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Name Category Published
Alexander v. State Personnel Board
State Personnel Board may waive provisions of certain civil service statutes, but may not waive 'competitive examination' requirement.
Government Jun. 1, 2000
People v. Choi
Motion to recuse district attorney requires evidence demonstrating conflict of interest rendering it unlikely that defendant will receive fair trial.
Criminal Law and Procedure Jun. 1, 2000
Shin v. Kong
Husband does not have action against physician who artificially inseminates wife without his knowledge.
Family Law Jun. 1, 2000
Jones v. Moore
Expert's testimony is properly excluded when it goes beyond opinions expressed during his deposition.
Civil Procedure Jun. 1, 2000
Sandahl v. Beverly Enterprises Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal.
Torts Jun. 1, 2000
Matthew Z., a Minor
Court properly terminates parental rights of father who has mild retardation and does not maintain relationship with his son.
Juveniles Jun. 1, 2000
Griego v. Superior Court (People)
In civil proceeding, prosecution is bound by promise of transactional immunity and cannot pursue uncharged criminal acts against deponent.
Criminal Law and Procedure Jun. 1, 2000
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists.
Criminal Law and Procedure Jun. 1, 2000
Kuns v. City of Ukiah
Whether premature cutting off of family's electrical power caused fire is question of fact for jury.
Government Jun. 1, 2000
Hatch v. Superior Court (People)
Prosecution need not establish that victims are under 14 in prosecution for attempted lewd act on minor under 14.
Criminal Law and Procedure Jun. 1, 2000
Nevius v. McDaniel
Order
May 31, 2000
Sandahl v. Beverly Enterprises, Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal.
Torts May 31, 2000
United States v. Johnson
Order
May 30, 2000
Rea v. United States
Order
May 30, 2000
Boon v. Rivera
Those present at scene of emergency owe duty to not misstate material facts concerning nature of emergency to public safety officials present.
Torts May 26, 2000
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise.
Criminal Law and Procedure May 25, 2000
Canal Street, Ltd., et al.
Order
May 25, 2000
Saunders v. U-Haul Co. of California Inc.
Order
May 25, 2000
Buelna on Habeas Corpus
Order
May 25, 2000
Stocker v. Travelers Casualty and Surety Co.
Order
May 25, 2000
Anesthesia Care Assoc. Medical Group Inc. v. Blue Cross of California
Order
May 25, 2000
Viad Corporation v. Superior Court (McGrath)
Review granted
May 24, 2000
Dunleavy v. Nadler
In class action, proposed settlement filed before Private Securities Litigation Reform Act's effective date may be reviewed under methodology mandated by statute.
Securities May 24, 2000
State v. Preston
Requiring establishment of entrapment defense by clear and convincing evidence is constitutional, but presumption of innocence may not be taken away.
Constitutional Law May 24, 2000
Matter of Sather
Attorney cannot treat advance fees as own property, but must place them in trust account until earned.
Attorneys May 24, 2000
Matter of Wimmershoff
Public censure and restitution is appropriate sanction for charging client unreasonable fee and violating contingent-fee rules.
Attorneys May 24, 2000
U.S. v. Cherry
Accused who caused witness's unavailability is deemed to have waived confrontation and hearsay objections.
Criminal Law and Procedure May 24, 2000
Van Woudenberg v. Gibson
Procedural due process claim is rejected when no evidence establishes doubt about accused's competence to stand trial.
Criminal Law and Procedure May 24, 2000
U.S. v. Marquez-Gallegos
Accused is ineligible for downward departure when sentence for previous conviction exceeds one year.
Criminal Law and Procedure May 24, 2000
Tosco Corp. v. Koch Industries Inc.
CERCLA liability may be inferred from circumstantial evidence.
Environmental Law May 24, 2000