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Name Category Published
Pham v. WCAB
Actual earnings at time of injury is proper amount for calculating temporary disability indemnity entitlement.
Employment Law May 16, 2001
Stearman v. Centex Homes
When defective foundation results in damage throughout home, recovery of strict liability damages isn't barred by economic loss rule.
Torts May 16, 2001
Tri-West Insurance Services Inc. v. Seguros Monterey Aetna
Personal jurisdiction can't be asserted over Mexican insurer that provides coverage for goods transported by Mexican clothing manufacturer to California.
Civil Procedure May 16, 2001
People v. Han
Circumstantial evidence may be used to prove that defendant conspired with others to murder her twin sister.
Criminal Law and Procedure May 16, 2001
Carrillo v. Salmon
Order
May 16, 2001
F.W. Woolworth Co. v. Franchise Tax Board
Order
May 16, 2001
Sarroca v. United States
Order
May 16, 2001
Rice v. United States
Order
May 16, 2001
Radillo-Contreras v. United States
Order
May 16, 2001
Miller v. Kaloroumakis
Order
May 16, 2001
Ferguson v. City of Charleston
Drug testing of pregnant women satisfies the special needs exception of the Fourth Amendment.
Constitutional Law May 16, 2001
Defenders of Wildlife v. Bernal
Injunction is not warranted where school construction does not result in 'taking' of pygmy-owl under Endangered Species Act.
Environmental Law May 16, 2001
U.S. v. Enas
Defendant may be tried in federal court even though previously tried for same conduct in Indian tribal court.
Criminal Law and Procedure May 16, 2001
People v. Duncan
Under "two preliminary hearings" rule, court must set aside information where it's subsequently determined that defendant was incompetent at time of preliminary hearing.
Criminal Law and Procedure May 16, 2001
Burroughs v. Precision Airmotive Corp.
Federal statute precluding certain claims against aircraft parts manufacturers also protects successor manufacturers that acquire product lines from original parts manufacturer.
Torts May 16, 2001
Shalala v. Illinois Council on Long Term Care Inc.
Challenge to Medicare regulations must be reviewed through special administrative channels, not by federal courts.
Civil Procedure May 16, 2001
Schwenk v. Hartford
Rape and sexual assault constitute violations of Gender Motivated Violence Act regardless of aggressor's state of mind toward victim's gender.
Civil Rights May 16, 2001
Antonio R., a Minor
Probation condition forbidding minor from entering county unless accompanied by parents or upon probation officer's permission does not violate minor's constitutional rights.
Juveniles May 16, 2001
Wilner v. Sunset Life Insurance Co.
Court may not sustain insurance company's demurrer to class action lawsuit when insured's complaint adequately alleges existence of ascertainable class and community of interests.
Civil Procedure May 16, 2001
Wagner v. City of South Pasadena (Landmark Theatre Corp.)
Summons is deemed served on date written acknowledgment of receipt is executed, not on date of mailing.
Civil Procedure May 16, 2001
Brennan v. Tremco Incorp.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts May 16, 2001
Kirby v. Southern California Edison Co.
Court cannot enforce release agreement when no litigation was pending at time the agreement was executed.
Torts May 16, 2001
Anaya v. Superior Court (City of Los Angeles)
Tortfeasors responsible for victim's injuries are not relieved of liability when medical helicopter crashes in route to hospital, killing victim.
Torts May 16, 2001
Lin v. State of California
Dentists are not entitled to administrative hearing on regulation requiring state authorization before providing services to Denti-Cal patients.
Administrative Agencies May 16, 2001
Trimble v. Washington State University
University is properly awarded summary judgment when there is no evidence that professor was denied tenure in violation employment contract.
Employment Law May 16, 2001
Roberts v. Dudley
Common law cause of action in tort exists for wrongful discharge based on gender.
Torts May 16, 2001
Luisa Z., a Minor
Juvenile court lacks authority to order minor to register as narcotics offender.
Juveniles May 16, 2001
People v. O'Neal
Jury may consider defendant's prior sexual offenses without violating defendant's due process rights.
Criminal Law and Procedure May 16, 2001
Brush Wellman Inc. v. Lee (Stoecker)
Once party has exercised right to a peremptory change of judge, that right is not renewed upon remand after appeal.
Civil Procedure May 16, 2001
Yauch v. Southern Pacific Transportation Co.
State workers compensation law should not be injected into cases involving Federal Employers' Liability Act claims.
Employment Law May 16, 2001