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Name Category Published
People v. Trevino
Sentence enhancement for prior-murder special circumstance is improper where prior murder conviction was received as juvenile.
Criminal Law and Procedure Feb. 3, 2000
People v. Rodriguez
Hearing to contest race-neutral preemptory challenge doesn't have to be conducted by original trial judge when reasons are objectively verifiable.
Criminal Law and Procedure Feb. 3, 2000
Qualls v. Lake Berryessa Enterprises Inc.
Mobilehome owner is licensee, not tenant, and can sue park owner under breach of contract theory.
Contracts Feb. 3, 2000
Kramer v. State Farm Ins. Co.
Policy covering injury arising from ownership, maintenance, or use of premises doesnt cover owners molestation of child on premises, obsent casual connection.
Insurance Feb. 3, 2000
Novak v. Low, Ball & Lynch
Insurer's counsel has duty to include insured's independent counsel in settlement negotiations and to fully exchange information.
Insurance Feb. 3, 2000
Wise v. Pacific Gas and Electric Co.
Primary jurisdiction doctrine is properly applied in action against utility company.
Civil Procedure Feb. 3, 2000
Jamestown Builders Inc. v. General Star Indemnity Co.
No-voluntary-payments provision precludes coverage for expenses voluntarily incurred by insured where insured fails to notify insurer before paying out settlement.
Insurance Feb. 3, 2000
Estate of Justesen
Unreasonable delay by personal representative and probate court as to decedent's will, doesn't defeat beneficiary's interest regarding entitlement distribution.
Probate and Trusts Feb. 3, 2000
Gonzales v. Southern California Edison Company
Liable party in wrongful death action may not avoid series of lawsuits by additional heirs when there is sufficient notice of potential claims.
Torts Feb. 3, 2000
Evens v. Superior Court (Los Angeles Unified School District)
Statutes and privacy laws don't prohibit schools from using unconsented video recordings of teacher in classroom for disciplinary actions.
Government Feb. 3, 2000
City of Palo Alto v. Service Employees International Union, Local 715
Reinstatement of employee, despite court injunction requiring employee to stay away from co-worker's place of employment, violates public policy.
Employment Law Feb. 3, 2000
People v. Anderson
In second degree murder charge, mother's failure to care for child after unassisted birth is not per se implied malice.
Criminal Law and Procedure Feb. 3, 2000
Hoechst Celanese Corp. v. Franchise Tax Board
Pension revension is not considered business income for purposes of the Uniform Division of Income for Tax Purposes Act.
Corporations Feb. 3, 2000
People v. Adan
Medical expert's testimony to establish that party falsified symptoms is not prohibited by the Penal Code in workers' compensation fraud proceeding.
Criminal Law and Procedure Feb. 3, 2000
Sporich v. Superior Court (People)
Sexually Violent Predator Act neither expressly nor impliedly requires sexually violent predator to undergo additional psychiatric interviews to make them current.
Criminal Law and Procedure Feb. 3, 2000
People v. Martinez
Uncertified computer printouts reporting felon's criminal history are admissible as evidence under official records exception to hearsay rule.
Criminal Law and Procedure Feb. 3, 2000
People v. Johnson
Evidence Code Section 1109, which allows evidence of prior domestic violence in prosecution of domestic violence charge, doesn't violate due process.
Criminal Law and Procedure Feb. 3, 2000
People v. Rhoden
Prosecution may withdraw from plea bargain at any time before defendant pleads guilty or otherwise relies on plea bargain to his detriment.
Criminal Law and Procedure Feb. 3, 2000
People v. Ervin
Court properly imposed death penalty when first degree murder conviction is accompanied by special circumstances finding of murder committed for financial gains.
Criminal Law and Procedure Feb. 3, 2000
Writers Guild of America West Inc. v. City of Los Angeles
To pursue relief and raise constitutionality of business tax ordinance, home-based writers must first make tax payment then sue for refund.
Taxation Feb. 3, 2000
People v. Williams
Trial court's failure to commence trial prior to statutory deadline doesn't preclude court from retaining jurisdiction of case.
Criminal Law and Procedure Feb. 3, 2000
Florence Western Medical Clinic v. Coye
Medical clinic need not repay health agency for overpayment of Med-Cal fees where agency missed time limitations of former statute.
Administrative Agencies Feb. 3, 2000
Peatros v. Bank of America NT & SA
Federal banking act preempts the state's Fair Employment Housing Act to the extent the laws conflict.
Banking Feb. 3, 2000
Thomas v. Department of Corrections
Adverse employment actions require material change in employment terms, cognizable impairment of employment, or employment injury.
Employment Law Feb. 3, 2000
Thomas v. Department of Corrections
Adverse employment actions require material change in employment terms, cognizable impairment of employment, or employment injury.
Employment Law Feb. 3, 2000
Wells Fargo Bank N. A. v. Superior Court of Los Angeles County
Beneficiaries of private express trust are not entitled to privileged communications between trustee and attorney.
Probate and Trusts Feb. 3, 2000
People v. Anderson
In second degree murder charge, mother's failure to care for child after unassisted birth is not per se implied malice.
Criminal Law and Procedure Feb. 3, 2000
Local 535 Service Employees International Union v. City and County of San Francisco
Order
Feb. 3, 2000
Tandberg v. California Pacific Medical Center
Order
Feb. 3, 2000
Woodard v. Commercial Union Insurance Company
Order
Feb. 3, 2000