| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-15730
|
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 | |
|
98-55783
|
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 | |
|
H019769
|
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 | |
|
H018413
|
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 | |
|
A078223
|
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 | |
|
A087975
|
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 | |
|
H017519
|
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 | |
|
F030423
|
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 | |
|
S076239
|
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 | |
|
S076103
|
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 | |
|
C024917
|
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 | |
|
B123246
|
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 | |
|
B139098
|
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 | |
|
B122853
|
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 | |
|
A087191
|
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 | |
|
B132583
|
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 | |
|
H019474
|
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 | |
|
D033316
|
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 | |
|
A085349
|
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 | |
|
D032125
|
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 | |
|
S012762
|
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 | |
|
D032061
|
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 | |
|
D031662
|
Murray v. Oceanside Unified School District
Anti-workplace harassment law forbids harassment at work based on sexual orientation. |
Employment Law |
|
Jun. 1, 2000 | |
|
E024929
|
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 | |
|
E025975
|
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 | |
|
B134955
|
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 | |
|
B134741
|
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 | |
|
B126081
|
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 | |
|
E023787
|
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 | |
|
A084875
|
Union Pacific Corp. v. Wengert
Comparative equitable indemnity is available only for that portion of settlement attributable to economic damages. |
Torts |
|
Jun. 1, 2000 |