  Posted May 2, 2012.

Walker v. Ticor Title Company of California.  Court may not consider the financial condition of the losing party when awarding contractual attorney's fees.  "This May Hurt a Little Bit."  Posted Apr. 29, 2012.

Bates v. Presbyterian Intercommunity Hospital, Inc.  Court may award defendant all expert witness fees when plaintiff fails to obtain a result better than defendant's statutory offer to compromise, even where plaintiff sues pursuant to statute with a unilateral fees and costs provision.  "Here's the Bill From My Experts."  Posted Apr. 25, 2012.

Steed v. Department of Consumer Affairs.  Court may take judicial notice of the existence of factual findings in another proceeding, but not of the truth of those findings.  "That Don't Prove Nothin'."  Posted Apr. 22, 2012.

People v. Clancey.  The California Supreme Court grants review of case finding court engaged in improper plea bargaining by indicating a sentence to be imposed only if defendant pleads guilty.  "Review Granted in Plea Bargain Case."  Posted Apr. 18, 2012.

Garcia v. ConMed Corporation.  Defense counsel's improper statements in closing argument were not such "bombshell revelations" as to require a new trial, especially given the trial court's instruction to the jury to ignore them.  "Not Quite the Bomb."  Posted Apr. 15, 2012.

People v. Archuleta.  The Supreme Court grants review of case offering guidelines for admission of hearsay relied upon by expert witnesses.  "Review Granted in People v. Archuleta."  Posted Apr. 11, 2012.

In re Marriage of Falcone.  Trial court is not required to issue a statement of decision when the request is a list of demands for evidentiary findings, and no proposals are made for such findings.  "Tell Me What You Want,"  Posted Apr. 8, 2012.

Red Light Camera Cases.  Two panels of the same Court of Appeal go opposite ways on admissibility of photographic evidence of a red light violation.  "Are Humans Really Necessary?"  Posted Apr. 2, 2012.

People v. Goldsmith.  Testimony as to how red light cameras work generally is sufficient to admit photos taken by the equipment, without a need to show the camera was operating properly.  "Humans and Machines Are Now Tied."  Posted Mar. 28, 2012.

People v. Borzakian.  Red light camera evidence was inadmissible due to failure to show that the equipment was operating properly.  "Humans 1, Machines 0."  Posted Mar. 25, 2012.

Thurman v. Bayshore Transit Management, Inc.  The trial court may not consider evidence admitted at trial that is contrary to an admission made in a pleading.  "You Said It."  Posted Mar. 21, 2012. 

People v. Mata.  When the court determines a party has exercised a peremptory challenge on the basis of group bias, the complaining party must consent to any remedy short of dismissing the jury venire.  "Next Time, Ask For Permission."  Posted Mar. 18, 2012.

SCI California Funeral Services, Inc. v. Five Bridges Foundation.  Plaintiff may recover attorney's fees as authorized by contract if its recovery at trial exceeds its pretrial settlement offer, even if it does not prevail on the contract.  "And the Winner Is ..."  Posted Mar. 14, 2012.

Duronslet v. Kamps.  The physician-patient privilege does not protect statements made to a nurse.  "Is There a Doctor in the House?"  Posted Mar. 11, 2012.

In re Marriage of Wahl and Perkins.  Court did not abuse its discretion in awarding $552,153.28 in sanctions for actions undertaken to frustrate the court's custody and visitation order.  "Now I'm Really Stressed Out."  Posted Mar. 7, 2012.

Chaaban v. Wet Seal, Inc.  Defendant who made statutory offer to compromise may recover the cost of deposing the plaintiff's expert, even if expert does not testify at trial.  "It'll Cost Ya."  Posted Mar. 4, 2012.

People v. Brents.  A prior consistent statement is admissible whenever the cross-examination of the witness implies that the entire testimony is false.  "She Told the Last Story the First Time."  Posted Mar. 1, 2012.

Ghaffarpour v. Superior Court.  Los Angeles local rule specifying time to file a peremptory challenge to the original trial judge after reversal on appeal is void.  "Breaking the Rules."  Posted Feb. 26, 2012.

People v. Davis.  The California Supreme Court grants review of case holding that there is no Confrontation Clause violation when hospital records of an assault victim are admitted.  "Review Granted in People v. Davis."  Posted Feb. 23, 2012.

Transport Insurance Co. v. TIG Insurance Co.  Party could not object to a jury instruction on appeal when it argued for the instruction at trial.  "You Asked For It."  Posted Feb. 20, 2012.

People v. Holford.  It was not error to admit an entire pornographic video when the defendant did not offer any suggestions as to how the video could be edited to limit the prejudicial effect.  "Now Full-Length and Uncut."  Posted Feb. 16, 2012. 

People v. Clancey.  Court may not induce a guilty plea by indicating a sentence that will only be imposed if a guilty plea is entered or by offering to allow the defendant to withdraw the plea if the court changes its mind.  "Deal or No Deal?"  Posted Feb. 13, 2012.

People v. Archuleta.  Trial courts are advised to carefully consider whether the introduction of "testimonial" hearsay as the basis for expert testimony is more prejudicial than probative.  "Shades of Truth."  Posted Feb. 8, 2012. 

People v. Bowman.  A defendant's silence in the face of accusations, made after he received Miranda warnings, may be admitted if it cannot be inferred that the defendant was relying on his right to remain silent.  "The Sounds of Silence."  Posted Feb. 5, 2012. 

People v. Valdez.  A MySpace page attributed to the defendant was properly authenticated and admitted to corroborate a witness and as foundation for expert testimony.  "It Ain't Me, Babe."  Posted Feb. 1, 2012.

People v. Robey.  Supreme Court grants review of decision requiring a search warrant to search a package emitting the odor of marijuana.  "Supreme Court to Revisit 'Plain Smell' Doctrine."  Posted Jan. 29, 2012.

Voit v. Superior Court.  Court clerk had no discretion to reject a proposed filing that complied with the rules of court.  "I Can't Get Started."  Posted Jan. 25, 2012. 

Kennedy v. Eldridge.  Attorney representing his son in a family law matter was properly disqualified due to his entanglement in the relationship between the parties.  "Father's Father Can't Represent Father Against Mother."  Posted Jan. 22, 2012.

People v. Allen.  Court improperly discharged juror who said he concluded at the end of the People's case that the defendant was not guilty, since juror participated in deliberations and voted "undecided" in a preliminary vote.  "You Haven't Proved It, But I Have an Open Mind."  Posted Jan. 19, 2012.

New Jury Admonition.  Statutes now require court to admonish jurors that communicating on any subject connected with the trial includes all forms of electronic communication.  "Tweeting Is Contemptible."  Posted Jan. 15, 2011. 

Kumar v. Yu.  Although neither side prevailed on their claims, each was entitled to recover costs, and since defendant prevailed on the contract claim in the complaint, defendant was entitled to attorney's fees.  "The Biggest Loser."  Posted Jan. 11, 2012.

People v. Mohamed.  Jury could ignore eyewitness expert's challenge to accuracy of trial witnesses' identifications of the defendant.  "Eyewitness News."  Posted Jan. 8, 2012.

People v. Rivera.  Court abused its discretion in ordering defendant to demonstrate with a female mannequin how he strangled the victim.  "A Mack Sennett Production."  Posted Jan. 4, 2012.

Happy New Year.  "Z Novym Rokom."  Posted Dec. 30, 2011.

People v. Muniz.  Court's elaboration on the standard reasonable doubt instruction joins others on review in the California Supreme Court.  "Review Granted in Reasonable Doubt Case."  Posted Dec. 27, 2011.

People v. Gray.  The California Supreme Court granted review in Gray, which had discussed the concept of the admissibility of evidence offered to show a consciousness of innocence.  "Review Granted in People v. Gray."  Posted Dec. 21, 2011.

Kim v. Westmoore Partners, Inc.  Plaintiff's counsel sanctioned $10,000 for making frivolous requests for an extension of time and for sanctions on defendants' appeal from court's erroneous entry of default judgment.  "I'll Have the Sanctions, Please."  Posted Dec. 18, 2011.

People v. Engstrom.  Jurors did not commit misconduct by reworking an expert's calculations based on their own evaluation of the factors to be considered.  "How Does Your Garden Grow?"  Posted Dec. 15, 2011.

Linear Technology Corp. v. Tokyo Electron, Ltd.  Attorney's fees were properly awarded to prevailing defendants despite trial court's determination that the contract did not contain an attorney's fees provision.  "Be Careful What You Wish For."  Posted Dec. 11, 2011. 

Hopkins & Carley v. Gens.  The court satisfied the requirements of C.C.P. §128.7 when its formal order described the improper conduct and explained the basis for the amount of the sanction.  "That's What I Meant to Say."  Posted Dec. 8, 2011."

Sanchez v. Strickland.  Medical expenses gratuitously written off by the provider may be recovered by a plaintiff under the collateral source rule.  "Add In That Write-Off."  Posted Dec. 5, 2011.

Hernandez v. Kieferle.  Court properly enforced time limitations on witness examination agreed to by the parties.  "Your Word Is Your Bond."  Posted Dec. 1, 2011.

Tesoro del Valle Master Homeowners Association v. Griffin.  Court did not err in excluding defendants' expert witnesses on rebuttal when the experts were called to offer their opinions and not to rebut the factual bases for the plaintiff's experts' testimony.  "It's Only a Paper Moon."  Posted Nov. 27, 2011.

Frisk v. Superior Court.  A peremptory challenge to a judge is not effective until it is accepted by the court, and the dismissal of the party making the challenge before the court can act on the motion renders the challenge moot.  "Not Up to the Challenge."  Posted Nov. 20, 2011. 

Robey v. Superior Court.  Police were required to obtain a warrant to search a package that emitted the smell of marijuana.  "Hiding In Plain Smell."  Posted Nov. 16, 2011.

People v. Miranda.  Prior false report of sexual abuse was properly excluded where the report was made by the victim's mother, who was in a custody dispute with the alleged abuser, and the conclusion that the report was false was the opinion of the social worker.  "You Didn't Say What?"  Posted Nov. 13, 2011.

People v. Davis.  Doctor may testify to reports of other doctors in medical records without violating defendant's rights under the Confrontation Clause.  "If He Can Read What They Wrote."  Posted Nov. 6, 2011.

Adams v. Ford Motor Co.  Defendant's statutory offer to settle a wrongful death case for $10,000 plus a waiver of costs was reasonable and the court had the discretion to award $167,570 in expert witness fees to the defendant after it prevailed at trial.  "Let It Ride."  Posted Nov. 2, 2011.

Dozier v. Shapiro.  Court properly excluded testimony of treating physician as to opinions formed after his deposition that were based on material having no relationship to his treatment of plaintiff.  "I Don't Have An Opinion On That ... Yet."  Posted Oct. 31, 2011.

People v. Larkins.  Prior in-person contact is not required in order to identify a person in a video.  "Look! It's Justin Bieber!"  Posted Oct. 26, 2011.

People v. Vangelder.  Supreme Court grants review of appellate decision allowing a DUI defendant to challenge the reliability of breath test results.  "Review Granted In Bad Breath Case."  Posted Oct. 23, 2011.

Burch v. Premier Homes, LLC.  The court may conduct an evidentiary hearing to determine the parties' intent when an arbitration clause is ambiguous.  "The Best of Intentions."  Posted Oct. 19, 2011. 

Johnson v. Chiu.  A motion in limine may not be used to exclude all evidence relating to all or a portion of a cause of action.  "A Textbook Example."  Posted Oct. 16, 2011.

Metis Development LLC v. Bohacek.  A statement of decision must be issued upon request when a motion to compel arbitration is denied.  "Explain Yourself."  Posted Oct. 12, 2011. 

Sukut Construction, Inc. v. Rimrock CA LLC.  Plaintiff was judicially estopped from asserting an alternative basis for it's mechanic's lien claim after it convinced the trial court to overrule a demurrer because it adequately pled the right to foreclose on a mining lien.  "There's Rock In Them Thar Hills."  Posted Oct. 9, 2011.

People v. Espiritu.  Once the jury returned a verdict of "not true" to an enhancement allegation, the court was required to accept it, despite its inconsistency with the other findings of the jury.  "The Hobgoblin of Little Minds."  Posted Oct. 5, 2011.

People v. Morrison.  A witness who testifies on a collateral matter during direct examination may be impeached by calling a second witness to rebut the otherwise irrelevant testimony.  "Collateral Damage."  Posted Oct. 2, 2011.

People v. Gray.  Evidence of defendant's consciousness of innocence was properly excluded because the probative value was outweighed by the risk of confusing the issues.  "But I'm Innocent, I Tell You."  Posted Sept. 28, 2011.

People v. Blacksher.  Judge's sarcasm in response to counsels' attempts to introduce inadmissible evidence was not misconduct.  "What Is It About 'Sustained' That You Don't Understand?"  Posted Sept. 26, 2011.

People v. Lopez.  Court abused its discretion in admitting prior uncharged crimes to show defendant's intent when the identity of the perpetrator of the charged crime was contested and the perpetrator's intent was not in dispute.  "I Didn't Do It This Time, I Swear."  Posted Sept. 21, 2011.

Fontenot v. Wells Fargo Bank, N.A.  Court may take judicial notice of the operative language and legal effect of an official document. "Don't Confuse Me With Facts."  Posted Sept. 18, 2011.

People v. Muniz. Fourth District affirms trial court's elaboration of the reasonable doubt instruction.  "When Will They Ever Learn?"  Posted Sept. 14, 2011.

Powell v. County of Orange.  An appeal cannot be taken from the denial of a motion for reconsideration, and a minute order dismissing a case is not a final judgment.  "Now Hear This."  Posted Sept. 11, 2011.

People v. Gonzales.  Court may not take judicial notice of a fact known to the court unless it is either universally known or capable of immediate determination by reference to an indisputable source.  "Don't Take It So Literally."  Posted Sept. 7, 2011.

People v. Gray.  Supreme Court denies review of attorney-client privilege waiver case, but orders the opinion depublished.  "Gray Depublished."  Posted Sept. 5, 2011.

People v. Scott.  Asking whether a defense expert had an opportunity to examine a bullet was not prohibited by the work product privilege because the questions did not attempt to elicit evidence of a writing.  "Better Put It In Writing."  Posted Aug. 28, 2011.

Mansur v. Ford Motor Co.  Juror who was unsure as to how information he received outside of court would affect him, but who said he would do his best to be fair, was properly excused by the court.  "When Your Best Just Isn't Good Enough."  Posted Aug. 24, 2011.

Vote for Top Blawgs.  Cast your vote for The ABA Journal Top 100 legal blogs.  "Who Let the Blawgs Out?"  Posted Aug. 21, 2011.

Howell v. Hamilton Meats & Provisions, Inc.  A plaintiff whose medical expenses were paid by his or her private insurer may not recover more than what was actually paid to the medical services provider.  "Nishihama Lives!"  Posted Aug. 18, 2011.

Misik v. D'Arco.  A judgment may be amended to add the name of the individual who is the alter ego of the corporate judgment debtor, even if alter ego was not alleged in the complaint.  "You Can Run, But You Can't Hide."  Posted Aug. 14, 2011.

Quantum Cooking Concepts, Inc. v. LV Associates, Inc.  A post-trial motion may be denied if the supporting memorandum does not comply with the requirements of Rule 3.1113, California Rules of Court.  "A Little More Effort, Please."  Posted Aug. 10, 2011. 

People v. Rushing.  Defendant did not make a prima facie showing that a peremptory challenge was based on group bias when the challenged African-American juror was married to a postal worker and expressed a bias against persons who do not believe in God.  "Your Husband Might Go Postal."  Posted Aug. 7, 2011.

Tutti Mangia Italian Grill, Inc. v. American Textile Maintenance Co.  A declarant's personal knowledge may be established by circumstantial evidence, including the contents of the declaration itself.  "I Know From Whence I Speak."  Posted Aug. 3, 2011.

People v. Virgil.  Questioning prospective jurors at sidebar and denying counsel voir dire when the allotted time for questioning expired was not error.  "You Didn't Have to Be There."  Posted July 31, 2011.

Fireman's Fund Insurance Co. v. Superior Court.  Attorney's legal opinions are protected by the attorney-client and work product privileges even if they are not communicated to the client or written down.  "I Keep It All Up Here."  Posted July 27, 2011.

People v. Skiles.  A noncertified copy of an official record may be authenticated by circumstantial evidence and the contents of the document itself.  "The Genuine Article."  Posted July 24, 2011.

Cowan v. Krayzman.   The court may rule on a motion that has been withdrawn after an adverse tentative ruling.  "You Can't Quit, You're Fired."  Posted July 20, 2011.

People v. Maikhio.  A game warden may stop and search the vehicle of a person who has recently been fishing or hunting, even without reasonable suspicion that a crime has been committed.  "Unhand That Lobster, You Fiend."  Posted July 17, 2011.

Davis v. Superior Court.  Order granting summary judgment which stated that judgment was entered in favor of defendant was not a judgment.  "Lost In a Masquerade."  Posted July 13, 2011.

People v. Vangelder.  Court erred in excluding expert testimony that DUI breath test was unreliable due to individual physical variabilities that affect the breath sample.  "This Machine Has Bad Breath."  Posted July 10, 2011.

Clark v. Superior Court.  Plaintiff's law firm was properly disqualified after it reviewed contents of documents taken by plaintiff from defendant, where documents were protected by defendant's attorney-client privilege.  "That's It, You've Seen Enough of That One."  Posted July 5, 2011.

Collins v. Sutter Memorial Hospital.  Not error to grant a motion for new trial on a ground not specified in the notice of intent.  "At Sixes and Sevens."  Posted June 29, 2011.

Kimes v. Grosser.  Cat owner may recover expenses incurred in treating the pet for injury, even though these expenses exceeded the fair market value of the cat.  "Recovering For Cat Repair."  Posted June 26, 2011.

Puerta v. Torres.  Statutory settlement offer that does not indicate how the offer is to be accepted is invalid.  "Where Do I Sign?"  Posted June 23, 2011.

Leung v. Verdugo Hills Hospital.  Supreme Court grants review of case upholding common law release rule.  "Review Granted in Common Law Release Rule Case."  Posted June 19, 2011.

Cabrera v. E. Rojas Properties, Inc. and In re Conservatorship of Estate of McQueen.  Supreme Court grants review of Cabrera, denies review of McQueen, and orders McQueen depublished.  “Collateral Source Rule Cases Depublished.”  Posted June 16, 2011.

Scott C. Moody, Inc. v. Staar Surgical Co.  Attorney was properly sanctioned for violating order made at sidebar limiting the scope of examination of a witness.  "You Are Ordered ... Blah, Blah, Blah."  Posted June 13, 2011.

Martinez v. Los Angeles County Metropolitan Transportation Authority.  A C.C.P. §998 offer that excludes recovery of costs also excludes recovery of attorney's fees.  "No Costs, No Attorney's Fees."  Posted June 8, 2011.

People v. Stipo.   Internet users have no expectation of privacy in information provided to their service providers.  "Hacker Protests Invasion of Privacy."  Posted June 5, 2011.

People v. Nunez.  It is unconstitutional to sentence a juvenile who commits a nonhomicide offense to a term of years that effectively denies the possibility of parole during the defendant's lifetime.  "Channeling Father Flanagan."  Posted June 2, 2011.

Carpenter & Zuckerman v. Cohen.   Plaintiff law firm and its partners represented themselves when they were represented on appeal by an associate in the firm.  "Where Did I Put That Contingency Fee Agreement?"  Posted May 30, 2011.

People v. Xinos.  Supreme Court denies review, but orders opinion depublished.  "Xinos Depublished."  Posted May 27, 2011.

Tien v. Tenet Healthcare.  Supreme Court grants review and defers further action pending  disposition of Brinker Restaurant Corp. v. Superior Court.  "Review Granted in Tien."  Posted May 27, 2011.

People v. Sherow.  Investigator's testimony as to general procedure for making surveillance videos was sufficient to authenticate the videos and lay the foundation for their admission under the business records exception to the hearsay rule.  "I Always Feel Like Somebody's Watching Me."  Posted May 26, 2011.

People v. Spector.  Evidence of other crimes was admissible to show that it was improbable the victim committed suicide and that it was likely the defendant was motivated by the same state of emotion as in earlier incidents.  "He Lost That Lovin' Feelin'."  Posted May 22, 2011.

People v. Higgins.  Supreme Court denies review and orders opinion depublished.  "Higgins Depublished."  Posted May 19, 2011.

People v. Gray.  Defendant waived the attorney-client privilege as to confidential documents used by him to refresh his memory while on the witness stand.  "May I Refer to My Notes?"  Posted May 17, 2011.

In re Tobacco Cases I.  A consent decree that provides for attorney's fees is a contract, and the court must determine which party prevailed pursuant to Civil Code §1717.  "Flying Tractors, Television Plants and Attorney's Fees."  Posted May 8, 2011.

People v. Arevalo-Iraheta.  Defendant was not prejudiced when the court denied his motion to dismiss in the presence of the jury.  "You're Wasting Your Time."  Posted May 2, 2011.

De la Cuesta v. Benham.  Considering the results of the case and the parties' litigation objectives, it was an abuse of discretion to refuse attorney's fees to a plaintiff who achieved the greater success at trial.  "Some Good News and Some Bad News."  Posted Apr. 28, 2011.  

Lee v. Kwong.  A plaintiff may not avoid an unfavorable arbitration award by requesting a trial de novo and then dismissing the complaint.  "The Unartful Dodger."  Posted Apr. 25, 2011.

People v. Murdoch.  Court erred by not holding a competency hearing for a defendant who asserted that his alleged assault victim was not human.  "Calling All Angels."  Posted Apr. 20, 2011.

Leung v. Verdugo Hills Hospital.  The common law release rule results in the release of all joint tortfeasors when one joint tortfeasor is released, unless there is a finding of a good faith settlement.  "Please Release Me."  Posted Apr. 17, 2011.

Brown v. Desert Christian Center.  Trial court may award costs after dismissing case for lack of jurisdiction.  "Not-So-Limited Jurisdiction."  Posted Apr. 14, 2011.

People v. Moore.  Appellate court approves trial judge's examples distinguishing "reasonable doubt" from "possible doubt."  "He's Just Trying to Help."  Posted Apr. 11, 2011.

Augusta v. Keehn & Associates.  Plaintiff waived right to arbitrate dispute by unreasonably delaying in seeking arbitration.  "On Second Thought, Let's Go To Arbitration."  Posted Apr. 7, 2011.

Behr v. Redmond.  Excessive compensatory damages award does not require remand to reassess amount of punitive damages.  "A Healthy Judgment."  Posted Apr. 4, 2011.

Bruns v. E-Commerce Exchange, Inc.  A partial stay of proceedings is not excluded in calculating the five-year limit for bringing a civil case to trial unless it made prosecution impossible, impracticable or futile.  "Pondering the Impossible."  Posted Mar. 31, 2011.

Garcia v. Politis.  A party entitled to attorney's fees from a defaulting defendant must ask for such relief at the time the default is requested.  "Please Complete All Required Fields."  Posted Mar. 28, 2011.

Cabrera v. E. Rojas Properties, Inc.  Plaintiff may not recover damages for medical expenses that exceed the amounts paid by her private medical insurer.  "Nishihama: 'I'm Not Dead Yet.'"  Posted Mar. 25, 2011.

Borger v. Department of Motor Vehicles.  Expert may not testify that an approved breath testing device has an inherent margin-of-error.  "No Room For Error."  Posted Mar. 24, 2011.

Michigan v. Bryant.  Whether a hearsay statement is testimonial must be determined from all of the circumstances, including the statements and actions of all of the parties.  "With All Due Disrespect, I Dissent."  Posted Mar. 21, 2011.

In re Conservatorship of Estate of McQueen.  On rehearing, the court reaffirms that the collateral source rule prohibits reduction of plaintiff's damages by the amount of government benefits received.  "McQueen Rehearing Generates New Opinion, Same Result."  Posted Mar. 18, 2011.

Tien v. Tenet Healthcare Corp.  A court need not reconsider a ruling that relies on a case that was subsequently depublished.  "Now You See It, Now You Don't."  Posted Mar. 17, 2011.

Tarrant Bell Property, LLC v. Superior Court.  Court may refuse to appoint a referee despite a valid predispute reference agreement.  "I'll See You in Court!."  Posted Mar. 14, 2011.

People v. Xinos.  Warrantless search of event data recorder in impounded vehicle was unconstitutional, because there was no probable cause.  "The Tide Goes In, the Tide Goes Out."  Posted Mar. 10, 2011.

People v. Pham.  When a hearsay statement of an out-of-court declarant is admitted, an inconsistent statement made by the declarant at a different time is admissible under the rule of completeness.  "The Whole Truth."  Posted Mar. 7, 2011. 

People v. Moreno.  Defendant forfeited any objection to the court's providing a juror with an interpreter throughout the trial and deliberations.  "¡Que Buena Idea!"  Posted Mar. 3, 2011.

Dakota Payphone, LLC v. Alcaraz.  Void judgment may be amended at any time and unless the modification is substantial any appeal must be taken from the original judgment.  "Trust Me, I Know What I'm Doing."  Posted Mar. 1, 2011.

Green v. Laibco, LLC.  Time limit for ruling on motion for new trial is jurisdictional and order entered one day late is void.  "A Day Late, $2.4 Million Short."  Posted Feb. 24, 2011.

People v. Bryant.  Court could not rule on new trial motion when defendant's claim that a juror used his cell phone to look up the definition of "reasonable doubt" was supported only by unsworn juror statements.  "No Good Deed Goes Unpunished."  Posted Feb. 19, 2011.

Najera v. Huerta.  Plaintiff's statutory offer to compromise, served at the same time as the complaint, was not made in good faith, since defendant was not given a fair opportunity to evaluate it.  "A Bad Sense of Timing."  Posted Feb. 14, 2011.

Cassel v. Superior Court.  All things said between an attorney and his or her client for the purpose of, or pursuant to, a mediation are inadmissible as evidence in an action by the client for malpractice.  "Malpractice at Mediation?  Try and Prove It!"  Posted Feb. 10, 2011.

In re Conservatorship of Estate of McQueen.  Collateral source rule prohibits reduction of plaintiff's damages by amount of government benefits received.  "Victim Entitled to Recover Entire Amount Stolen."  Posted Feb. 7, 2011.

Holmes v. Petrovich Development Company, LLC.  Emails sent by employee to personal attorney using employer's computer and email system are not confidential attorney-client communications.  "Hey! Keep It Down In There!"  Posted Feb. 4, 2011.

People v. Nazary.  Records self-generated by a computer are admissible without the need to establish that the machine was operating properly.  "It Can Only Be Attributable to Human Error."  Posted Feb. 2, 2011.

MJKA, Inc. v. 123 Fit Franchising, LLC.  Court does not have discretion to lift a stay of proceedings pending arbitration due to inability of party to pay arbitration costs.  "Show AAA the Money."  Posted Jan. 31, 2011.

People v. Higgins.  Pervasive pattern of prosecutorial misconduct rendered trial fundamentally unfair, requiring a new trial.  "Is That a Gun In Your Pocket?"  Posted Jan. 28, 2011.

Blix Street Records, Inc. v. Cassidy.  Party who informed court that an enforceable settlement had been reached was judicially estopped from later asserting that the agreement was unenforceable.  "Enforcing the Unenforceable."  Posted Jan. 26, 2011.