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Name Category Published
People v. Son
Court's refusal to instruct jury on voluntary manslaughter as lesser included offense of murder, based on theory of imperfect duress, is proper. 		Criminal Law and Procedure May 5, 2000
People v. Needham
Authorities may conduct inventory search of motorcycle driven by accused, along with duffel bag temporarily attached to motorcycle. 		Criminal Law and Procedure May 5, 2000
Howard Jarvis Taxpayers Association v. City of Los Angeles
Lawsuit attacking city ordinance, which extends business tax to persons engaged in home occupations, is barred by statute of limitations. 		Taxation May 5, 2000
People v. Davis
Defendant is eligible for diversion program despite prior felony conviction. 		Criminal Law and Procedure May 5, 2000
Cruz v. Briseno
Sheriff's deputy is immune from suit for pursuing speeding motorist without siren or lights. 		Government May 5, 2000
Steiny and Company Inc. v. California Electric Supply Co.
Court may bar plaintiff's damage evidence where plaintiff's invocation of trade secrets privilege prevents defendant from examining basis of plaintiff's damage claim. 		Corporations May 5, 2000
Pacific Bell v. PUC
Public utility service may not make proposed tariff changes without following the PUC's formal procedures. 		Administrative Agencies May 5, 2000
First State Insurance Co. v. Superior Court (Jalisco Corporation Inc.)
Court may not issue an order precluding any party from filing a summary judgment motion. 		Civil Procedure May 5, 2000
Silver v. Los Angeles County Metropolitan Transportation Authority
Metropolitan Transportation Authority must obtain social security coverage for employees, but is not required to force employees to participate. 		Government May 5, 2000
People v. Sakarias
Argument that prosecutor made inconsistent factual theories and knowingly made false arguments should be decided on petition for habeas corpus, not direct appeal. 		Criminal Law and Procedure May 5, 2000
Morillion v. Royal Packing Co.
Employees required to travel to work site on employer's buses must be paid for travel time. 		Employment Law May 5, 2000
People v. Ramirez
Active involvement in chop shop operation is sufficient to establish that defendant 'operated' chop shop in violation of Vehicle Code Section 10801. 		Criminal Law and Procedure May 5, 2000
Kuykendall v. WCAB
Previously undiscovered evidence submitted after mandatory settlement conference as rebuttal to trial testimony is admissible when necessary to accomplish substantial justice. 		Workers' Compensation May 5, 2000
Union Oil Company of California v. City of Los Angeles
Business is entitled to tax refund from city, but not attorney fees. 		Taxation May 5, 2000
Valley Presbyterian Hospital v. Superior Court (Homel)
In wrongful death action, court may not order hospital to produce employees to be interviewed by plaintiff's counsel. 		Civil Procedure May 5, 2000
Vo v. Las Virgenes Municipal Water District
In employment dispute, attorney fee award is proper where opposing party doesn't produce adequate record to show abuse of discretion by trial court. 		Employment Law May 5, 2000
Bailey v. Reliance Insurance Co.
Workers' compensation carrier cannot file motion under Civil Procedure Code Section 877.6 that employee settled claim in bad faith. 		Workers' Compensation May 5, 2000
Aloha Pacific Inc. v. California Insurance Guarantee Association
California Insurance Guarantee Association may contest whether claim is within coverage of insurance policy issued by insolvent insurer. 		Insurance May 5, 2000
Lear v. Board of Retirement of the San Diego County Employees Retirement Association
County employees with favorable tier status for retirement benefits are not entitled to same tier status when later hired by reciprocal county. 		Government May 5, 2000
California Medical Assn. v. Regents of the University of California
University of California, as teaching and research facility, is excluded from Business and Professions Code Section 2400. 		Business Law May 5, 2000
Greene v. Cutler
Action to recover child support arrearages may brought at any time until support judgment is paid in full. 		Family Law May 5, 2000
Smith v. WCAB
Police officer, who injures himself at work by punching wall, is entitled to workers' compensation benefits. 		Workers' Compensation May 5, 2000
Guess? Inc. v. Superior Court (Kirkland)
Right to arbitrate is waived where defendant fails to assert arbitration as affirmative defense and participates in discovery before asserting its right. 		Civil Procedure May 5, 2000
Shade Foods Inc. v. Innovative Products Sales & Marketing Inc.
In bad faith lawsuit, punitive damages award is excessive where insurer's conduct does not amount to conscious disregard for insured's rights. 		Insurance May 5, 2000
Families Unafraid to Uphold Rural El Dorado County v. El Dorado County Board of Supervisors (Cook Ranch Partners)
Plaintiffs' nonfinancial interest is relevant factor to consider whether to award attorney fees under Code of Civil Procedure Section 1021.5. 		Civil Procedure May 5, 2000
People v. Felix
Court may impose full term sentence enhancement on attempted murder conviction. 		Criminal Law and Procedure May 5, 2000
Alford v. DMV
DMV may impose a more severe penalty than that recommended by the administrative law judge. 		Administrative Agencies May 5, 2000
Lanagan v. City of El Monte
City council appointee may not serve as trier of fact at disability retirement benefits appeal hearing. 		Government May 5, 2000
Wilner v. Sunset Life Insurance Co.
Order 		May 5, 2000
Leone v. Medical Board of California
Statute may provide, without violating state constitution, that appellate review of physician licensing matters may only be obtained through extraordinary writ. 		Administrative Agencies May 5, 2000
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