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Washington v. Cambra
Where appellant raises constitutional claims the Dixon rule does not provide an independent state-law basis for precluding federal habeas review.
Criminal Law and Procedure Jun. 1, 2000
Williamson v. General Dynamics Corp.
Fair Labor Standards Act does not pre-empt employees' common-law fraud claims based on employer's promise of continued employment.
Labor Law Jun. 1, 2000
People v. Superior Court (Paez)
Defendant is entitled to discovery when he presents some evidence in support of his discriminatory prosecution claim.
Criminal Law and Procedure Jun. 1, 2000
People v. Williams
Jury may infer guilt from false or misleading statements made to police without Miranda warnings.
Criminal Law and Procedure Jun. 1, 2000
Muzquiz v. City Of Emeryville
Employee fails to prove that city's legitimate, nondiscriminatory reasons for eliminating her job were pretext for age-based discrimination.
Employment Law Jun. 1, 2000
Akins v. Enterprise Rent-A-Car Company of San Francisco
For attorney fee award, apportionment of attorney fees is not required if successful and unsuccessful claims are interrelated.
Civil Procedure Jun. 1, 2000
People v. Thompson
Court isn't required to instruct jury that 'unlawful killing' is killing without excuse or justification when neither defense is presented at trial.
Criminal Law and Procedure Jun. 1, 2000
In re Castro
Court must appoint director of regional center for developmentally disabled to evaluate defendant's competency before proceeding to trial.
Criminal Law and Procedure Jun. 1, 2000
Moore v. First Bank of San Luis Obispo
Court may not amend binding arbitration award to allow prevailing party attorney fees.
Civil Procedure Jun. 1, 2000
Moshonov v. Walsh
Arbitrator does not exceed powers by denying fees to prevailing party based on her interpretation of arbitration provision in parties' contract.
Civil Procedure Jun. 1, 2000
Waste Management of Alameda County Inc. v. County of Alameda (Browning-Ferris Industries of California Inc.)
Landfill operator's commercial and competitive interests are not protected by California Environmental Quality Act.
Environmental Law Jun. 1, 2000
Twentieth Century Insurance Co. v. Choong
Court may impose second monetary sanction for attorney's failure to pay first monetary sanction.
Civil Procedure Jun. 1, 2000
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial.
Criminal Law and Procedure Jun. 1, 2000
Pacific Custom Pools Inc. v. Turner Construction Co. (Universal City Studios Inc.)
When contract provides for attorney fees, prevailing party is entitled to fees regardless of who initiates action.
Civil Procedure Jun. 1, 2000
Utility Cost Management v. East Bay Municipal Utility District
Limitations period of Government Code Section 66022 applies to action for refund from municipal utility district.
Administrative Agencies Jun. 1, 2000
Jessica K., a Minor
Appeal of order terminating parental rights must be dismissed as moot where parent fails to timely file appeal.
Juveniles Jun. 1, 2000
Griffith v. County of Santa Cruz
County rent control ordinance applies to recreational vehicle site where individuals have resided continuously for nine months or more.
Real Property Jun. 1, 2000
People v. Palamore
Instruction on special allegation of sex offense doesn't have to inform jury that commercial establishment be closed to public when burglary committed.
Criminal Law and Procedure Jun. 1, 2000
International Federation of Professional and Technical Engineers, Local 21 v. City and County of San Francisco
Although Meyers-Milias-Brown Act allows local regulation, when the act imposes a standard, local divergence is not allowed.
Labor Law Jun. 1, 2000
People v. Tokash
Sentence enhancement is supported by sufficient evidence that defendant inflicted great bodily injury causing victim to become comatose.
Criminal Law and Procedure Jun. 1, 2000
People v. Bemore
Counsel forgoing questioning of prospective jurors reduces risk that prosecution has reason to use preemptory challenge or challenge for cause.
Criminal Law and Procedure Jun. 1, 2000
People v. Crowder
Where felony and misdemeanor charges are adjudicated separately, defendant may not be sentenced based on same information.
Criminal Law and Procedure Jun. 1, 2000
Murray v. Oceanside Unified School District
Anti-workplace harassment law forbids harassment at work based on sexual orientation.
Employment Law Jun. 1, 2000
Thatcher v. Lucky Stores Inc.
Because local rule authorizes court to grant summary judgment based solely on absence of opposition, it is invalid.
Civil Procedure Jun. 1, 2000
Farmers Insurance Exchange v. Superior Court (Han)
Party cannot be held liable for negligently destroying or suppressing evidence that could be relevant to lawsuit.
Torts Jun. 1, 2000
Del Taco v. WCAB
Injured employee is not entitled to vocational rehabilitation benefits where he is unable to return to work solely because of immigration status.
Workers' Compensation Jun. 1, 2000
Earley v. Superior Court (Washington Mutual Bank)
Notice to proposed class, that absent class members may be held liable for attorney fees of successful defendant, is improper.
Civil Procedure Jun. 1, 2000
In re R.G., a Minor
Court may allow dissemination of information from juvenile court records regarding teacher's alleged sexual misconduct.
Juveniles Jun. 1, 2000
People v. Waples
Prior acts of molestation may be admitted as propensity evidence and to show common scheme or plan.
Criminal Law and Procedure Jun. 1, 2000
Union Pacific Corp. v. Wengert
Comparative equitable indemnity is available only for that portion of settlement attributable to economic damages.
Torts Jun. 1, 2000