| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C028522
|
Californians For Scientific Integrity v. The Regents of the University of California
University may expend public funds for anti-smoking efforts when such an activity is clearly authorized by state Legislature. |
Constitutional Law |
|
Aug. 18, 2000 | |
|
H017020
|
People v. Miller
Appellate court rejects accuseds' challenges to their convictions for grand theft by false pretenses. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
B124064
|
Maryland Casualty Co. v. Andreini & Company of Southern California
Good faith settlement determination can be reviewed by post-judgment appeal. |
Civil Procedure |
|
Aug. 18, 2000 | |
|
A085992
|
Lealao v. Beneficial California Inc.
Attorney fees awards may be calculated as a percentage of class action recovery and can be adjusted at court's discretion. |
Civil Procedure |
|
Aug. 18, 2000 | |
|
D034190
|
People v. Campbell
Covering sexual assault victim's eyes with tape to prevent sight constitutes tying or binding of victim so as to enhance attacker's penalties. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
E025274
|
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
C028465
|
People v. Fountain
Prior juvenile adjudication for committing battery did not constitute a strike for Three Strikes purposes. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
F034292
|
Catalano v. Superior Court (Camenson)
Code of Civil Procedure Section 437c disallows piecemeal adjudication of claims for punitive damage. |
Civil Procedure |
|
Aug. 18, 2000 | |
|
E024437
|
Northland Insurance Co. v. Briones
Carrier's duty to defend where potential for coverage exists not triggered when insurer charged with rape and policy contains sexual abuse exclusion. |
Torts |
|
Aug. 18, 2000 | |
|
B134032
|
Rose v. Superior Court (People)
Orders denying habeas corpus petitions should contain accurate record and be accompanied by statement of reasons. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
B128359
|
People v. Glee
Sentencing modification ordered where court erroneously believed prior conviction constituted a 'strike' under Three Strikes Law. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
S012568
|
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
B137562
|
Rucker v. WCAB
Workers' Compensation Judge cannot address issue parties don't raise without giving them opportunity to address issue. |
Workers' Compensation |
|
Aug. 18, 2000 | |
|
E025091
|
People v. National Automobile & Casualty Insurance Co.
Surety that consents to extra judicial procedure is estopped from challenging separate court action on same grounds. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
C031864
|
Sacramento County Office of Education v. WCAB
Reinstatement of vocational rehabilitation benefits must be made within five years of injury. |
Workers' Compensation |
|
Aug. 18, 2000 | |
|
B134135
|
People v. Valencia
Code expressly precludes imposition of great bodily injury enhancement to sentence of convicted murderer. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
E026082
|
Turner v. Martire
Federal law enforcement officers of Indian tribe must show their conduct was discretionary and within scope of official duties for immunity. |
Native American Affairs |
|
Aug. 18, 2000 | |
|
A087866
|
Dunkin v. Boskey
Unmarried father's parental rights to child born out of artificial insemination cannot be terminated by mother on grounds of promissory estoppel. |
Contracts |
|
Aug. 18, 2000 | |
|
A083665
|
City of SanFranscisco v. Tijerino
Court-ordered blood test is not new or different fact or circumstance that justifies motion for reconsideration. |
Civil Procedure |
|
Aug. 18, 2000 | |
|
S072243
|
People v. Robles
Evidence obtained without warrant is not admissible when police obtain post-search consent from defendant's brother who was subject to probation searches. |
Criminal Law and Procedure |
|
Aug. 18, 2000 | |
|
G021374
|
McFetters v. Amplicon Inc.
Employee who is assaulted by company president may sue for wrongful termination in violation of public policy. |
Employment Law |
|
Aug. 18, 2000 | |
|
S065841
|
Connecticut Indemnity Co. v. Superior Court
In determining liability for water pollution clean-up, city may issue subpoenas when authorized by law and pertinent to a legislative purpose and investigation. |
Environmental Law |
|
Aug. 18, 2000 | |
|
B137582
|
In re Vargas
Ineffective assistance of counsel rendered when attorney misrepresents plea offer and coerces client to accept it. |
Criminal Law and Procedure |
|
Aug. 17, 2000 | |
|
E024465
|
True v. Shank
Expert witness fees may be properly tendered at the time deposition is noticed or at the deposition. |
Civil Procedure |
|
Aug. 17, 2000 | |
|
D030320
|
Kitzig v. Nordquist
Dental malpractice not time barred if claim filed within one year of patient finding that dentist is negligent. |
Civil Procedure |
|
Aug. 17, 2000 | |
|
S088525
|
Birndorf v. Superior Court (Alexzander)
Order |
|
Aug. 16, 2000 | ||
|
99-10333
|
U.S. v. Reyna
Judge's approval of wiretap before Attorney General has authorized application violates federal wiretap statute. |
Criminal Law and Procedure |
|
Aug. 15, 2000 | |
|
99-1667
|
Mednet v. Bergen Brunswig Drug Co.
Attorney compensation is reasonable in cases where services rendered are beneficial or necessary at time of provision. |
Bankruptcy |
|
Aug. 15, 2000 | |
|
99-10170
|
U.S. v. Valensia
'Preponderance of evidence' is proper standard for factual determinations regarding sentence enhancements that are not extremely disproportionate. |
Criminal Law and Procedure |
|
Aug. 15, 2000 | |
|
98-70541
|
Chand v. INS
Alien persecuted on protected ground who faces significant continuing violence in home country in years after coup is eligible for asylum. |
Immigration |
|
Aug. 15, 2000 |