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Name Category Published
Nunez v. Workers' Compensation Appeals Board
Workers' compensation administrative law judge's order compelling petitioner to attend evaluation is proper under former Labor Code Sections 4061 or 4062.
Workers' Compensation Jun. 15, 2006
Shamsian v. Dept. of Conservation
Where there is no mandatory duty under recycling statue as plaintiff alleges, she may not bring private right of action challenging alleged inaction.
Civil Procedure Jun. 15, 2006
Cortez v. WCAB
Medical evaluations in cases involving injuries incurred before Jan. 1, 2005 need to be ordered under former Labor Code Section 4062.
Administrative Agencies Jun. 15, 2006
People v. Allen
Statutory requirement that extension be filed prior to termination of mentally disordered offender's commitment is mandatory.
Criminal Law and Procedure Jun. 15, 2006
Tutor-Saliba Corp. v. Herrera
Motion to strike properly was granted where city attorney's public comments urging support for pending litigation were subject to official duty privilege.
Civil Procedure Jun. 15, 2006
Gil v. Bank of America, National Association
California Uniform Commercial Code supersedes payee's negligence claim where collecting bank accepted check with missing indorsement.
Banking Jun. 15, 2006
Pope v. Superior Court (Carrigan)
City term limit referring to election to four-year term does not mean appointment or election to less than four-year term.
Government Jun. 15, 2006
Jibilian v. Franchise Tax Board
In tax refund case, plaintiffs' claim that wages from private employment within United States are not taxable income is without merit.
Taxation Jun. 15, 2006
Jaramillo v. State Board for Geologists and Geophysicists
Substantial evidence test supported State Board for Geologists' decision to deny unlicensed geophysicist right to practice.
Administrative Agencies Jun. 15, 2006
State Water Resources Control Board Cases
Provisions in Merger Law did not mandate change in terms of U.S. Bureau of Reclamation's permits of Central Valley Project.
Administrative Agencies Jun. 15, 2006
People v. Le
Penal Code's ban on multiple punishments is violated where defendant's robbery and burglary offenses accomplished single intent to steal.
Criminal Law and Procedure Jun. 15, 2006
Aaronoff v. Martinez-Senftner
One-year revival period for sexual abuse claims against third parties was not applicable when alleged abuse related to parental relationship.
Civil Procedure Jun. 15, 2006
Mayer v. L & B Real Estate
Court's quieting title in favor of plaintiffs is not proper where quiet title action was filed after limitations period expired.
Taxation Jun. 15, 2006
People v. Noori
Party in business of transmitting money to Iran possessed necessary general intent to be found guilty of non-compliance with licensing requirements.
Criminal Law and Procedure Jun. 15, 2006
Kim v. Superior Court (People)
Words alone are sufficient to constitute act in furtherance of agreement to engage in prostitution when unequivocal and unambiguous.
Criminal Law and Procedure Jun. 15, 2006
Western States Petroleum Association v. South Coast Air Quality Management District
Rule adopted by Air Quality Management District requiring refineries to reduce emissions was feasible and cost effective.
Environmental Law Jun. 15, 2006
Charlotte D., a Minor
Unwed father has constitutionally protected parental rights not subject to termination absent finding of unfitness if he demonstrates full commitment to parental responsibilities.
Family Law Jun. 15, 2006
Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation (Dow AgroSciences)
California Dept. of Pesticide Regulation's compliance with applicable statutes and regulations constitutes CEQA compliance.
Environmental Law Jun. 15, 2006
Costa v. Superior Court (Lockyer)
Variance between version of initiative submitted to attorney general and version circulated should not be withheld from ballot if not misleading.
Government Jun. 15, 2006
Capri v. L.A. Fitness International
Release and waiver provision in health club agreement did not bar cause of action for negligence per se based upon statutory violation.
Contracts Jun. 15, 2006
Marriage of Jackson
Evidence other than Michael Jackson's stipulation with ex-wife should have been considered before termination of her parental rights.
Family Law Jun. 15, 2006
Rodriguez v. American Technologies Inc.
Court lacks power to deny petition to compel arbitration on state law grounds where parties expressly agreed to be bound by FAA.
Contracts Jun. 15, 2006
People v. Scheller
Statements made to parole office after guilty plea was entered but before it was withdrawn were inadmissible as substantive evidence of guilt.
Criminal Law and Procedure Jun. 15, 2006
Krontz v. City of San Diego (Chief of Police, City of San Diego)
Suspension of club owner's nude entertainment permit for violating city ordinance did not amount to prior restraint.
Constitutional Law Jun. 15, 2006
Prospect Medical Group Inc. v. Northridge Emergency Medical Group
California Health and Safety Code does not prohibit non-contracted emergency room physicians from 'balance billing' individual patients.
Contracts Jun. 15, 2006
People v. Vasquez
Court's failure to instruct jury on imperfect self-defense during accused's trial for murder of his cousin was erroneous.
Criminal Law and Procedure Jun. 15, 2006
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section.
Workers' Compensation Jun. 15, 2006
Dunn v. County of Santa Barbara
Property owner's regulatory takings claims are ripe for adjudication after county stated it will not allow subdivision of property.
Real Property Jun. 15, 2006
City of Rancho Cucamonga v. Regional Water Quality Control Board-Santa Ana Region (County of San Bernardino)
City waived its right to challenge adminstrative record by not making objection at or prior to informal hearing.
Administrative Agencies Jun. 15, 2006
Kinsman v. Unocal Corp.
Landowner having no control over condition cannot be liable for injuries inflicted by independent contractor on another contractor's employee.
Torts Jun. 15, 2006