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Name Category Published
Barnes v. WCAB
WCAB may terminate a provisional award of medical treatment more than five years after date of injury.
Labor Law Sep. 7, 1999
State v. Tamplin
The trial court was proper in its jury instruction regarding the defendant's knowledge of the wrongfulness of his conduct.
Criminal Law and Procedure Sep. 7, 1999
Nebel v. Sulak
Judgment debtor examinations are public judicial proceedings and may be observed by disinterested third parties.
Civil Procedure Sep. 7, 1999
Ziman v. Fireman's Fund Insurance Co.
Liability policy's coverage for 'advertising injury' does not extend to hanging infringing painting in building lobby for broker's open house.
Insurance Sep. 7, 1999
Davis v. Wood-Mizer Products Inc.
Defendant that pays judgment and also indemnifies settling defendant may not complain of plaintiff's excessive recovery.
Torts Sep. 7, 1999
People v. Douglas
Order suspending defendant's sentence, granting probation, and declaring charged offenses to be misdemeanors isn't appealable.
Criminal Law and Procedure Sep. 6, 1999
DeBerard Properties Ltd. v. Lim
Borrower can't waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust.
Contracts Sep. 6, 1999
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money.
Criminal Law and Procedure Sep. 6, 1999
Eric A., a Minor
Acknowledging that conditions still exist would justify juvenile court's initial assumption of jurisdiction waives right to appeal.
Juveniles Sep. 6, 1999
Real v. Compton
Termination of officer because of inability to perform patrol duties insufficient to establish perception of disability under Americans with Disabilities Act.
Employment Law Sep. 6, 1999
Saunders v. Weissburg & Aronson
Although attorney has fiduciary duty to clients to protect client's interests, that duty doesn't extend to co-counsel.
Attorneys Sep. 6, 1999
Gibbs v. American Airlines Inc.
Notice to employer of cold or flu-like symptoms is not notice of a 'serious health condition' triggering state medical leave requirements.
Employment Law Sep. 6, 1999
Depper v. Superior Court (People)
Summary probation revocation isn't determination of contested fact, and doesn't trigger time limitations on judicial peremptory challenge.
Judges Sep. 6, 1999
People v. Duke
Admission of out-of-court statements by nontestifying co-defendant doesn't violate confrontation clause.
Criminal Law and Procedure Sep. 6, 1999
Baby Girl B., a minor.
Refusal to hold evidentiary hearing before denying adoption petition and removing child from custody violates statute.
Family Law Sep. 6, 1999
Gordon's Cabinet Shop v. State Compensation Insurance Fund
In coordination proceedings, the five-year statute of limitations is not tolled unless a stay is granted.
Civil Procedure Sep. 6, 1999
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant.
Criminal Law and Procedure Sep. 6, 1999
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law.
Criminal Law and Procedure Sep. 6, 1999
Pfau v. Kim's Hapkido
Police officer engaging in martial arts training assumes risk of injury.
Torts Sep. 6, 1999
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial.
Real Property Sep. 6, 1999
County of Los Angeles v. Superior Court (Schonert)
California's survival statute precluding husband of deceased wife from recovering pain and suffering for state law claims also applies to federal claims.
Torts Sep. 6, 1999
Agnew v. California State Board of Equalization
Payment of accrued interest on tax deficiency is not prerequisite to administrative refund claim or action for refund of taxes.
Taxation Sep. 6, 1999
People v. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time.
Criminal Law and Procedure Sep. 6, 1999
Casey v. Overhead Door Corp.
One defendant's assignment to plaintiffs of cross-complaint against another defendant as part of settlement gives plaintiffs actual authority to proceed on cross-complaint.
Torts Sep. 6, 1999
Aliberti v. Allstate Insurance Co.
Although apartment building policy provides one-year statutory period to file suit against insurance company, period is equitably tolled if claim never formally denied in writing.
Insurance Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
People v. Newman
Defendant may stipulate to felon status, without advisement by court of rights to jury trial, confront witnesses, and against self-incrimination.
Criminal Law and Procedure Sep. 6, 1999
Associated Builders and Contractors Inc. v. San Francisco Airports Commission
Prehire agreement for large-scale, complex, public-works construction project, which includes no-strike clause, is constitutional.
Labor Law Sep. 6, 1999
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself.
Civil Procedure Sep. 6, 1999
Lavidas v. Smith
Purchaser of deed is entitled to property despite county treasurer's failure to strict adhere to statute.
Real Property Sep. 6, 1999