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Ramirez v. Circuit City Stores Inc.
Arbitration agreement, which prohibits employee class-action lawsuits against employer, is unconscionable.
Labor Law Jun. 28, 2001
People v. Watts
Prosecution of two individuals for same crime is allowed when probable cause exists to support charges against each.
Criminal Law and Procedure Jun. 28, 2001
Nicole M. v. Sears, Roebuck & Co.
Store does not have affirmative duty to prevent wrongful acts of another party if act cannot be reasonably anticipated.
Torts Jun. 28, 2001
People v. Hove
Order to pay victim full restitution for criminal conduct, even though victim's medical expenses are covered by medical benefits, is proper.
Criminal Law and Procedure Jun. 28, 2001
McGill v. M.J. Brock & Sons Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes.
Torts Jun. 28, 2001
Osborne v. Brenner
Photocopies of testator's handwritten property dispositions in holographic will satisfy statutory requirement that material provisions be in the handwriting of the testator.
Probate and Trusts Jun. 28, 2001
Doran v. Magan
Order denying motion for entry of judgment and satisfaction is not final order which may be appealed.
Civil Procedure Jun. 28, 2001
People v. Ryan
Father, convicted of child abduction, is not prejudiced by court's failure to define 'abandonment' and 'right of custody' for jury.
Criminal Law and Procedure Jun. 28, 2001
Giuffre v. Sparks (Kern County Sheriff's Dept.)
Meeting with sheriff doesn't satisfy provision that punishable actions against peace officers require administrative hearing.
Government Jun. 28, 2001
People v. Davis
Defendant properly sentenced to three concurrent terms of 25 years to life under three strikes legislation based on two prior convictions of rape in consort.
Criminal Law and Procedure Jun. 28, 2001
People v. Dacayana
Sexually Violent Predators Act doesn't require finding that offense is predatory, and Act's certification process doesn't require advisement of Miranda rights.
Criminal Law and Procedure Jun. 28, 2001
People v. Castellon
Vehicle stop for expired tag and subsequent request for detainee to remain in vehicle without reasonable suspicion isn't prolonged nor unreasonable detention.
Criminal Law and Procedure Jun. 28, 2001
Estate of Mitchell
Under a marriage dissolution restraining order, a spouse's severance of joint tenancy is not considered a transfer or disposition of property.
Probate and Trusts Jun. 28, 2001
People v. American Contractors Indemnity Co.
Failure to enter warrant into warrant system, and subsequent amendment of statute, justifies vacating bail forfeiture and exonerating bond.
Criminal Law and Procedure Jun. 28, 2001
People v. Russo
Order
Criminal Law and Procedure Jun. 28, 2001
Friends of Sierra Madre v. City of Sierra Madre
Placing a resolution on a ballot is within the California Environmental Quality Act's definition of a 'project.'
Environmental Law Jun. 28, 2001
Gentner and Company Inc. v. Wells Fargo Bank
Bank can't refuse to pay cashier's check where bank accepts endorsed check with stop payment, and issues cashier's check to payee in same amount.
Banking Jun. 28, 2001
Cassel v. Sullivan
Complaint to value former partner's business interest need only specify relief sought, not specific dollar amount.
Corporations Jun. 28, 2001
Randall v. Scovis
Litigation privilege doesn't apply where constitutional right to privacy outweighs policies underlying privilege.
Constitutional Law Jun. 28, 2001
Bell v. Farmers Insurance Exchange
Labor Code Section 1194 does not authorize award of interim attorney fees.
Employment Law Jun. 28, 2001
Carlson v. Blatt
Malpractice action is barred by statute of limitations where appellant with adequate time and opportunity failed to file complaint within statutory period.
Attorneys Jun. 28, 2001
Modern Paint and Body Supply Inc. v. State Board of Equalization
Auto paint and body supplier incurs sales tax liability for supplies sold to auto paint and body shops.
Taxation Jun. 28, 2001
People v. Westlund
Conviction for possession of silencer requires that defendant knew or should have known that characteristic of firearm was illegal.
Criminal Law and Procedure Jun. 28, 2001
Leake v. Superior Court (People)
Civil Discovery Act of 1986 applies to Sexually Violent Predator Act proceedings.
Civil Procedure Jun. 28, 2001
Kathleen R. v. City of Livermore
City is not subject to suit for damages or injunction for offering unrestricted access to the Internet through computers at public library.
Civil Rights Jun. 28, 2001
The TJX Companies v. Superior Court (Burchard)
Parties are entitled to oral hearing before disposition on whether requirements for class action are met.
Civil Procedure Jun. 28, 2001
Titmas v. Superior Court (In re Iavarone)
Assertion of attorney-client privilege must lead to full hearing with oral argument prior to revelation of information.
Attorneys Jun. 28, 2001
Morton Engineering & Construction Inc. v. Patscheck
Subcontractor may seek penalties for nonpayment in contractor-disciplinary proceeding or in civil action.
Contracts Jun. 28, 2001
People v. Gray
Trial court errs in not allowing prosecution to justify peremptory challenges when defense asserts challenges based on racial bias.
Criminal Law and Procedure Jun. 28, 2001
Mendez v. Superior Court (People)
When petitioner cannot show extrinsic fraud or duress, judgment cannot be attacked by writ of coram nobis.
Criminal Law and Procedure Jun. 28, 2001