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Santa Clara Valley Transportation Authority v. Rea (American Federation of State, County and Municipal Employees, Local 101, AFL-CIO)
State law requiring transportation authority to bargain with labor union that included management personnel in bargaining unit overrode federal law requiring otherwise.
Labor Law Oct. 16, 2006
Mendoza v. Rast Produce Co. Inc.
Businesses that obtained crops from commission merchant were both reconsignees and crop grower's subagents owing him fiduciary duty.
Contracts Oct. 16, 2006
Firestone v. Hoffman
Litigant's own foreign tax returns are not protected by privilege if they contain information relevant to proceeding.
Civil Procedure Oct. 16, 2006
Levin v. Ligon
Settlement of legal malpractice action in which husband asserted loss of marital assets estopped him from claiming community property interest in assets.
Family Law Oct. 16, 2006
County of Orange v. Lexington National Insurance Corp.
Court's failure to send notice of bail bond forfeiture to surety resulted in loss of jurisdiction to enter summary judgment against surety.
Criminal Law and Procedure Oct. 16, 2006
Sierra Pacific Industries v. WCAB
WCAB's decision denying reconsideration is not proper where Senate Bill establishing new guidelines for reasonable medical treatment is applicable.
Workers' Compensation Oct. 16, 2006
Janee W., a minor
Where undisputed evidence existed that continued supervision of minors was unnecessary, termination of dependency court jurisdiction was proper.
Juveniles Oct. 16, 2006
People v. Failla
Following unsuccessful petition for certificate of rehabilitation, new period of rehabilitation begins from date of denial of petition.
Criminal Law and Procedure Oct. 16, 2006
Joseph P., a Minor
Father's untimely, unsubstantiated claim of Indian heritage did not compel juvenile court to suspend proceedings and issue new notice to tribe.
Juveniles Oct. 16, 2006
John B. v. Superior Court (Bridget B.)
Discovery is allowed to establish if party has constructive knowledge of HIV infection during 'window period' of possible infection.
Civil Procedure Oct. 16, 2006
People v. Reed
Courts should consider only statutory elements in deciding whether defendant may be convicted of multiple charged offenses.
Criminal Law and Procedure Oct. 16, 2006
Singleton v. U.S. Gypsum Co.
Employer's summary judgment motion was improperly granted where determination of sexual harassment depends on resolution of material issues of fact.
Employment Law Oct. 16, 2006
Rhaburn v. Superior Court (People)
No rigid rule of vicarious, automatic disqualification due to conflict of interest for public defender whose officer previously represented witness for prosecution.
Administrative Agencies Oct. 16, 2006
The Hess Collection Winery v. California Agricultural Labor Relations Board (United Food and Commercial Workers Union)
California Agricultural Labor Relations Board properly denied petition for review of mediator's decision where interest arbitration statutes do not violate due process.
Administrative Agencies Oct. 16, 2006
Essex Insurance Co. v. Five Star Dye House Inc.
When assignee of insured's bad faith claim brings action for wrongfully withheld policy benefits, assignee can recover related attorney fees as well.
Insurance Oct. 16, 2006
Perry v. East Bay Regional Park District
In wrongful death case, defendants' summary judgment motion was properly granted based on immunity where decedent engaged in hazardous activity.
Government Oct. 16, 2006
People v. Demetrulias
Evidence of robbery and assault is admissible to establish motive and intent for felony-murder that took place earlier that same night.
Criminal Law and Procedure Oct. 16, 2006
People v. Vasquez
In murder case, participation of conflicted prosecutor did not result in due process violations.
Criminal Law and Procedure Oct. 16, 2006
Smith v. Superior Court (L'Oreal USA Inc.)
Employer effectuates 'discharge' within meaning of Labor Code when it fires employee or when it releases employee upon completion of job assignment.
Employment Law Oct. 16, 2006
State of California v. Unumprovident Corp.
Court's determination that state failed to state cause of action in its lawsuit under Insurance Code was proper.
Insurance Oct. 16, 2006
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California.
Criminal Law and Procedure Oct. 16, 2006
Harris v. Verizon Communications
Immunity conferred by Unclaimed Property Law is absolute, despite plaintiff's claim that escheatment was wrongful.
Civil Procedure Oct. 16, 2006
Baby Boy M., a Minor
Court lacked jurisdiction to make custody determination for child missing since birth and allegedly in another state.
Family Law Oct. 16, 2006
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant.
Criminal Law and Procedure Oct. 16, 2006
Abouab v. City and County of San Francisco
For nonprevailing party to recover attorney fees, party must utilize 'catalyst theory,' which has prerequisite of filing prelitigation notice.
Civil Procedure Oct. 16, 2006
Perryman v. Superior Court (People)
Offender's successful motion to quash jury venire was not 'mistrial' motion that triggered new period in which offender could be tried.
Civil Procedure Oct. 16, 2006
People v. Saunders
Order
Oct. 16, 2006
Conservatorship of Hume
Court properly overruled objections to inventory and appraisal of estate where burden of proof on objections is on objector.
Conservatorship Oct. 16, 2006
People v. Parker
California's five-year residency requirement entitling ex-felon to certificate of rehabilitation does not violate U.S. Constitution.
Criminal Law and Procedure Oct. 16, 2006
U.S. v. Johnson
Proposed defense for convicted felon's gun possession, and proposed jury instruction that required inquiry into circumstances and motivations for possession are rejected.
Criminal Law and Procedure Oct. 16, 2006