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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
People v. Glee
Sentencing modification ordered where court erroneously believed prior conviction constituted a 'strike' under Three Strikes Law.
Criminal Law and Procedure Aug. 18, 2000
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer.
Criminal Law and Procedure Aug. 18, 2000
Rucker v. WCAB
Workers' Compensation Judge cannot address issue parties don't raise without giving them opportunity to address issue.
Workers' Compensation Aug. 18, 2000
People v. National Automobile & Casualty Insurance Co.
Surety that consents to extra judicial procedure is estopped from challenging separate court action on same grounds.
Criminal Law and Procedure Aug. 18, 2000
Sacramento County Office of Education v. WCAB
Reinstatement of vocational rehabilitation benefits must be made within five years of injury.
Workers' Compensation Aug. 18, 2000
People v. Valencia
Code expressly precludes imposition of great bodily injury enhancement to sentence of convicted murderer.
Criminal Law and Procedure Aug. 18, 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 Aug. 18, 2000
Dunkin v. Boskey
Unmarried father's parental rights to child born out of artificial insemination cannot be terminated by mother on grounds of promissory estoppel.
Contracts Aug. 18, 2000
City of SanFranscisco v. Tijerino
Court-ordered blood test is not new or different fact or circumstance that justifies motion for reconsideration.
Civil Procedure Aug. 18, 2000
People v. Robles
Evidence obtained without warrant is not admissible when police obtain post-search consent from defendant's brother who was subject to probation searches.
Criminal Law and Procedure Aug. 18, 2000
McFetters v. Amplicon Inc.
Employee who is assaulted by company president may sue for wrongful termination in violation of public policy.
Employment Law Aug. 18, 2000
Connecticut Indemnity Co. v. Superior Court
In determining liability for water pollution clean-up, city may issue subpoenas when authorized by law and pertinent to a legislative purpose and investigation.
Environmental Law Aug. 18, 2000
In re Vargas
Ineffective assistance of counsel rendered when attorney misrepresents plea offer and coerces client to accept it.
Criminal Law and Procedure Aug. 17, 2000
True v. Shank
Expert witness fees may be properly tendered at the time deposition is noticed or at the deposition.
Civil Procedure Aug. 17, 2000
Kitzig v. Nordquist
Dental malpractice not time barred if claim filed within one year of patient finding that dentist is negligent.
Civil Procedure Aug. 17, 2000
Birndorf v. Superior Court (Alexzander)
Order
Aug. 16, 2000
U.S. v. Reyna
Judge's approval of wiretap before Attorney General has authorized application violates federal wiretap statute.
Criminal Law and Procedure Aug. 15, 2000
Mednet v. Bergen Brunswig Drug Co.
Attorney compensation is reasonable in cases where services rendered are beneficial or necessary at time of provision.
Bankruptcy Aug. 15, 2000
U.S. v. Valensia
'Preponderance of evidence' is proper standard for factual determinations regarding sentence enhancements that are not extremely disproportionate.
Criminal Law and Procedure Aug. 15, 2000
Chand v. INS
Alien persecuted on protected ground who faces significant continuing violence in home country in years after coup is eligible for asylum.
Immigration Aug. 15, 2000
U.S. v. Rivera-Sanchez
Reference to sentence enhancement when conviction is on single count of one crime should be struck as clerical error.
Criminal Law and Procedure Aug. 15, 2000