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Name Category Published
Estate of Burdette
Will can be admitted to probate where subscribing witness who is unavailable submits transcripts of testimony given under oath. 		Probate and Trusts Aug. 5, 2000
People v. Gaio
Bribery offense does not require proof that payments be made in exchange for, or to influence, specific official acts. 		Criminal Law and Procedure Aug. 5, 2000
People v. Channing
Officer's observation of marijuana plants from outside the curtilage of defendant's home not a warrantless search. 		Criminal Law and Procedure Aug. 5, 2000
People v. Elsey
Entry into separate rooms largely located in different buildings constitutes separate burglaries. 		Criminal Law and Procedure Aug. 5, 2000
Dolan-King v. Rancho Santa Fe Association
Reasonableness of restrictive covenant is measured by looking at the goals and concerns of the entire development not the individual homeowner. 		Real Property Aug. 5, 2000
Krusi v. S.J. Amoroso Construction Co. Inc.
Once cause of action in favor of prior owner of real property accrues, subsequent owner cannot collect against architect or contractor for same damages. 		Constitutional Law Aug. 5, 2000
Avetova-Elisseva v. INS
In asylum proceedings, well-founded fear of persecution, if supported by substantial evidence, may justify granting asylum or withholding of deportation. 		Immigration Aug. 5, 2000
Jang v. State Farm
Complaint alleging insurer bad faith and civil conspiracy during settlement negotiations is an action under the policy and therefore time-barred. 		Civil Procedure Aug. 4, 2000
Pacific Indemnity Co. v. Bellefonte Ins. Co.
When policies have competing 'excess only' and 'pro rate' clauses, loss is prorated between insurers. 		Insurance Aug. 4, 2000
People v. Guzman
Prosecutor's comments about defendant's failure to testify are not harmless beyond reasonable doubt. 		Criminal Law and Procedure Aug. 4, 2000
People v. Superior Court (Barrett)
Prosecution only has obligation to search for and disclose exculpatory evidence possessed by agency if agency assisted in criminal investigation. 		Criminal Law and Procedure Aug. 4, 2000
Berman v. Health Net
Health Maintenance Organization waives right to compel arbitration where extensive discovery prejudices opposing party 		Contracts Aug. 4, 2000
Emily R., a Minor
Court has no duty to appoint guardian ad litem for alleged father who has not appeared in a dependency proceeding 		Juveniles Aug. 4, 2000
Hock v. Hock
Attorney's affidavit establishing his conduct as cause of default judgment against client provides basis to set aside judgment. 		Civil Procedure Aug. 4, 2000
Metropolitan Water District of Southern California v. Imperial Irrigation District
Water district may enact fixed rate for 'wheeling' activities. 		Government Aug. 4, 2000
Spitzer v. The Good Guys Inc.
Employer does not reasonably accommodate disabled employee by restructuring job when less demanding positions in company are available. 		Employment Law Aug. 4, 2000
Hassoldt v. Patrick Media Group Inc.
Liability and damages issues remanded where it is unclear whether jury's award was improperly based upon spoliation of evidence claim. 		Torts Aug. 4, 2000
People v. Oldham
In drug case, father may consent to police search of son's room in apartment they share. 		Criminal Law and Procedure Aug. 4, 2000
Eduardo D., a Minor
In juvenile court proceeding, crime must be designated on record as felony or misdemeanor. 		Criminal Law and Procedure Aug. 4, 2000
Rakestraw v. California Physicians' Service
Private health care contract requiring copayment for inpatient pregnancy services doesn't violate statute prohibiting use of copayments because of sex. 		Contracts Aug. 4, 2000
Duggal v. Future Telcom Inc.
Contract is unenforceable under filed-rate doctrine if terms deviate from schedule filed with FCC. 		Contracts Aug. 4, 2000
Pierotti v. Torian
Court does not have authority to review appeal from order confirming arbitration award of attorney fees. 		Civil Procedure Aug. 4, 2000
Obrien v. Jones
Appointment of some State Bar Court judges by governor and Legislature rather than the Supreme Court does not violate separation of powers. 		Attorneys Aug. 4, 2000
PLCM Group, Inc.
Under Civil Code Section 1717, in-house counsel may recover attorney fees. 		Insurance Aug. 4, 2000
Calhoon v. Lewis
Property owner owes no affirmative duty to make driveway safe for skateboarding activities. 		Torts Aug. 4, 2000
People v. Russell
Car search is not product of unreasonably prolonged detention where reasonable suspicion exists to extend stop. 		Criminal Law and Procedure Aug. 4, 2000
Los Angeles County Employees Association, Seiu, Local 660 v. Superior Court
Civil service protection for deputy municipal court clerks does not defeat or materially alter court's exercise of power or fulfillment of function. 		Government Aug. 4, 2000
Savannah B., a Minor
Court has no authority to remove child from parents custody and simultaneously order 60-day visit. 		Juveniles Aug. 4, 2000
People v. Mitchell
Where government has opportunity to present case, res judicata defeats increased sentence findings raised in subsequent proceedings. 		Civil Procedure Aug. 4, 2000
Valencia v. Michaud
Landlord has duty to protect tenants' daughter from violent attack, by another tenant's son, that occurs on apartment building's premises. 		Torts Aug. 4, 2000
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