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Name Category Published
People v. Baker
Felony-murder rule doesn't elevate resulting death to first-degree murder where intended felony was assault with deadly weapon. 		Criminal Law and Procedure Sep. 23, 1999
Harris v. Rudin, Richman & Appel
Although alleged settlement agreement between law firm and former client is unenforceable, plaintiff can amend complaint to pursue breach of contract claim. 		Attorneys Sep. 23, 1999
People v. Gaston
Sentencing court abuses its discretion when striking prior felony conviction without first considering the 'spirit' of the three strikes law. 		Criminal Law and Procedure Sep. 23, 1999
CJS Co. v. WCAB
Workers' compensation claim by employee who voluntarily resigned is not barred by fraudulent claims provision of Labor Code. 		Workers' Compensation Sep. 23, 1999
People v. Aparicio
Waiver of right to appeal prior case is enforceable when part of a plea agreement in a subsequent case. 		Criminal Law and Procedure Sep. 23, 1999
Kleitman v. Superior Court (Wesley)
Court can't compel city council members to disclose personal recollections of closed city council meeting even if Brown Act violation alleged. 		Government Sep. 23, 1999
Neverkovec v. Fredericks
Broad general release doesn't release tortfeasor who was not party to release agreement, unless agreement was intended to release him. 		Torts Sep. 23, 1999
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. 		Criminal Law and Procedure Sep. 23, 1999
People v. Callahan
Defendant isn't precluded from introducing specific instances of good behavior, when state introduces evidence of defendant's prior bad acts. 		Criminal Law and Procedure Sep. 23, 1999
Dawnel D. v. Superior Court (Orange County Social Services Agency)
Where juvenile court determines during wrong time frame that parent and child aren't likely to reunify, re-examination of likely reunification is necessary. 		Juveniles Sep. 23, 1999
Berclain America Latina S.A. de C.V. v. Baan Co. N.V.
Nonparty lacks standing to enforce contractual forum selection clause. 		Civil Procedure Sep. 23, 1999
Holmes v. Lerner
The intent to jointly carry on a business for profit is the essential element in creating a partnership. 		Corporations Sep. 23, 1999
White v. Ultramar Inc.
A 'managing agent' is one who has substantial independent authority to determine corporate policy, not just the ability to hire and fire employees. 		Corporations Sep. 23, 1999
People v. Soto
Unmodified rule of DNA forensic analysis is generally accepted in the scientific community and admissible in a criminal prosecution. 		Criminal Law and Procedure Sep. 23, 1999
Pan Asia Venture Capital Corp. v. Hearst Corp.
Under Unfair Practices Act, computation of cost regarding newspaper advertising must be decided by jury, not judge. 		Torts Sep. 23, 1999
United Services Automobile Assn. v. Snappy Car Rental Inc. (Azares)
Car rental agreement and registration card are not indications of an automobile liability insurance policy under the insurance code. 		Insurance Sep. 23, 1999
Erlich v. Menezes
Where contractor's negligence causes homeowner only economic injury and property damage, claim for emotional distress based on breach of contract is precluded. 		Torts Sep. 23, 1999
Warden v. State Bar
MCLE exemptions for retired judges, full-time law professors, state officers, and elected officials do not violate equal protection. 		Constitutional Law Sep. 23, 1999
People v. Woods
Warrantless search of felon's house, conducted as pretext to discover evidence against felon's roommates, is constitutional. 		Criminal Law and Procedure Sep. 23, 1999
In re Sanders
Abandonment by counsel may excuse substantial delay in filing habeas corpus petition in capital murder case. 		Criminal Law and Procedure Sep. 23, 1999
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. 		Criminal Law and Procedure Sep. 23, 1999
Myricks v. Lynwood Unified School District
Neither school district nor city is liable for injury inflicted on students while attending off-site basketball tournaments. 		Torts Sep. 22, 1999
Hanson v. Lucky Stores Inc.
Disabled employee not wrongfully terminated where employer grants extra leave and offers alternate, albeit less desirable, job within work restrictions. 		Employment Law Sep. 22, 1999
Datig v. Dove Books, Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice. 		Civil Procedure Sep. 22, 1999
Zelig v. County of Los Angeles
County owes duty to take reasonable steps to provide security measures against foreseeable criminal activity in courthouse. 		Torts Sep. 22, 1999
DiLoreto v. Board of Education of the Downey Unified School District
Rejection of sign displaying 10 Commandments at fundraising event by public school officials is consistent with First Amendment. 		Constitutional Law Sep. 22, 1999
People v. Hustead
Defendant's allegations that officer's report contained material falsehoods is good cause entitling defendant to discovery of officer's personnel records. 		Criminal Law and Procedure Sep. 22, 1999
Vandenberg v. Superior Court (Centennial Insurance Co.)
Collateral estoppel doesn't prevent party to nonjudicial arbitration from relitigating issue against nonparty, unless there was agreement to that effect. 		Civil Procedure Sep. 22, 1999
Holmes v. Lerner
Corporations Sep. 22, 1999
Freedom Trust v. Chubb Group of Insurance Companies
Crime-fraud exception to attorney-client privilege doesn't apply to law firm's participation in client's bad faith denial of insurance claim. 		Attorneys Sep. 21, 1999
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