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Name Category Published
McCabe v. Reed
DMV needn't disclose taxpayer information to facilitate class tax refund claim under statute requiring written authorization from each taxpayer in class. 		Taxation Nov. 4, 1999
Munoz v. City of Palmdale
Unpaid volunteer serving coffee at city's senior center is not an employee or servant of city for respondeat superior purposes. 		Torts Nov. 4, 1999
Farmers Insurance Exchange v. Jacobs
Insurer with no contractual obligations, due to lapsed policy, can't be held liable for breach of implied covenant of good faith. 		Insurance Nov. 4, 1999
Bennett v. Shahhal
Second 90-day notice of intent to bring medical malpractice suit doesn't toll one-year statute of limitations. 		Torts Nov. 4, 1999
People v. Hoxter
Officers may rely on consent to enter the residence given by defendant's 16-year-old daughter. 		Criminal Law and Procedure Nov. 4, 1999
People v. Superior Court (Perez)
Deportation of legal immigrant before receiving treatment benefits of Sexually Violent Predators Act doesn't violate equal protection clause. 		Criminal Law and Procedure Nov. 4, 1999
People v. Avila
Invocation of right to counsel must be during or right before custodial interrogation, and may not be asserted in an anticipatory manner. 		Criminal Law and Procedure Nov. 4, 1999
Fairbank v. City of Mill Valley (Lee)
Proposed 5,885 square-foot retail and office building is exempt from California Environmental Quality Act Guidelines. 		Environmental Law Nov. 4, 1999
People v. Beltran
Blanket invocation of right to counsel may nonetheless be waived by defendant during later custodial interrogation about an unrelated crime. 		Criminal Law and Procedure Nov. 4, 1999
People v. Somersall
Consultation of legal dictionary, provided by bailiff, for the definition of 'malice' is jury misconduct. 		Criminal Law and Procedure Nov. 4, 1999
Jordan v. California DMV
Motor vehicle smog impact fee is unconstitutional under the commerce clause of the U.S. Constitution. 		Constitutional Law Nov. 4, 1999
Redding Medical Center v. Bonta
Even if medical center's ledger doesn't directly allocate equipment costs, direct allocation according to usage is required where possible. 		Administrative Agencies Nov. 4, 1999
Kodani v. Reed
Officer had reasonable cause to detain driver who, from officer's perspective, did not appear to be wearing shoulder harness. 		Criminal Law and Procedure Nov. 4, 1999
R.S. Creative Inc. v. Creative Cotton Ltd.
Trial court properly imposes terminating sanctions where plaintiff repeatedly attempts to thwart the discovery process. 		Civil Procedure Nov. 4, 1999
People v. Castaneda
Trial court may select high aggregate base term for sentencing defendant as long as it does not exceed defendant's original aggregate term. 		Criminal Law and Procedure Nov. 4, 1999
People v. Jones
Defendant's prior guilty plea to federal bank robbery doesn't itself establish prior serious felony where bank robbery was not necessarily serious felony. 		Criminal Law and Procedure Nov. 4, 1999
San Francisco Forty-Niners v. Nishioka (Comstock)
Trial court may prohibit circulation of initiative petition that contains undisputed, objective falsehoods designed to mislead voters. 		Government Nov. 4, 1999
Ziello v. Superior Court (First Federal Bank of California)
Where appeal is only from trial court's order awarding attorney fees and costs, judgment debtor isn't required to file an appeal bond. 		Civil Procedure Nov. 4, 1999
Stevens v. Superior Court (API Automobile Insurance)
Private right of action available under Unfair Competition Act for failure to comply with licensing requirements of the Insurance Code. 		Insurance Nov. 4, 1999
Stevens v. Superior Court (API Automobile Insurance Services)
Private right of action available under Unfair Competition Act for failure to comply with licensing requirements of the Insurance Code. 		Insurance Nov. 4, 1999
Ung v. Boni (In re Boni)
Annulment of automatic stay can not be retroactively enforced where court is unable to fashion remedy for wrong. 		Bankruptcy Nov. 4, 1999
Moldo v. Matsco Inc. (In re Cybernetic Services Inc.)
Security interest in a patent is perfected by filing a financing statement with the secretary of state, not the U.S. Patent Office. 		Bankruptcy Nov. 4, 1999
Peatros v. Bank of America NT&SA
National Bank Act preempts state law employment suits where bank's Board approves of bank officer's termination. 		Employment Law Nov. 3, 1999
Marriage of Congdon
Parent with joint physical custody who isn't moving away can only modify custody decree by showing change in circumstances. 		Family Law Nov. 3, 1999
Wells Fargo Bank v. Superior Court (Boltwood)
Communications between trustee and counsel regarding trustee's potential liability on misconduct claims are privileged. 		Probate and Trusts Nov. 3, 1999
People v. Givens
Legal and scientific developments validate use of 'unmodified product rule' to quantify DNA test results. 		Criminal Law and Procedure Nov. 3, 1999
Potvin v. Metropolitan Life Insurance Co.
Doctor has right to fair procedure before membership in health care provider networks is terminated. 		Torts Nov. 3, 1999
Kransco v. American Empire Surplus Lines Insurance Co.
Award against insurer for bad faith isn't reduced by insured's comparative negligence as litigant. 		Insurance Nov. 3, 1999
People v. Diaz
Conviction for premeditated attempted murder is error since information charged defendant with lesser offense. 		Criminal Law and Procedure Nov. 3, 1999
People v. Martinez
Defendant is sentenced as habitual offender even though his record satisfies three strikes sentencing scheme. 		Criminal Law and Procedure Nov. 3, 1999
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