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Perez v. County of Santa Clara
Prison nurse failed to establish case of racial discrimination and retaliation.
Employment Law Dec. 9, 2003
Park v. Burlington Northern Santa Fe Railway Co.
Generator of hazardous waste is not liable for injuries suffered by employee of independent contractor.
Torts Dec. 8, 2003
Levy v. Skywalker Sound
Employee's claim for union wages is pre-empted by federal labor law.
Labor Law Dec. 8, 2003
Marron v. Superior Court (Hassanein)
Public entity may be liable for enhanced damages in lawsuit alleging dependent adult abuse.
Government Dec. 8, 2003
People v. Cleland
Prosecutor's comments on defendants' post-arrest silence was prejudicial error requiring retrial.
Criminal Law and Procedure Dec. 8, 2003
People v. Ciancio
Trial court erred in requiring treatment for alleged sexually violent predators held in county jail.
Civil Procedure Dec. 8, 2003
People v. Coryell
Where driver and passenger fled from car prior to defendant's taking, substantial evidence supports carjacking conviction.
Criminal Law and Procedure Dec. 8, 2003
In re Collins
Defendant did not suffer prejudice when court deviated from plea bargain and ordered direct victim restitution.
Criminal Law and Procedure Dec. 8, 2003
Marriage of Hixson
Spouse may not seek additional discovery regarding marital assets when exhaustive record already exists.
Family Law Dec. 8, 2003
Mason v. Retirement Board of the City and County of San Francisco
Public retirement board was not obligated to include cash payments for unused vacation and sick leave when calculating retirement benefits.
Government Dec. 8, 2003
Roman v. Superior Court (People)
Court rejects HIV positive petitioner's argument that he did not willfully endanger victim's life when he sodomized him.
Criminal Law and Procedure Dec. 8, 2003
KB Home v. Superior Court (Consolidated Industries Corp.)
Dec. 8, 2003
Orbe v. True
Order
Dec. 7, 2003
South FL Water Management v. Miccosukee Tribe
Order
Dec. 7, 2003
Tennesee v. Lane
Order
Dec. 7, 2003
Ashcroft v. ACLU
Order
Dec. 7, 2003
Southern California Underground Contractors Inc. v. City of San Diego
Contractor that administered city contract with deceit and corruption deserved permanent disbarment.
Government Dec. 5, 2003
Scripps Clinic v. Superior Court (Thompson)
Medical group's policy of terminating membership on filing of malpractice action does not constitute discrimination under Unruh Act.
Civil Rights Dec. 5, 2003
Sheffield v. Dept. of Social Services County of Los Angeles
Whether hostile work environment existed was factual question for trier of fact to resolve.
Employment Law Dec. 5, 2003
Uhrich v. State Farm Fire & Casualty Co.
Insurer had no duty to defend or indemnify insured whose malicious actions were not within terms of policy.
Insurance Dec. 5, 2003
California Assn. of Retail Tobacconists v. State of California
Law that increases excise tax on tobacco products does not violate state constitution.
Taxation Dec. 5, 2003
Robert B. v. Susan B.
In parentage action, woman with no gestational or genetic relationship to child is not 'interested person' within meaning of Family Code Section 7650.
Family Law Dec. 5, 2003
People v. Spence
Good faith exception to exclusionary rule does not permit admission of evidence seized in probation search.
Criminal Law and Procedure Dec. 5, 2003
Fagan v. Superior Court (People)
District attorney cannot publicly disclose urinalysis results contained in police personnel files.
Government Dec. 5, 2003
Assn. of California State Attorneys and Administrative Law Judges v. Dept. of Personnel Administration
State Personnel Board has standing to challenge labor contracts that restrict its review of disciplinary actions; contracts violate constitutional mandate.
Labor Law Dec. 5, 2003
Smith v. International Brotherhood of Electrical Workers, Local Union 11
Labor-Management Reporting and Disclosure Act does not pre-empt claims for wrongful discharge based on age and disability discrimination.
Labor Law Dec. 5, 2003
Tarpy v. County of San Diego
County is not immune from suit under Food and Agriculture Code, however, release of county from liability is valid.
Torts Dec. 5, 2003
Rail Services of America v. State Compensation Insurance Fund
Workers' compensation insurer did not violate duty to set reasonable minimum premium; company had right to make minimum premium nonrefundable.
Insurance Dec. 5, 2003
Rawls v. Zamora
Person seeking sheriff's office who lacked law enforcement experience was properly denied write-in candidacy.
Government Dec. 5, 2003
Rodriguez v. Superior Court (Crystal B.)
Period to file action against foster parent is coextensive with filing claim with Foster Family Home and Small Family Home Insurance Fund.
Juveniles Dec. 5, 2003