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Professional Engineers in California Government v. State Personnel Board
Career Executive Assignment program regulations that allow selection of applicants without ranking violate constitutional requirement that system be based on merit.
Employment Law Aug. 22, 2001
Styne v. Stevens
Talent Agencies Act's one-year statute of limitations does not bar Act-based defense in breach of contract action.
Civil Procedure Aug. 22, 2001
Cornette v. Dept. of Transportation
Whether government has lost design immunity for dangerous condition of its property is question for jury, not court, to decide.
Torts Aug. 22, 2001
In re Jamie R.
Termination of parental rights is proper where likelihood of adoption was strong and benefit outweighed detriment of separating children from their mother.
Family Law Aug. 22, 2001
Deauville Restaurant Inc. v. Superior Court (Taylor)
Court errs in denying peremptory challenge when second application for writ of attachment isn't motion for reconsideration, but instead is renewed motion.
Civil Procedure Aug. 22, 2001
Porter v. United Services Automobile Association
Order denying arbitration in California but advising arbitration in other state may be appealed.
Civil Procedure Aug. 22, 2001
Morson v. Superior Court (Medline)
Consumer expectation test is not available to plaintiffs alleging design defect of latex gloves where claim involves latex related allergies.
Torts Aug. 22, 2001
People v. Salas
Aug. 22, 2001
People v. Morgan
Attorney's failure to determine, before entry of plea, whether foreign convictions charged as strikes are strikes under California law constitutes ineffective assistance.
Criminal Law and Procedure Aug. 22, 2001
California State University, Fresno Association, Inc. v. Superior Court (McClatchy Co.)
University is required to disclose public documents that reveal identities of donors who donated money to fund university's new multi-purpose arena.
Government Aug. 22, 2001
Haskett v. Villas at Desert Falls
Trustee is only personally liable if he intentionally or negligently acted or failed to act appropriately in administration of trust.
Probate and Trusts Aug. 22, 2001
People v. Mitchell
Appellate court has authority to correct clerical error in abstract of judgment.
Civil Procedure Aug. 22, 2001
Pearl v. WCAB
Workers' Compensation Appeals Board must use Government Code Section 20046 to determine whether injury is industrial under Public Employees' Retirement Law.
Workers' Compensation Aug. 22, 2001
People v. Toledo
Defendant committed crime of attempted criminal threat when he threatened to kill his wife.
Criminal Law and Procedure Aug. 22, 2001
People v. Otto
Multiple hearsay documentary evidence in sexually violent predator proceeding is permitted by statute and does not violate due process.
Criminal Law and Procedure Aug. 22, 2001
Levy v. PacifiCare of California
Medicare Act requires exhaustion of administrative remedies before court can hear case.
Insurance Aug. 21, 2001
State v. Hernandez
Defendant not entitled to jury instructions on entrapment defense when he fails to demonstrate that law enforcement agent originated idea of drug sale.
Criminal Law and Procedure Aug. 21, 2001
Shah v. Superior Court (Medical Board of California)
Order
Aug. 21, 2001
People v. Hardacre
Aug. 21, 2001
Ho v. DAI HWA Electronics (In re Ho)
Order
Aug. 21, 2001
Prichard v. Liberty Mutual Insurance Co.
Insurer does not breach its duty when it unilaterally reserves right to reimbursement for claim that may not be covered by policy.
Insurance Aug. 21, 2001
Safeco Insurance Co. v. Robert S.
Order
Aug. 21, 2001
Prichard v. Liberty Mutual Insurance Co.
Insurer does not breach its duty when it unilaterally reserves right to reimbursement for claim that may not be covered by policy.
Insurance Aug. 21, 2001
In re Eileen A.
Parent who received inaffective assistance of counsel is entitled to petition for modification of order terminating parental rights.
Family Law Aug. 21, 2001
In re Carrie M.
Parent may raise ineffective assistance of counsel claim by habeas corpus petition to contest parental rights termination.
Juveniles Aug. 21, 2001
Ferrell v. County of San Diego
Owner of property being taken or damaged by public entity has duty to take reasonable steps to minimize loss.
Real Property Aug. 21, 2001
Presley Homes Inc. v. American States Insurance Company
Insurer must provide defense for additional insured for entire action as matter of public policy in construction defect litigation.
Insurance Aug. 21, 2001
Cwynar v. City and County of San Francisco
Plaintiffs alleged sufficient facts for trial court to consider wheher Proposition G is unconstitutional as government taking without just compensation.
Constitutional Law Aug. 21, 2001
State Farm Fire & Casualty Co. v. Pietak
Party is entitled to relief when failure to file compulsory cross-complaint is due to attorney's reasonable mistake.
Civil Procedure Aug. 21, 2001
In re Lance V.
Mother denied due process when court reduced her visitation rights without giving her proper notice of potential modification.
Family Law Aug. 21, 2001