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Aguilar v. Ashland Chemical Co.
Order
Aug. 23, 2000
Vo v. Las Virgenes Municipal Water District
Order
Aug. 23, 2000
City and County of San Francisco v. Mendez
Order
Aug. 23, 2000
Jimenez v. Superior Court (Ware)
Order
Aug. 23, 2000
Shumway v. Payne
Jury instruction in murder trial that splits the act and mental state between two defendants is harmless error because it is in accord with Washington law.
Criminal Law and Procedure Aug. 23, 2000
Beaty v. CAS BET Holdings Inc.
Remand warranted when record of whether court exercised its discretion in decision not to reduce award of attorney fees below lodestar amount is ambiguous.
Civil Procedure Aug. 23, 2000
La Crosse v. Kernan
Denial of state habeas petition for lack of diligence is not based on adequate and independent state ground that bars federal review.
Criminal Law and Procedure Aug. 22, 2000
Lim v. City of Long Beach
City meets burden of justifying free speech restriction under adult entertainment zoning ordinance by specifying in good faith a reasonable list of potentially available properties.
Constitutional Law Aug. 22, 2000
Eller Media Co. v. City of Tucson
City's outdoor lighting regulations that require billboard lights be top-mounted to reduce interference with view of night sky meets rational basis.
Constitutional Law Aug. 21, 2000
Diggs v. Arizona Cardiologists, Ltd.
Doctor who voluntarily provides expertise to another physician, knowing it is necessary for patient's protection and will be followed, owes patient duty of care.
Torts Aug. 21, 2000
U.S. v. Pena-Gutierrez
Foreign witness not 'unavailable' when name and address are known but no effort to contact witness is made.
Criminal Law and Procedure Aug. 21, 2000
Manybeads v. United States
Hopi Tribe is indispensable party in litigation between United States and Navajo families who lease Hopi land.
Constitutional Law Aug. 21, 2000
Neary v. Padilla (In re Padilla)
Debtor's bad faith accumulation of consumer debt in anticipation of filing for bankruptcy does not constitute 'cause' for dismissal under Chapter 7.
Bankruptcy Aug. 21, 2000
U.S. v. Twilley
Drugs found during traffic stop officer made based on mistaken understanding of law should be suppressed.
Criminal Law and Procedure Aug. 21, 2000
People v. James
Statute in which prior offenses are admissible evidence violates due process unless effect on verdict is negligible beyond reasonable doubt.
Criminal Law and Procedure Aug. 18, 2000
Alpert v. Villa Romano Homeowner Association
Homeowners association owes pedestrians duty to warn of dangerous conditions in sidewalk under its control.
Torts Aug. 18, 2000
Cooper v. Westbrook Torrey Hills LP
Reasonable expenses necessary to acquire a bond are to be awarded to prevailing party absent contrary evidence in the record.
Civil Procedure Aug. 18, 2000
Fresno County Department of Social Services v. Sonia C.
Removal from home proper if child suffering or in danger of suffering serious emotional disturbance at time of hearing.
Family Law Aug. 18, 2000
People v. Jennings
Evidence of prior domestic violence may be properly admitted if it is more probative than prejudicial.
Criminal Law and Procedure Aug. 18, 2000
Fraley v. Allstate Insurance Co.
Homeowner's policy may require completion of repairs within 180-day time limit and absolve insurer from payment of projects taking longer.
Insurance Aug. 18, 2000
Californians For Scientific Integrity v. The Regents of the University of California
University may expend public funds for anti-smoking efforts when such an activity is clearly authorized by state Legislature.
Constitutional Law Aug. 18, 2000
People v. Miller
Appellate court rejects accuseds' challenges to their convictions for grand theft by false pretenses.
Criminal Law and Procedure Aug. 18, 2000
Maryland Casualty Co. v. Andreini & Company of Southern California
Good faith settlement determination can be reviewed by post-judgment appeal.
Civil Procedure Aug. 18, 2000
Lealao v. Beneficial California Inc.
Attorney fees awards may be calculated as a percentage of class action recovery and can be adjusted at court's discretion.
Civil Procedure Aug. 18, 2000
People v. Campbell
Covering sexual assault victim's eyes with tape to prevent sight constitutes tying or binding of victim so as to enhance attacker's penalties.
Criminal Law and Procedure Aug. 18, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing.
Criminal Law and Procedure Aug. 18, 2000
People v. Fountain
Prior juvenile adjudication for committing battery did not constitute a strike for Three Strikes purposes.
Criminal Law and Procedure Aug. 18, 2000
Catalano v. Superior Court (Camenson)
Code of Civil Procedure Section 437c disallows piecemeal adjudication of claims for punitive damage.
Civil Procedure Aug. 18, 2000
Northland Insurance Co. v. Briones
Carrier's duty to defend where potential for coverage exists not triggered when insurer charged with rape and policy contains sexual abuse exclusion.
Torts Aug. 18, 2000
Rose v. Superior Court (People)
Orders denying habeas corpus petitions should contain accurate record and be accompanied by statement of reasons.
Criminal Law and Procedure Aug. 18, 2000