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Name Category Published
Provost v. Superior Court (Aetna U.S. Healthcare Inc.)
Order summarily denied by court does not constitute opinion and, therefore, need not be published.
Civil Procedure May 1, 2000
DuPont Merck Pharmaceutical Co. v. Superior Court (Newman)
Equivalence of drug and its generic counterpart is public interest issue.
Torts Apr. 28, 2000
People v. Gadlin
Expert testimony explaining Battered Women's Syndrome is admissible even though victim did not recant incidents of abuse at time of trial.
Criminal Law and Procedure Apr. 28, 2000
Mike Davidov Co. v. Issod
If defendant does not produce financial records in violation of court order, court may award punitive damages without evidence of defendant's financial condition.
Torts Apr. 28, 2000
Glen C. v. Superior Court (Alameda County Social Services)
Petition for writ challenging decision to terminate reunification and set permanency planning hearing must comply with procedural requirements.
Juveniles Apr. 28, 2000
Transworld Systems Inc. v. County of Sonoma
Goods do not have to be delivered directly to customer to qualify for business inventory exemption.
Taxation Apr. 28, 2000
People v. Leonard
Court is not required to appoint new counsel when defendant's complaints are not based on counsel's competence.
Criminal Law and Procedure Apr. 28, 2000
Lund v. Bally's Aerobic Plus Inc.
Waiver and release provision contained in gym's standard membership contract also applies to personal training services.
Torts Apr. 28, 2000
Schmier v. Supreme Court of California
Rules governing publication of appellate court opinions are constitutional and do not conflict with statutory law.
Civil Procedure Apr. 28, 2000
People v. Mendoza
Third strike defendant can be sentenced by tripling minimum parole eligibility date.
Criminal Law and Procedure Apr. 28, 2000
Friends of the Trails v. Blasius
Civil Code Section 1009 does not extinguish or otherwise affect public easements acquired before statute's enactment.
Administrative Agencies Apr. 28, 2000
George v. County of San Luis Obispo
Sheriff executing writ of possession is immune from liability for wrongful eviction.
Real Property Apr. 28, 2000
Centex Golden Construction Co. v. Dale Tile Co.
Under agreement, general contractor is entitled to indemnification for claims filed regarding subcontractor's work, even though there was no negligence on subcontractor's part.
Contracts Apr. 28, 2000
State of California v. Superior Court (Underwriters at LLoyd's of London)
State acts as supervisor and regulator of groundwater, not as possessor or proprietor.
Real Property Apr. 28, 2000
Patience v. Snyder
Document to sever joint tenancy is deposited for recording only when all recordation requirements have been met.
Real Property Apr. 28, 2000
People v. Regalado
Proof by preponderance of evidence is required before jury may consider prior sexual offenses as evidence that defendant committed lewd act on child.
Criminal Law and Procedure Apr. 28, 2000
Etcheverry v. Tri-Ag Service Inc.
Failure to warn claims brought under state law are preempted by Federal Insecticide, Fungicide and Rodenticide Act.
Environmental Law Apr. 28, 2000
Lamont Storm Water District of Kern County v. Pavich
Storm water district does not have authority to file action to abate nuisance.
Real Property Apr. 28, 2000
G.L. Mezzetta Inc. v. City of American Canyon
Under state and local statutes, city may not enter into and be bound by oral contracts.
Government Apr. 28, 2000
Jacobus v. Krambo Corp.
Employer must indemnify employee for legal costs incurred to successfully defend coworker's sexual harassment lawsuit.
Employment Law Apr. 28, 2000
People v. Martin
Penal Code Section 22, which disallows evidence of voluntary intoxication to negate capacity to form mental state of crime, is constitutional.
Criminal Law and Procedure Apr. 28, 2000
Rose v. State Bar
Absence of written opinion and opportunity for oral argument do not deprive attorney of due process.
Attorneys Apr. 28, 2000
Lane v. Hughes Aircraft Co.
Appellate court must apply 'highly deferential standard' in determining whether lower court properly granted new trial.
Civil Procedure Apr. 28, 2000
People v. Williams
In spousal abuse case, court must consider defendant's argument that men were excluded from jury based solely on presumed group bias.
Criminal Law and Procedure Apr. 28, 2000
People v. Turner
Retrial is permitted if jury is unable to reach unanimous decision on whether defendant is sexually violent predator.
Criminal Law and Procedure Apr. 28, 2000
Schnall v. The Hertz Corp.
Lawsuit, alleging that car rental company concealed exorbitant fuel rates charged customers, sufficiently states claim for unfair and fraudulent business practices.
Business Law Apr. 28, 2000
Scheiding v. General Motors Corp.
Federal law forecloses state law causes of action against locomotive manufacturers for defective product design.
Torts Apr. 28, 2000
Haggis v. City of Los Angeles
Failure to establish city had mandatory duty to preserve developed property on unstable land precludes all claims against city.
Torts Apr. 28, 2000
Shipman v. Boething Treeland Farms,Inc.
Private property owner owes no duty to injured, recreational vehicle driver when driver was uninvited, non-paying recreational user of land.
Torts Apr. 28, 2000
People v. Rodriguez
Home office burglary constitutes burglary of dwelling even though home and office were not connected by interior door.
Criminal Law and Procedure Apr. 28, 2000