| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B125741
|
Cornette v. Department of Transportation
Issue of 'changed conditions' exception to design immunity defense must be decided by jury, not court. |
Torts |
|
Aug. 4, 2000 | |
|
S069354
|
People v. Lasko
Killer who unintentionally but unlawfully kills in sudden quarrel or heat of passion lacks malice. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
S062453
|
People v. Blakeley
When defendant, acting in conscious disregard for life, unintentionally kills in unreasonable defense, the killing is voluntary, not involuntary, manslaughter. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
s073031
|
People v. Superior Court
Trial court erred in granting defendant relief without requiring he demonstrate prejudice by incomplete advisement. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
C032288
|
Cano v. WCAB
Employer's duty to provide treatment includes cosmetic surgery when facial disfigurement permanent, unchanging condition. |
Workers' Compensation |
|
Aug. 4, 2000 | |
|
d032228
|
National Parks and Conservation Association v. County of Riverside
Party that unsuccessfully challenges subsequent environmental impact report on return to writ not entitled to attorney fees. |
Civil Procedure |
|
Aug. 4, 2000 | |
|
D031575
|
Mendoza v. Club Car Inc.
Parking brake failure on parked golf cart raises inference of product defect. |
Torts |
|
Aug. 4, 2000 | |
|
H019329
|
Burden v. County of Santa Clara
County has immunity under Government Code Section 818.8 against fraud claim and Labor Code violation. |
Government |
|
Aug. 4, 2000 | |
|
C032964
|
James Q., a Minor
Denying mother hearing to challenge propriety of DHHS's ending reunification services is miscarriage of justice. |
Juveniles |
|
Aug. 4, 2000 | |
|
G023735
|
Marriage of Hall
Court's discretionary child-support order made in closed chambers must be reported on the record and explained. |
Family Law |
|
Aug. 4, 2000 | |
|
D034606
|
City of Oceanside v. Superior Court of San Diego County
Firefighter's rule, which precludes rescue personnel from suing when injured participating in job-related rescue operations, extends to city lifeguards. |
Torts |
|
Aug. 4, 2000 | |
|
E023770
|
People v. Spirlin
Possession of handgun is single act with single objective, thus making crime one indivisible transaction subject only to one punishment. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
B126862
|
Montgomery Ward & Co. Inc. v. Imperial Casualty and Indemnity Co.
Self-insured retentions are not primary insurance and not subject to principle of horizontal exhaustion. |
Insurance |
|
Aug. 4, 2000 | |
|
B117712
|
Simi Valley Adventist Hosp. v. Bonta
Though provider must seek reimbursement adjustment within time allowed, it may challenge method used to determine reimbursement. |
Administrative Agencies |
|
Aug. 4, 2000 | |
|
H019572
|
People v. Avila
Statute that punishes person who commits act of sodomy on victim unable to resist due to drug substance is constitutional. |
Constitutional Law |
|
Aug. 4, 2000 | |
|
S080174
|
Boysaw v. Superior Court of Los Angeles County
Contempt order not sustained when it fails to recite that accused was warned his tone was objectionable. |
Civil Procedure |
|
Aug. 4, 2000 | |
|
S009108
|
People v. Ayala
Court finds no error committed at lower court level or in penalty phase of death-penalty proceedings. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
C031783
|
Ball v. GTE Mobilnet of California
Federal Communications Act of 1995 pre-empts state-law challenges to noncommunication air time cellular charges. |
Administrative Agencies |
|
Aug. 4, 2000 | |
|
B132056
|
People v. Brewer
Officer's attempt to obtain consent to search does not require Miranda warning, whether or not defendant is in custody. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
A085913
|
Culligan v. State Compensation Insurance Fund
Exclusion of coverage for matters covered by workers' compensation laws apply whether employee seeks benefits or files separate civil action. |
Workers' Compensation |
|
Aug. 4, 2000 | |
|
C029727
|
Western Crop Protection Association v. Davis
State may adopt federal Environmental Protection Agency's criteria in determining chemicals that cause reproductive toxicity. |
Environmental Law |
|
Aug. 4, 2000 | |
|
G025902
|
Cliffton B., a Minor
Though sibling visitation is not considered when terminating parental rights, siblings should have independent counsel to present issue to court. |
Juveniles |
|
Aug. 4, 2000 | |
|
A085617
|
Jang v. State Farm Fire and Casualty Co.
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 | |
|
F029122
|
People v. Green
Defendant may not collaterally attack prior out-of-state conviction on California law grounds absent evidence that convicting jurisidiction adheres to similar law. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
A085462
|
Mission Housing Development Co. v. City and County of San Francisco
Taxpayers are entitled to have opinions of value inserted on assessment rolls only for tax years covered on application. |
Taxation |
|
Aug. 4, 2000 | |
|
E024979
|
People v. King
Offense of receiving stolen property included with offense of owning and operating chop shop to bar simultaneous convictions. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
A083198
|
People v. James
Statute in which prior offenses are admissible evidence violates due process unless effect on verdict is negligible beyond reasonable doubt. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
S081209
|
People v. Rubalcava
Crime of unlawful carrying concealed dirk or dagger does not have specific-intent requirement. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
S077461
|
Wilson v. Los Angeles County MTA
Lowest responsible bidder wrongfully denied public contract is entitled to bid-preparation costs on theory of promissory estoppel, but not lost profits. |
Government |
|
Aug. 4, 2000 | |
|
B130400
|
People v. Pedro M.
Psychotherapist-patient privilege does not preclude therapist from testifying about juvenile's progress in court- ordered treatment plan. |
Juveniles |
|
Aug. 4, 2000 |