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Los Angeles Cellular Telephone Co. v. Superior Court (Spielholz)
Cellular telephone company's tariff limits its liability for negligence to $5,000.
Torts Apr. 1, 1999
Joseph R., a Minor
Minor's statement to officer is admissible despite lack of Miranda warnings because minor wasn't in custody.
Juveniles Apr. 1, 1999
Kirkpatrick v. Westamerica Bank
One action rule doesn't preclude foreclosure where lender amends complaint seeking other relief before trial.
Real Property Apr. 1, 1999
Sabek Inc. v. Engelhard Corp.
Direct estoppel bars service of amended complaint on party that already obtained ruling of no personal jurisdiction.
Civil Procedure Apr. 1, 1999
Pahl v. Commissioner of Internal Revenue
State law determines whether person is beneficial shareholder in S corporation for tax purposes.
Taxation Apr. 1, 1999
Foti v. City of Menlo Park
Ban on signs in public right-of-way, with content-based exceptions, is enjoined under First Amendment.
Constitutional Law Apr. 1, 1999
People v. Maguire
Attorney's failure to advise defendant of legal insufficiency of charges is ineffective assistance of counsel.
Criminal Law and Procedure Apr. 1, 1999
People v. Thrash
Order
Apr. 1, 1999
Keiffer v. Bechtel Corporation
Failure to exhaust administrative remedies doesn't necessarily deprive court of subject matter jurisdiction.
Civil Rights Apr. 1, 1999
Pacific Trends Lamp and Lighting Products, Inc. v. J. White, Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial.
Civil Procedure Apr. 1, 1999
People v. Hart
Penal Code doesn't authorize entry of interest-bearing civil money judgment covering restitution fine and costs.
Criminal Law and Procedure Apr. 1, 1999
People v. Simpson
Police needn't give Miranda warnings before asking suspect about weapons at house about to be searched.
Criminal Law and Procedure Apr. 1, 1999
In re Marriage of Newsome
Child custody jurisdiction favors child's home state, where they live, over the 'significant connection test.'
Family Law Apr. 1, 1999
People v. Reyes
Searches based on parole conditions may be conducted without reasonable suspicion.
Criminal Law and Procedure Apr. 1, 1999
Guardianship of Simpson
In proceeding terminating guardianship by father, failure to admit circumstances of mother's death requires reversal.
Family Law Apr. 1, 1999
Rochin v. Johnson
Amended judgment entered on an ex parte basis without notice to plaintiff is void.
Civil Procedure Apr. 1, 1999
In re Kacy S.
Courts have discretion to require urine tests for minors who are on probation.
Juveniles Apr. 1, 1999
Cathina W., a juvenile
'Non-appealable' order can be reviewed when juvenile court fails to give timely notice of procedures for relief.
Juveniles Apr. 1, 1999
In re Robert L.
Juvenile courts cannot extend jurisdiction beyond age of majority solely to provide special assistance.
Juveniles Apr. 1, 1999
Long v. City of Los Angeles
Action against city for recovery of personal property is exempt from Government Tort Claims Act.
Government Apr. 1, 1999
People v. Ortega
Convictions for both robbery and theft, during single carjacking, violates rule against lesser included offenses.
Criminal Law and Procedure Apr. 1, 1999
Federal Home Loan Mortgage Corporation v. La Conchita Ranch Company
Move to disqualify attorney is meritless when only a hypothetical conflict of interest exists.
Attorneys Apr. 1, 1999
Almalik S., a Minor
Custodial parent doesn't have standing to appeal juvenile delinquency decision.
Juveniles Apr. 1, 1999
Calvillo-Silva v. Home Grocery
Statute exempting real property owner from liability can't apply if use of intentional, deadly force was unjustified.
Torts Apr. 1, 1999
American Motorist Insurance Co. v. Superior Court (Montrose Chemical Corporation of California)
No jury trial right when initial determination of equitable claim makes legal claim moot.
Insurance Apr. 1, 1999
Garfield Medical Center v. Belshe
Using 'weighted mean' to determine disproportionate Medi-Cal patient share hospitals, doesn't violate federal statute.
Government Apr. 1, 1999
Jeanette V., a Juvenile
No due process violation when social worker's report is admitted without her testimony in dependency hearing.
Family Law Apr. 1, 1999
Miracle Auto Center v. The Superior Court of San Mateo County (Pacific Specialty Insurance Company)
In commercial general liability insurance policies, 'standard time' is the time presently in use in the state.
Contracts Apr. 1, 1999
Janis v. California State Lottery Commission
State lottery is immune from claims based on theory of misrepresentation.
Torts Apr. 1, 1999
Furtado v. Sierra Community College
Public agencies can make personnel decisions in closed session unless specific complaints are involved.
Government Apr. 1, 1999