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R.P. Richards Inc. v. Chartered Construction Corp.
Subcontractor entitled to attorney fees in cause of action against contractor's surety released by settlement agreement between contractor and subcontractor.
Contracts Oct. 3, 2000
City of Barstow v. Mojave Water Agency
Water allocation to address water shortage must consider vested rights and priorities of water rights holders.
Real Property Oct. 3, 2000
Marriage of Bond
One party not being represented by counsel is only one of several factors to consider in determining whether premarital agreement was entered into voluntarily.
Family Law Oct. 3, 2000
Marriage of Pendleton
Premarital agreement in which parties waive right to spousal support in case of dissolution is enforceable.
Family Law Oct. 3, 2000
Tenderloin Housing Clinic Inc. v. Astoria Hotel Inc.
City certification of hotel's tourist units sufficient to make tourist rental of rooms permitted conditional use under zoning ordinances.
Real Property Oct. 3, 2000
Kimberly H. v. Superior Court (San Diego County Health and Human Services Agency)
Parent denied reunification service has no right to contested hearing on probability of child's return.
Family Law Oct. 3, 2000
Cadiz Land Co. Inc. v. Rail Cycle L.P.
Report with insufficient information regarding potential groundwater contamination by proposed landfill should not be certified.
Environmental Law Oct. 3, 2000
Friends of Mammoth v. Town of Mammoth Lakes Redevelopment Agency
Environmental impact report for redevelopment plan must contain as much environmental review as possible.
Environmental Law Oct. 3, 2000
People v. Phillips
Test that determines insanity of an accused is also standard by which to determine status as idiot.
Criminal Law and Procedure Oct. 3, 2000
Cruz v. Homebase
Corporation is not liable for punitive damages when store supervisor, not managing agent, has actual knowledge of employee's malicious misconduct.
Torts Oct. 3, 2000
People v. Steele
Brandishing firearm is not lesser included offense of assault with firearm and therefore needs no separate jury instruction.
Criminal Law and Procedure Oct. 3, 2000
Anserv Insurance Services Inc. v. Kelso
California Department of Insurance has jurisdiction to regulate conduct of insurance agents regardless of where acts occurred.
Administrative Agencies Oct. 3, 2000
Johnson v. City of Loma Linda
Public employee's adverse findings in administrative proceeding are binding in discrimination claims under state fair employment act but not federal civil rights act.
Employment Law Oct. 3, 2000
People v. Mendoza
California Supreme Court upholds death penalty where defendant commits murder during commission of robbery, rape and arson.
Criminal Law and Procedure Oct. 3, 2000
People v. Hector
Minor's request to speak to his mother during police questioning does not invoke his Miranda rights.
Criminal Law and Procedure Oct. 3, 2000
People v. Lawrence
Consecutive sentences are not mandated under three strikes law if all current convictions committed on same occasion or arise from same set of operative facts.
Criminal Law and Procedure Oct. 3, 2000
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer.
Criminal Law and Procedure Oct. 3, 2000
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error.
Criminal Law and Procedure Oct. 3, 2000
U.S. v. Powell
Judge's rejection of dismissal for cause of jurors upheld because actual and implied bias not found.
Criminal Law and Procedure Oct. 3, 2000
Wells v. Shalala
Employee who fails to provide proposed reasonable accommodation does not qualify for relief for alleged discrimination based on disability.
Employment Law Oct. 3, 2000
Pettigrew v. Apfel
Order
Government Oct. 3, 2000
Brown v. Gray
Police department that requires officers to remain constantly on duty without adequate training is liable for shooting occurring outside of shift.
Civil Rights Oct. 3, 2000
Coregis Insurance Co. v. Law Offices of Phillip S. Decaro
Order
Insurance Oct. 3, 2000
Hale v. U.S. Dept. of Justice
Government may withhold release of sources and their disclosures pursuant to Freedom of Information Act where inference of confidentiality exists.
Government Oct. 3, 2000
Jones v. Great Southern Life Insurance Co.
Order
Civil Procedure Oct. 3, 2000
Hale v. Gibson
Court of appeals denies writ of habeas corpus to convicted murderer and kidnapper sentenced to death.
Criminal Law and Procedure Oct. 3, 2000
National Labor Relations Board v. Local Union No. 1385, Western Council of Industrial Workers
National Labor Relations Act doesn't pre-empt Indian tribe's authority to prohibit closed union shops for tribal and nontribal members who work on tribal lands.
Native American Affairs Oct. 3, 2000
Law v. Pugh
Order
Prisoners Rights Oct. 3, 2000
U.S. v. Crowe
Order
Criminal Law and Procedure Oct. 3, 2000
People v. Montes
Review granted
Criminal Law and Procedure Oct. 2, 2000