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Name Category Published
People v. La Stelley
Defendant is improperly convicted of both robbery and grand theft where defendant's conduct constituted one continuous crime.
Criminal Law and Procedure Aug. 4, 1999
Delgado v. American Multi-Cinema Inc.
No cause of action exists against movie theater for allowing unaccompanied minor watch 'R'-rated movie which allegedly caused minor to kill someone after viewing film.
Torts Aug. 4, 1999
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata.
Torts Aug. 4, 1999
Building Industry Legal Defense Foundation v. Superior Court (City of San Juan Capistrano)
City cannot adopt interim ordinance that prohibits the processing of development applications, such as a tentative subdivision map.
Real Property Aug. 4, 1999
Steiny and Company, Inc. v. Citicorp Real Estate, Inc.
Amount construction lender pays itself for interest accrued on loan doesn't have to be disclosed to claimant under 'stop notice laws.'
Banking Aug. 4, 1999
State Farm Mutual Automobile Insurance Co. v. Federal Insurance Co.
Attorney retained by insurance company to represent insured also has an attorney-client relationship with company for disqualification purposes.
Attorneys Aug. 4, 1999
Estate of Martin
Executor breaches fiduciary duty by personally benefiting from sale of estate property, and the sale is void.
Probate and Trusts Aug. 4, 1999
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea.
Criminal Law and Procedure Aug. 4, 1999
Curle v. Superior Court (Gleason)
Where underlying facts are in dispute, judge can't be disqualified unless trial court's factual findings are supported by substantial evidence.
Judges Aug. 4, 1999
Ellis v. City of San Diego
Doctor who performs medical procedure without plaintiff's consent, isn't shielded from civil rights suit under California's Medical Injury Compensation Reform Act.
Civil Rights Aug. 4, 1999
People v. Williams
Resisting an executive officer by means of force is a crime of moral turpitude.
Criminal Law and Procedure Aug. 4, 1999
Levy v. American Honda Motor Co. Inc.
Order
Aug. 4, 1999
Brayley v. Gary L. as District Attorney Lacy
Order
Aug. 4, 1999
Viad Corporation v. Superior Court (Kirkland)
Review granted
Aug. 4, 1999
People v. Hedge
Pending court review of defendant's first commitment to mental health facility, based upon sexually violent predator status, doesn't bar separate, subsequent commitment.
Criminal Law and Procedure Aug. 4, 1999
People v. Manriquez
Nongang member who fires upon gang members in drive-by shooting can be convicted of aiding and abetting in first-degree murder.
Criminal Law and Procedure Aug. 4, 1999
Premium Commercial Services Corp. v. National Bank of California
Failure to include key provision in a settlement offer is not a mistake warranting relief from judgment.
Civil Procedure Aug. 4, 1999
Flores on Habeas Corpus
Order
Aug. 4, 1999
Pruitt v. General Motors Corp.
Jury instruction on consumer expectations test isn't required where injury results from occurrence that isn't within a consumer's 'everyday experience.'
Torts Aug. 4, 1999
Sanders v. American Broadcasting Companies Inc.
Employees may enjoy a limited expectation of privacy in workplaces that are not open to the public.
Torts Aug. 4, 1999
Kroll & Kroll v. Paris & Paris
Indemnity may not be sought in a malpractice action from counsel who concurrently, but independently, also represents the client.
Attorneys Aug. 4, 1999
People v. Stanley
Search warrant isn't required for police to ask electric company to install surveillance meter on utility pole on suspect's property.
Criminal Law and Procedure Aug. 4, 1999
Smith v. Maldonado
Disseminating truthful and accurate newspaper article with 'highlighted' passages doesn't constitute defamation.
Torts Aug. 4, 1999
Miguel V. v. Superior Court (Orange County Social Services Agency)
Substantial compliance by incarcerated parent with juvenile court's reunification plan prevents it from terminating reunification services.
Family Law Aug. 4, 1999
Palm Springs Tennis Club v. Rangel
To maintain a libel cause of action, reasonable reader must impute to a statement a meaning which tended to harm reputation of plaintiff.
Torts Aug. 4, 1999
Bowen v. WCAB
Professional athlete living in California, who contracts with out-of-state team in California, is entitled to state workers' compensation benefits.
Workers' Compensation Aug. 4, 1999
Daks v. Franchise Tax Board
Pension income earned in another state, but distributed after taxpayer becomes a California resident, is taxable.
Taxation Aug. 4, 1999
People v. Thornton
Trial court abuses its discretion in striking prior convictions when it fails to consider particulars of defendant's background, character, and prospects.
Criminal Law and Procedure Aug. 4, 1999
Zachary H., a Minor
A 'showing of unfitness' is required only when it relates to the termination of parental rights, not when it involves custody of a minor.
Family Law Aug. 4, 1999
Ariel H., a Minor
Unwed biological father is the presumed father of his natural child only if he promptly assumes parental responsibilities.
Family Law Aug. 4, 1999