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Name Category Published
Frame v. Pricewaterhousecoopers
Order 		Aug. 28, 2006
Souza v. Squaw Valley Ski Corp.
Collision with visible snowmaking hydrant is inherent risk of skiing under primary assumption of risk doctrine. 		Torts Aug. 28, 2006
Wal-Mart Stores Inc. v. City of Turlock
City ordinance that prohibits development of discount superstores complies with California Environmental Quality Act and does not exceed city's police power. 		Government Aug. 28, 2006
Avila v. Citrus Community College District
Host school breached no duty of care to athlete during intercollegiate baseball game in which athlete was injured. 		Torts Aug. 28, 2006
People v. Jurado
In death penalty case, evidence is sufficient to support lying-in-wait special circumstance where defendant launched surprise attack on victim. 		Criminal Law and Procedure Aug. 28, 2006
Zenith Insurance Co. v. WCAB
To establish right to reimbursement, lien claimants bear burden of proving they are properly licensed or accredited. 		Workers' Compensation Aug. 28, 2006
People v. Severance
Court had power to direct verdict of sanity when there was no substantial evidence that offender was insane at time of crimes. 		Criminal Law and Procedure Aug. 28, 2006
Rostai v. Neste Enterprises
Primary assumption of risk applies to physical activity of fitness training under guidance of personal fitness trainer. 		Torts Aug. 28, 2006
Hillsboro Properties v. City of Rohnert Park
Mobile home park owner cannot recover lost rental income where ordinance did not deny owner fair return. 		Government Aug. 28, 2006
Sacramento County Dept. of Health and Human Services v. Kelly E.
Unprofessional and virulent brief of 76,235 words violates standards of ethical and proper appellate advocacy. 		Juveniles Aug. 28, 2006
Bearden v. U.S. Borax Inc.
Exemption under order of Industrial Welfare Commission is invalid where employees subject to collective bargaining agreement are exempt from mandated meal breaks. 		Labor Law Aug. 28, 2006
People v. Bobbit
Plea agreement did not preserve issue that court did not have authority to impose upper term sentence upon offender. 		Criminal Law and Procedure Aug. 28, 2006
J.N., a Minor
In visitation case, although juvenile court must inquire whether child is Indian, mother failed to show court erred in denying her visitation. 		Family Law Aug. 28, 2006
California State Automobile Association Inter-Insurance Bureau v. City of Palo Alto
Court improperly required insurer to prove tortious conduct on part of city in case involving backup of sewage in private home. 		Torts Aug. 28, 2006
People v. Huggins
Possibly valid claim of instructional error at defendant's competency trial before guilt phase was harmless. 		Criminal Law and Procedure Aug. 28, 2006
Peoples v. San Diego Unified School District
Employment under university intern credential counts toward two-year tenure requirement of Education Code Section 44929.21. 		Education Aug. 28, 2006
Hernandez v. City of Pomona
Res judicata did not bar decedent's family from initiating personal injury action after federal excessive force action had been decided. 		Civil Procedure Aug. 28, 2006
Fernando M., a Minor
Termination of parental rights is improper when relative caretaker is unwilling to adopt child and when child has close relationship with siblings. 		Juveniles Aug. 28, 2006
People v. Chapple
Determining whether seized vest is bulletproof vest is proper subject for expert opinion testimony but not for lay opinion testimony. 		Criminal Law and Procedure Aug. 28, 2006
Mineral Associations Coalition v. State Mining and Geology Board
State Mining Board's administrative regulation requiring Department of Conservation director's concurrence in reclamation enforcement proceedings was proper. 		Administrative Agencies Aug. 28, 2006
People v. Umana
Notwithstanding fact that party reported alleged sexual assault to police, delivery of letter demanding money from victim was attempted extortion. 		Criminal Law and Procedure Aug. 28, 2006
Jenkins v. County of Riverside
In disability discrimination case, plaintiff was not entitled, as reasonable accommodation, to regular permanent position because she was only temporary employee. 		Employment Law Aug. 28, 2006
Sully-Miller Contracting Co. v. California Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
Labor Code Section 6401.7(h) does not relieve employer of duty to provide safety training to employee whom it leases to secondary employer. 		Labor Law Aug. 28, 2006
Mooney v. Caspari
Judgment for plaintiff in legal malpractice action against defendant is barred by prior judgment in malpractice action against party in privity with plaintiff. 		Civil Procedure Aug. 28, 2006
Huff v. Wilkins
Plaintiff did not assume increased risk in off-roading sport where defendant driver's violation of safety regulations increased risk of accident. 		Torts Aug. 28, 2006
People v. Russell
Probable cause to search residence did not exist where only fact known to police was that suspect was legally cultivating marijuana. 		Criminal Law and Procedure Aug. 28, 2006
Violante v. Communities Southwest Development and Construction Co.
Subcontractor's employee on public works project may not sue prime contractor where subcontractor failed to pay prevailing wages. 		Labor Law Aug. 28, 2006
Lyle v. Warner Brothers Television Productions
Writers' assistant on television show 'Friends' did not establish prima facie case of hostile workplace environment sexual harassment. 		Employment Law Aug. 28, 2006
People v. Wilson
'Likely,' as used in Penal Code Section 273a, means substantial danger of great bodily harm or death to child. 		Criminal Law and Procedure Aug. 28, 2006
People v. Thimmes
Offender received ineffective assistance of counsel where court's ruling was based on mistake of law to which counsel failed to object. 		Criminal Law and Procedure Aug. 28, 2006
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