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Hahn v. Superior Court (Specialty Restaurants Corp.)
Writ of supersedeas staying enforcement of portion of judgment pending appeal is appropriate when party appears to ignore applicability of statutory provisions.
Civil Procedure Nov. 30, 2000
Beroiz v. Wahl
California's absolute privilege protecting communications occurring during litigation applies to conduct in Mexico thereby making summary judgment appropriate in defamation case.
Civil Procedure Nov. 30, 2000
Van Wagner Communications Inc. v. City of Los Angeles
Spacing ordinance does not apply to billboard when it is not on same side of same street as existing billboard.
Real Property Nov. 30, 2000
Vedanta Society of Southern California v. California Quartet Ltd.
Appeal of environmental impact report certified by unelected planning commission must be affirmed by majority vote of elected body.
Environmental Law Nov. 30, 2000
People v. Allen N, a Minor
After committing minor to California Youth Authority juvenile court does not have authority to regulate minor's rehabilitation.
Juveniles Nov. 30, 2000
Quinn v. City of Los Angeles
Disability claim dismissed when individual's hearing impairment would have prevented him from being hired as police officer.
Employment Law Nov. 30, 2000
People v. Loyd
Two or more offenses of the same class may be joined together unless party seeking severance establishes substantial danger of prejudice.
Criminal Law and Procedure Nov. 30, 2000
Wagner v. Apex Marine Ship Management Corp.
Time to commence litigation in asbestos related personal injury cases doesn't begin to run on separate and distinct related diseases until they become manifest.
Torts Nov. 30, 2000
Alesi v. Board of Retirement of the San Diego City Employees' Retirement System
City may deny disability benefits where employee's original injury was merely aggravated by employment-related injuries.
Employment Law Nov. 30, 2000
People v. Ortega
Two convictions arising from same act may both stand if punishment for lesser offense is stayed.
Criminal Law and Procedure Nov. 30, 2000
Lester v. Lennane
Judge's temporary order awarding physical custody to mother was not motivated by gender bias.
Family Law Nov. 30, 2000
People v. Harvest
Restitution to victim ordered after criminal appeal does not constiutute 'punishment' and does not violate double jeopardy clause.
Criminal Law and Procedure Nov. 30, 2000
Citicorp North America, Inc. v. Franchise Tax Board
Corporate affiliate located out of state may be assessed franchise tax under unitary method of taxation.
Taxation Nov. 30, 2000
People v. Shamrock Foods Co.
State law governing milk and its products does not adopt less stringent federal standards.
Government Nov. 30, 2000
Minster v. Contadina Foods Inc.
Employee of independent contractor may not pursue claim for negligent hiring against hirer of independent contractor.
Torts Nov. 30, 2000
Pacific Gas and Electric Co. v. Public Utilities Commission
Law prohibiting public utility from including political inserts in billing envelopes is unconstitutional.
Constitutional Law Nov. 30, 2000
Citicorp North America Inc. v. Franchise Tax Board
Corporate affiliate located out of state may be assessed franchise tax under unitary method of taxation.
Taxation Nov. 29, 2000
Jacobson v. Snyder
DMV report bearing department emblem must include subscription for proper authentication and admission into evidence.
Criminal Law and Procedure Nov. 29, 2000
Shaw v. Hughes Aircraft Co.
Aggrieved nonparty who moves for judgment notwithstanding the verdict and new trial has standing to appeal.
Civil Procedure Nov. 29, 2000
Wilshire-Doheny Associates Ltd v. Shapiro
Indemnity provision entitles employees to recover attorney fees because they were acting on behalf of corporation.
Corporations Nov. 29, 2000
Lammers v. Superior Court (Lammers)
Court's 'pre-read' rule is facially constitutional, but unconstitutional as applied to litigant.
Constitutional Law Nov. 29, 2000
Welch v. State of California
Woman lacks standing to sue as putative spouse when she lacks good faith belief that she was lawfully married.
Family Law Nov. 29, 2000
Edgerton v. State Personnel Board (Dept. of Transportation)
Caltrans' off-duty drug testing policy violates employees' constitutional right to privacy.
Employment Law Nov. 29, 2000
Carpenters Health & Welfare Trust Fund for California v. McCracken
ERISA does not pre-empt common law breach of contract action.
Employment Law Nov. 29, 2000
People v. Tye
Parole-revocation fine is proper when prison sentence, and period of parole have been imposed, but its execution has been suspended.
Criminal Law and Procedure Nov. 29, 2000
Parker v. Powell
Where trust assets are transmuted from community to separate property at decedent's death, husband's revocation results in disposition of one-half interest according to decedent's will.
Probate and Trusts Nov. 29, 2000
Estate of McGuigan
Niece's failure to specify decedent's son in petition to claim escheated estate constitutes extrinsic fraud sufficient to set aside order of distribution.
Probate and Trusts Nov. 29, 2000
Guz v. Bechtel National Inc.
Implied contract of employment security does not exist in employee's at-will employment agreement with employer.
Employment Law Nov. 29, 2000
Edgar O. v. Superior Court (Lso Angeles County Dept. of Children and Family Services)
Incarcerated parent may be denied parental rights despite lack of conviction.
Juveniles Nov. 29, 2000
Wagner v. Apex Marine Ship Management Corp.
Time to commence litigation in asbestos related personal injury cases doesn't begin to run on separate and distinct related diseases until they become manifest.
Torts Nov. 29, 2000