| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B137690
|
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Order summarily denied by court does not constitute opinion and, therefore, need not be published.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 | |
|
G024013
|
DuPont Merck Pharmaceutical Co. v. Superior Court (Newman)
Equivalence of drug and its generic counterpart is public interest issue. |
Torts |
|
Apr. 28, 2000 | |
|
B127987
|
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 | |
|
B130661
|
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 | |
|
A089244
|
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 | |
|
A085672
|
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 | |
|
C027404
|
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 | |
|
B127903
|
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 | |
|
A085177
|
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 | |
|
E025276
|
People v. Mendoza
Third strike defendant can be sentenced by tripling minimum parole eligibility date. |
Criminal Law and Procedure |
|
Apr. 28, 2000 | |
|
C031330 and C032253
|
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 | |
|
B125212
|
George v. County of San Luis Obispo
Sheriff executing writ of possession is immune from liability for wrongful eviction. |
Real Property |
|
Apr. 28, 2000 | |
|
D030452
|
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 | |
|
E025472
|
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 | |
|
E022682
|
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 | |
|
G023383
|
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 | |
|
S072524
|
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 | |
|
F031580
|
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 | |
|
A085136
|
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 | |
|
A087995
|
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 | |
|
F029478
|
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 | |
|
S062859
|
Rose v. State Bar
Absence of written opinion and opportunity for oral argument do not deprive attorney of due process. |
Attorneys |
|
Apr. 28, 2000 | |
|
S059064
|
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 | |
|
B130417
|
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 | |
|
D033138
|
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 | |
|
A083939
|
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 | |
|
S073196, A076333, A076341, A076352 and A076730
|
Scheiding v. General Motors Corp.
Federal law forecloses state law causes of action against locomotive manufacturers for defective product design. |
Torts |
|
Apr. 28, 2000 | |
|
S074364
|
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 | |
|
B126426
|
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 | |
|
F031606
|
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 |