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Name Category Published
Diamond H., a Minor
Juvenile court's decision to declare child dependent of court is not 'presumptive determination' based upon mother's developmental disability.
Juveniles Sep. 28, 2000
City of Santa Cruz v. Pacific Gas & Electric Co.
Triable issues of fact remain as to whether PG&E has constitutional franchises in fourteen cities.
Government Sep. 28, 2000
Black v. Dancy
Laches defense is not established when mother waited nearly 30 years before bringing action for child support arrearages.
Family Law Sep. 28, 2000
Melvin A., a Minor
Eight-month delay between issuance of stayed termination order and its execution is deemed harmless error.
Juveniles Sep. 28, 2000
Groom v. Health Net
HMO's participation in litigation by way of demurrers does not waive its right to compel arbitration in health plan contract absent prejudice to insured.
Civil Procedure Sep. 28, 2000
San Gabriel Valley Water Co. v. Hartford Accident and Indemnity Co.
Liability insurer's obligation to pay fees of independent counsel under pre-1988 policy is limited by statute when action is commenced after 1988.
Insurance Sep. 28, 2000
Kamelia S., a Minor
Father in violation of juvenile court's order has no right to challenge it on appeal.
Juveniles Sep. 28, 2000
People v. Alleyne
Co-conspirator's death doesn't terminate agreement to conspire; remaining co-conspirator may still be guilty of conspiracy.
Criminal Law and Procedure Sep. 28, 2000
Monterey County v. Banuelos
Child support, which includes amounts due counties for reimbursement of public assistance, can be enforced by contempt.
Family Law Sep. 28, 2000
Dept. of Water and Power v. Superior Court (Dzhibinyan)
Court improperly grants complainant relief from failure to timely present tort claim against DWP.
Civil Procedure Sep. 28, 2000
People v. Le
Arrest warrant for different, but related case does not mark commencement of statute of limitations tolling period.
Criminal Law and Procedure Sep. 28, 2000
People v. Covington
Restitution condition is not met unless probationer makes all scheduled payments throughout probationary period and obligation is paid in full.
Criminal Law and Procedure Sep. 28, 2000
People v. Ferris
Defendant's separate restitution fines are not proper when based on separately filed informations that are joined at trial.
Criminal Law and Procedure Sep. 28, 2000
In Re Eben Gossage
Convicted felon does not overcome burden of proving rehabilitation to demonstrate fitness to practice law.
Attorneys Sep. 28, 2000
Maher v. Saad
Court grant of new trial presupposes that whole record was considered, and will not be disturbed unless inspection of record proves otherwise.
Civil Procedure Sep. 28, 2000
People v. Archer
Right to confront witness is violated when prosecution offers redacted statement by co-defendant that, when considered with all evidence, unmistakably implicates accused.
Criminal Law and Procedure Sep. 28, 2000
People v. King
Law requiring prisoner to provide DNA for DNA profiling is not Fourth Amendment violation.
Criminal Law and Procedure Sep. 28, 2000
Jullian B., a Minor
Court errs in finding 'good cause' to reject preferences set forth in Indian Child Welfare Act in placing Native American child in adoptive home.
Family Law Sep. 28, 2000
People v. Sturiale
District attorney may consider dismissed charges when assessing accused's eligibility for deferred entry of judgment.
Criminal Law and Procedure Sep. 28, 2000
People v. Molina
Defense of necessity is unavailable when police intervention was reasonable legal alternative to driving drunk.
Criminal Law and Procedure Sep. 28, 2000
Turner v. Martire
Federal law enforcement officers of Indian tribe must show their conduct was discretionary and within scope of official duties for immunity.
Native American Affairs Sep. 28, 2000
Renee R., a Minor.
Mother's long history of drug abuse and resistance to prior treatment is sufficient basis for denial of reunification services with child in protective custody.
Family Law Sep. 28, 2000
People v. Sherwin
Illegally seized evidence, which is inadmissible at trial, may not form basis of indictment.
Criminal Law and Procedure Sep. 28, 2000
People v. Harper
Court did not err in imposing four-year enhancement to felon's conviction for assault with semiautomatic firearm.
Criminal Law and Procedure Sep. 28, 2000
Alvarado v. Superior Court (People)
Prosecution may not rely on testimony of witness while permanently withholding witnesses' identity.
Criminal Law and Procedure Sep. 28, 2000
People v. Box
Death penalty affirmed for convicted murder.
Criminal Law and Procedure Sep. 28, 2000
People v. Harper
Court did not err in imposing four-year enhancement to felon's conviction for assault with semiautomatic firearm.
Criminal Law and Procedure Sep. 28, 2000
Whitfield v. Heckler & Koch, Inc.
Court declines to hold gun manufacturers and distributors liable under theories of strict products liability and negligence.
Torts Sep. 28, 2000
Sharon P. v. Arman Ltd.
Landlord has no duty to provide security in commercial parking garage, when occurrence of violent third party assault in garage is not foreseeable.
Torts Sep. 27, 2000
Zeiger v. State of California
Subcontractor employee's receipt of workers' compensation benefits doesn't preclude negligence claims against owner or general contractor.
Torts Sep. 27, 2000