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Name Category Published
People v. Tindall
Order
Criminal Law and Procedure Oct. 3, 2000
In re Sabino R.
Court may take judicial notice of record to obtain proof of age even though prosecutor failed to offer evidence of age.
Juveniles Oct. 3, 2000
State v. Donald
Counsel's failure to inform client of benefits of accepting plea bargain may constitute ineffective assistance of counsel.
Criminal Law and Procedure Oct. 3, 2000
State v. Lopez
When driver arrested, police can search passenger's pants pockets found in backpack, even in absence of weapons or evidence of suspected offense.
Criminal Law and Procedure Oct. 3, 2000
Hi-Voltage Wire Works v. City of San Jose
Order
Oct. 3, 2000
People v. Sanchez
Gross intoxicated vehicular manslaughter is not lesser included offense of murder.
Criminal Law and Procedure Oct. 3, 2000
People v. Smith
Order
Criminal Law and Procedure Oct. 3, 2000
People v. Rivera
Re-publication
Criminal Law and Procedure Oct. 3, 2000
People v. Thammavong
Review granted
Criminal Law and Procedure Oct. 3, 2000
People v. Watts
Review granted
Criminal Law and Procedure Oct. 3, 2000
Mitchell v. Asbestos Corporation Ltd.
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit.
Civil Procedure Oct. 3, 2000
Marriage of Dunmore
Court finding that adoption may proceed without father's consent doesn't terminate child support obligations.
Family Law Oct. 3, 2000
People v. Reyes
Police ruse invalidates defendant's subsequent consent to search his person.
Criminal Law and Procedure Oct. 3, 2000
People v. Jeffries
Instruction permitting jury to consider sex offender's prior sexual offense is proper.
Criminal Law and Procedure Oct. 3, 2000
DeZerega v. Meggs
Landlord who originally agrees to occupancy of premises by subtenant unnamed on lease agreement can't evict him when named lessee vacates premises without cause.
Real Property Oct. 3, 2000
People v. Herrera
Existence of conspiracy may be proved by circumstantial evidence or inferred from conduct, relationship and activities of alleged conspirators.
Criminal Law and Procedure Oct. 3, 2000
Cariveau v. Halferty
Nondisclosure clause violating public policy and 1934 Securities and Exchange Act is unenforceable.
Contracts Oct. 3, 2000
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