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Romo v. Y-3 Holdings Inc.
Courts will not compel arbitration where arbitration provision in employee handbook is severable and was not signed by employee.
Employment Law May 18, 2001
Galland v. City of Clovis
May 18, 2001
Beeghly v. Mack (In re Beeghly)
Trial court may not enter default judgment for possession based solely on failure to post bond under forcible entry and detainer statute.
Civil Procedure May 18, 2001
Marriage of Cochran
May 18, 2001
Gonzalez v. Hughes Aircraft Employees Federal Credit Union
Order
May 18, 2001
Steiny and Company v. Citicorp Real Estate
Order
May 18, 2001
Marriage of Egedi
One lawyer may review marriage settlement agreement on behalf of both parties if written waiver of potential conflict of interest is obtained.
Family Law May 18, 2001
People v. Salgado
Post-conviction dismissal of jury's verdict based on insufficiency of evidence is appealable and doesn't violate Double Jeopardy Clause.
Criminal Law and Procedure May 18, 2001
Ivan J., a Minor
Juvenile who gave police officer incorrect birth date and correct name is guilty of false identification.
Juveniles May 18, 2001
People v. Hoffman
Defendant waives right to appeal suppression motion by failing to renew motion before trial judge.
Criminal Law and Procedure May 18, 2001
General Electric Capital Auto Financial Services Inc. v. Superior Court (Harris)
Appellate division of superior court has jurisdiction to review small claims postjudgment order.
Civil Procedure May 18, 2001
Starzynski v. Capital Public Radio Inc.
Employee may not sue for breach of contract despite employer's oral reassurance of continued employment.
Employment Law May 18, 2001
Jennifer M. v. Redwood Women's Health Center
Private medical clinic is not government 'agency' under Information Practices Act.
Torts May 18, 2001
Barker v. Brown & Williamson Tobacco Corp.
Amendments to Civil Code in 1997 revoking tobacco company's immunity do not revive wrongful death action otherwise barred by statute of limitations.
Civil Procedure May 18, 2001
Jun v. Myers
Court does not have discretion to deny motion to sue receiver and motion to intervene in underlying action by determining claim lacks merit.
Civil Procedure May 18, 2001
Aguirre-Aguirre v. INS
Order
May 17, 2001
Palma-Rojas v. INS
Court did not have jurisdiction over deportation case governed by transitional rules of Illegal Immigration Reform and Immigrant Responsibility Act.
Immigration May 17, 2001
Browner v. AM Trucking Assns. Et al.
Court to decide whether EPA has authority to develop intelligible criteria for risk management decisions for national ambient air quality standards.
Environmental Law May 17, 2001
State v. McCarty
Information charging conspiracy to deliver controlled substance is fatally defective where it fails to allege involvement of more than two people.
Criminal Law and Procedure May 17, 2001
Sundquist v. Snohomish County Public Utility District No. 1
Developer isn't entitled to reimbursement for amount paid to public utility district for relocation of district's utility facilities.
Government May 17, 2001
Kent Farms Inc.v. Zurich Insurance Co
Insured's pollution exclusion clause is not applicable where faulty intake valve causes diesel fuel to back-flow over individual resulting in serious injury.
Insurance May 17, 2001
M.A. Mortenson Company Inc. v. Timberline Software Corp. & Softworks Data Systems
Limitation on consequential damages enclosed in shrink-wrap license accompanying software is enforceable against purchaser of licensed software.
Contracts May 17, 2001
Pennington v. Pennington
Meretricious relationship does not exist where couple lived together sporadically and did not significantly pool their resources
Family Law May 17, 2001
Weyerhaeuser Co. v. Commercial Union Insurance Co.
Among other things, excess insurer's duty to defend may not be triggered if primary insurer's obligation to pay still in force.
Insurance May 17, 2001
Ferland v. Conrad Credit Corp.
When granting attorney fee awards, judges must calculate correctly and must clearly explain reductions in hourly rates or billable hours.
Attorneys May 17, 2001
U.S. v. Espinoza
Sixth Amendment was not violated by giving 'deliberate ignorance' jury instruction or by admitting evidence of family members' drug offenses.
Criminal Law and Procedure May 17, 2001
Kohler v. Inter-Tel Technologies
California courts likely will adopt affirmative defense to employer liability for workplace harassment sent forth in federal case law.
Employment Law May 17, 2001
Mohave Valley Irrigation & Drainage District v. Norton
River water received by landowners in Arizona district must be counted toward district's overall entitlement to water.
Administrative Agencies May 17, 2001
Local Joint Executive Board of Culinary/Bartender Trust Fund v. Las Vegas Sands, Inc.
Court errs in denying class certification to would-be class of nonunion employees, but correctly finds that back pay under Act includes tips and holiday pay.
Labor Law May 17, 2001
Giebel v. Sylvester
No qualified immunity for state university professor who removed handbills advertising speaker's upcoming event.
Government May 17, 2001