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Pang v. Beverly Hospital Inc.
Employee's leave, to help elderly mother to move from home, isn't leave to care for parent under California family rights legislation.
Employment Law Jun. 1, 2000
U.S. v. Montero-Camargo
Vehicle's immediate U-turn at border patrol station is factor in determining reasonable suspicion to stop vehicle.
Criminal Law and Procedure Jun. 1, 2000
California Association of Professional Scientists v. Dept. of Fish and Game
Flat fee imposed for environmental reviews is not tax that must be approved by super-majority vote of state legislature.
Environmental Law Jun. 1, 2000
Truck Insurance Exchange v. Unigard Insurance Co.
Insurer is not entitled to indemnity when it fails to notify co-insurer of possibility of contribution.
Insurance Jun. 1, 2000
Yong v. INS
Proceedings on habeas corpus petition for detained alien may not be stayed, pending resolution of appeal in similar case, on ground of judicial economy.
Immigration Jun. 1, 2000
Small v. Superior Court
Court cannot order prison warden to alter visiting area or mandate that defendant be unshackled during court proceedings.
Prisoners Rights Jun. 1, 2000
Jones v. Union Pacific Railroad
Where plaintiff raises triable issue as to railroad's harassment it also raises triable issue of whether state tort claims are federally pre-empted.
Torts Jun. 1, 2000
Mercury Insurance Co. v. Enterprise Rent-a-Car Co. of Los Angeles
Insurance company is not entitled to subrogation when insured has not exhausted coverage of primary insurer.
Insurance Jun. 1, 2000
Arden Carmichael Inc. v. County of Sacramento
Fee imposed upon nonprofit organization, based on percentage of gross receipts from bingo games, is unconstitutional.
Corporations Jun. 1, 2000
U.S. v. Van Loben Sels
Order
Jun. 1, 2000
Washington v. Cambra
Where appellant raises constitutional claims the Dixon rule does not provide an independent state-law basis for precluding federal habeas review.
Criminal Law and Procedure Jun. 1, 2000
Williamson v. General Dynamics Corp.
Fair Labor Standards Act does not pre-empt employees' common-law fraud claims based on employer's promise of continued employment.
Labor Law Jun. 1, 2000
People v. Superior Court (Paez)
Defendant is entitled to discovery when he presents some evidence in support of his discriminatory prosecution claim.
Criminal Law and Procedure Jun. 1, 2000
People v. Williams
Jury may infer guilt from false or misleading statements made to police without Miranda warnings.
Criminal Law and Procedure Jun. 1, 2000
Muzquiz v. City Of Emeryville
Employee fails to prove that city's legitimate, nondiscriminatory reasons for eliminating her job were pretext for age-based discrimination.
Employment Law Jun. 1, 2000
Akins v. Enterprise Rent-A-Car Company of San Francisco
For attorney fee award, apportionment of attorney fees is not required if successful and unsuccessful claims are interrelated.
Civil Procedure Jun. 1, 2000
People v. Thompson
Court isn't required to instruct jury that 'unlawful killing' is killing without excuse or justification when neither defense is presented at trial.
Criminal Law and Procedure Jun. 1, 2000
In re Castro
Court must appoint director of regional center for developmentally disabled to evaluate defendant's competency before proceeding to trial.
Criminal Law and Procedure Jun. 1, 2000
Moore v. First Bank of San Luis Obispo
Court may not amend binding arbitration award to allow prevailing party attorney fees.
Civil Procedure Jun. 1, 2000
Moshonov v. Walsh
Arbitrator does not exceed powers by denying fees to prevailing party based on her interpretation of arbitration provision in parties' contract.
Civil Procedure Jun. 1, 2000
Waste Management of Alameda County Inc. v. County of Alameda (Browning-Ferris Industries of California Inc.)
Landfill operator's commercial and competitive interests are not protected by California Environmental Quality Act.
Environmental Law Jun. 1, 2000
Twentieth Century Insurance Co. v. Choong
Court may impose second monetary sanction for attorney's failure to pay first monetary sanction.
Civil Procedure Jun. 1, 2000
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial.
Criminal Law and Procedure Jun. 1, 2000
Pacific Custom Pools Inc. v. Turner Construction Co. (Universal City Studios Inc.)
When contract provides for attorney fees, prevailing party is entitled to fees regardless of who initiates action.
Civil Procedure Jun. 1, 2000
Utility Cost Management v. East Bay Municipal Utility District
Limitations period of Government Code Section 66022 applies to action for refund from municipal utility district.
Administrative Agencies Jun. 1, 2000
Jessica K., a Minor
Appeal of order terminating parental rights must be dismissed as moot where parent fails to timely file appeal.
Juveniles Jun. 1, 2000
Griffith v. County of Santa Cruz
County rent control ordinance applies to recreational vehicle site where individuals have resided continuously for nine months or more.
Real Property Jun. 1, 2000
People v. Palamore
Instruction on special allegation of sex offense doesn't have to inform jury that commercial establishment be closed to public when burglary committed.
Criminal Law and Procedure Jun. 1, 2000
International Federation of Professional and Technical Engineers, Local 21 v. City and County of San Francisco
Although Meyers-Milias-Brown Act allows local regulation, when the act imposes a standard, local divergence is not allowed.
Labor Law Jun. 1, 2000
People v. Tokash
Sentence enhancement is supported by sufficient evidence that defendant inflicted great bodily injury causing victim to become comatose.
Criminal Law and Procedure Jun. 1, 2000