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National Parks and Conservation Association v. County of Riverside
Party that unsuccessfully challenges subsequent environmental impact report on return to writ not entitled to attorney fees.
Civil Procedure Aug. 4, 2000
Mendoza v. Club Car Inc.
Parking brake failure on parked golf cart raises inference of product defect.
Torts Aug. 4, 2000
Burden v. County of Santa Clara
County has immunity under Government Code Section 818.8 against fraud claim and Labor Code violation.
Government Aug. 4, 2000
James Q., a Minor
Denying mother hearing to challenge propriety of DHHS's ending reunification services is miscarriage of justice.
Juveniles Aug. 4, 2000
Marriage of Hall
Court's discretionary child-support order made in closed chambers must be reported on the record and explained.
Family Law Aug. 4, 2000
City of Oceanside v. Superior Court of San Diego County
Firefighter's rule, which precludes rescue personnel from suing when injured participating in job-related rescue operations, extends to city lifeguards.
Torts Aug. 4, 2000
People v. Spirlin
Possession of handgun is single act with single objective, thus making crime one indivisible transaction subject only to one punishment.
Criminal Law and Procedure Aug. 4, 2000
Montgomery Ward & Co. Inc. v. Imperial Casualty and Indemnity Co.
Self-insured retentions are not primary insurance and not subject to principle of horizontal exhaustion.
Insurance Aug. 4, 2000
Simi Valley Adventist Hosp. v. Bonta
Though provider must seek reimbursement adjustment within time allowed, it may challenge method used to determine reimbursement.
Administrative Agencies Aug. 4, 2000
People v. Avila
Statute that punishes person who commits act of sodomy on victim unable to resist due to drug substance is constitutional.
Constitutional Law Aug. 4, 2000
Boysaw v. Superior Court of Los Angeles County
Contempt order not sustained when it fails to recite that accused was warned his tone was objectionable.
Civil Procedure Aug. 4, 2000
People v. Ayala
Court finds no error committed at lower court level or in penalty phase of death-penalty proceedings.
Criminal Law and Procedure Aug. 4, 2000
Ball v. GTE Mobilnet of California
Federal Communications Act of 1995 pre-empts state-law challenges to noncommunication air time cellular charges.
Administrative Agencies Aug. 4, 2000
People v. Brewer
Officer's attempt to obtain consent to search does not require Miranda warning, whether or not defendant is in custody.
Criminal Law and Procedure Aug. 4, 2000
Culligan v. State Compensation Insurance Fund
Exclusion of coverage for matters covered by workers' compensation laws apply whether employee seeks benefits or files separate civil action.
Workers' Compensation Aug. 4, 2000
Western Crop Protection Association v. Davis
State may adopt federal Environmental Protection Agency's criteria in determining chemicals that cause reproductive toxicity.
Environmental Law Aug. 4, 2000
Cliffton B., a Minor
Though sibling visitation is not considered when terminating parental rights, siblings should have independent counsel to present issue to court.
Juveniles Aug. 4, 2000
Jang v. State Farm Fire and Casualty Co.
Complaint alleging insurer bad faith and civil conspiracy during settlement negotiations is an action under the policy and therefore time-barred.
Civil Procedure Aug. 4, 2000
People v. Green
Defendant may not collaterally attack prior out-of-state conviction on California law grounds absent evidence that convicting jurisidiction adheres to similar law.
Criminal Law and Procedure Aug. 4, 2000
Mission Housing Development Co. v. City and County of San Francisco
Taxpayers are entitled to have opinions of value inserted on assessment rolls only for tax years covered on application.
Taxation Aug. 4, 2000
People v. King
Offense of receiving stolen property included with offense of owning and operating chop shop to bar simultaneous convictions.
Criminal Law and Procedure Aug. 4, 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. 4, 2000
People v. Rubalcava
Crime of unlawful carrying concealed dirk or dagger does not have specific-intent requirement.
Criminal Law and Procedure Aug. 4, 2000
Wilson v. Los Angeles County MTA
Lowest responsible bidder wrongfully denied public contract is entitled to bid-preparation costs on theory of promissory estoppel, but not lost profits.
Government Aug. 4, 2000
People v. Pedro M.
Psychotherapist-patient privilege does not preclude therapist from testifying about juvenile's progress in court- ordered treatment plan.
Juveniles Aug. 4, 2000
Luque v. Herrera
Employee's attorney entitled to fees from settlement fund obtained from third-party tortfeasor even when employer's reimbursement exceeds settlement.
Torts Aug. 4, 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. 4, 2000
People v. Smith
No prejudice when court fails to give defendant notice of hearing on ability to pay for court-appointed counsel.
Criminal Law and Procedure Aug. 4, 2000
People v. Spirlin
Possession of handgun is single act with single objective, thus making crime one indivisible transaction subject only to one punishment.
Criminal Law and Procedure Aug. 4, 2000
Juarez v. Boy Scouts of America Inc.
Boy Scouts of America's failure to provide scouts and parents with information to prevent sexual abuse raises triable issues in case involving molestation by scoutmaster.
Torts Aug. 4, 2000