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People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial.
Criminal Law and Procedure Aug. 30, 2000
County of Los Angeles v. Superior Court (Axelrad)
Prior discovery rulings do not prevent disclosure of documents under California Public Records Act petition when elements of collateral estoppel not present.
Civil Procedure Aug. 30, 2000
People v. Matelski
Warrant to search for contraband founded on probable cause implicitly carries with it limited authority to detain occupants of premises while proper search is conducted.
Criminal Law and Procedure Aug. 30, 2000
People v. Frawley
Dismissal of a prior conviction is not an expungement and doesn't prevent ex-felon from being prosecuted for possession of nonconcealable firearm.
Criminal Law and Procedure Aug. 30, 2000
Greenfield v. Fritz Companies, Inc.
Shareholders can recover damages for fraud when misrepresentations induce forbearance.
Corporations Aug. 30, 2000
Martinez v. Bank of America National Trust & Savings Assn.
Banks have duty to inspect and remedy defects on property obtained through foreclosure if it has actual knowledge and ability to prevent foreseeable harm.
Real Property Aug. 30, 2000
Martinez v. Bank of America National Trust & Savings Assn.
Banks have duty to inspect and remedy defects on property obtained through foreclosure if it has actual knowledge and ability to prevent foreseeable harm.
Real Property Aug. 30, 2000
People v. Brown
Jury instruction that 'possession of contraband is not unlawful if possession is solely for purpose of disposal' does not apply to incarcerated inmates.
Criminal Law and Procedure Aug. 30, 2000
Metropolitan Philip v. Steiger
Trial court must abide by ecclesiastical authority's ruling on dispute between two church factions.
Civil Procedure Aug. 30, 2000
West Shield Investigations and Security Consultants v. Superior Court (Eymil)
Statute of limitations begins to run on date minor is emancipated, not when minor turns 18.
Family Law Aug. 30, 2000
People v. Downey Jr.
Trial court may deny reinstatement of probation so long as decision does not exceed the bounds of reason.
Criminal Law and Procedure Aug. 30, 2000
People v. Hsu
Statute regulating transmission of lewd materials to minors via Internet does not violate commerce clause or First Amendment.
Constitutional Law Aug. 30, 2000
Katheryn S., a Minor
Hearing terminating parental rights violates due process rights when indigent mother is not represented by counsel.
Family Law Aug. 30, 2000
Katheryn S., a Minor
Hearing terminating parental rights violates due process rights when indigent mother is not represented by counsel.
Family Law Aug. 30, 2000
Greenfield v. Fritz Companies, Inc.
Shareholders can recover damages for fraud when misrepresentations induce forbearance.
Corporations Aug. 30, 2000
Maria S., a Minor
Reunification plan is flawed because it fails to consider incarcerated mother's expected deportation after release from prison.
Juveniles Aug. 30, 2000
Peerless Lighting Corp. v. American Motorists Insurance Co.
Advertising injuries don't include injuries that occur during an effort to sell a product specifically manufactured for a single customer on a specific project.
Insurance Aug. 30, 2000
Glue-Fold Inc. v. Slautterback Corp.
Statutory limitation period for misappropriation of trade secrets begins tolling when party is first aware or should first be aware of potential violation.
Civil Procedure Aug. 30, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing.
Criminal Law and Procedure Aug. 30, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing.
Criminal Law and Procedure Aug. 30, 2000
Rosasco v. Commission on Judicial Performance
Retroactive application of amendments to law are impermissible without clear statement from legislature.
Civil Procedure Aug. 30, 2000
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.'
Criminal Law and Procedure Aug. 30, 2000
Linder v. Thrifty Oil Co.
Order denying class certification cannot stand when based upon improper judgment of case's legal merits and erroneous legal assumptions.
Civil Procedure Aug. 30, 2000
Linder v. Thrifty Oil Co.
Order denying class certification cannot stand when based upon improper judgment of case's legal merits and erroneous legal assumptions.
Civil Procedure Aug. 30, 2000
Stroud v. Superior Court (People)
Magistrate's one-day absence from preliminary examination to attend Judicial Council meeting is not grounds to dismiss a complaint.
Criminal Law and Procedure Aug. 30, 2000
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines.
Criminal Law and Procedure Aug. 30, 2000
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines.
Criminal Law and Procedure Aug. 30, 2000
United Food and Commercial Workers Union, Local 324 v. Superior Court (Gigante USA Inc.)
Striking may not be enjoined if law enforcement officers are able and willing to adequately protect business property.
Labor Law Aug. 30, 2000
Rothchild v. Tyco International (US) Inc.
Plaintiff's unfair competition action is not barred by pendency of another suit under False Claims Act based on same underlying factual allegations.
Civil Procedure Aug. 30, 2000
Sonora Diamond Corp. v. Sonora Union High School District'
Failure to prove minimum contacts renders arm of California courts too short to reach Canadian corporation.
Civil Procedure Aug. 30, 2000