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Dubria v. Smith
Order
May 5, 2000
People v. Kwizera
Trial court may empower probation department with reasonable authority to supervise probation conditions.
Criminal Law and Procedure May 5, 2000
McPherson v. City of Manhattan Beach (Highland View Limited Partnership)
Builder loses right to build under 1990 height restrictions when it fails to timely record final vesting parcel map.
Government May 5, 2000
Monarch HealthCare v. Superior Court (Cassidenti)
Nonparty deponents need not file motion to quash to challenge 'records only' discovery requests that seek privileged information.
Civil Procedure May 5, 2000
Bank of America National Trust and Savings Assoc. v. Giant Inland Empire R.V. Center Inc. (County of San Bernardino)
Sale of property for delinquent taxes is not valid where county makes no reasonable effort to notify lienholder of sale.
Taxation May 5, 2000
Castellanos v. Coastal Providers of San Luis Obispo
Doctor may not be dismissed from physician's panel without notice of reasons for dismissal.
Contracts May 5, 2000
Campbell v. Scripps Bank
Party cannot assert collateral estoppel if that party's negligence led to adjudication it seeks to use defensively.
Civil Procedure May 5, 2000
PMC Inc. v. Kadisha
Corporate shareholders, directors and officers may be held personally liable for misappropriation of trade secrets.
Corporations May 5, 2000
People v. Marquez
Defendant commits only one count of robbery when he steals from one victim, but property belongs to two people.
Criminal Law and Procedure May 5, 2000
Alameda County Social Services Agency v. Tammy D.
Child may be placed for adoption despite birth parent's successful visitation record.
Family Law May 5, 2000
Fogarty v. Rasbeary
Mother is not entitled to unpaid child support when she waits 17 years to pursue claim against father.
Family Law May 5, 2000
County of Yuba v. Savedra
Court must enforce proposed child support order, despite evidence of parent's income.
Family Law May 5, 2000
Lopez v. Smith
When district court dismisses prisoner's pro se complaint, court has discretion to make dismissal with or without leave to amend.
Prisoners Rights May 5, 2000
People v. Massey
Murder complaint, dismissed twice due to prosecution's inability to obtain witness attendance at trial, must be reinstated for third time.
Criminal Law and Procedure May 5, 2000
Circle K Ranch Corp. v. Santa Barbara County Board of Supervisors
Subdivision map recorded before enactment of state's subdivision laws does not constitute legally recognizable subdivision lot.
Real Property May 5, 2000
Twentieth Century Fox Film Corp. v. Superior Court (Lottermoser)
Trial court must stay action while application to arbitrate matter is pending before another court.
Civil Procedure May 5, 2000
Hunt Building Corp. v. Bernick
State may assess general contractor for unpaid contributions and tax withholding for employees of unlicensed subcontractors performing work on federal land.
Taxation May 5, 2000
People v. Son
Court's refusal to instruct jury on voluntary manslaughter as lesser included offense of murder, based on theory of imperfect duress, is proper.
Criminal Law and Procedure May 5, 2000
People v. Needham
Authorities may conduct inventory search of motorcycle driven by accused, along with duffel bag temporarily attached to motorcycle.
Criminal Law and Procedure May 5, 2000
Howard Jarvis Taxpayers Association v. City of Los Angeles
Lawsuit attacking city ordinance, which extends business tax to persons engaged in home occupations, is barred by statute of limitations.
Taxation May 5, 2000
People v. Davis
Defendant is eligible for diversion program despite prior felony conviction.
Criminal Law and Procedure May 5, 2000
Cruz v. Briseno
Sheriff's deputy is immune from suit for pursuing speeding motorist without siren or lights.
Government May 5, 2000
Steiny and Company Inc. v. California Electric Supply Co.
Court may bar plaintiff's damage evidence where plaintiff's invocation of trade secrets privilege prevents defendant from examining basis of plaintiff's damage claim.
Corporations May 5, 2000
Pacific Bell v. PUC
Public utility service may not make proposed tariff changes without following the PUC's formal procedures.
Administrative Agencies May 5, 2000
First State Insurance Co. v. Superior Court (Jalisco Corporation Inc.)
Court may not issue an order precluding any party from filing a summary judgment motion.
Civil Procedure May 5, 2000
Silver v. Los Angeles County Metropolitan Transportation Authority
Metropolitan Transportation Authority must obtain social security coverage for employees, but is not required to force employees to participate.
Government May 5, 2000
People v. Sakarias
Argument that prosecutor made inconsistent factual theories and knowingly made false arguments should be decided on petition for habeas corpus, not direct appeal.
Criminal Law and Procedure May 5, 2000
Morillion v. Royal Packing Co.
Employees required to travel to work site on employer's buses must be paid for travel time.
Employment Law May 5, 2000
People v. Ramirez
Active involvement in chop shop operation is sufficient to establish that defendant 'operated' chop shop in violation of Vehicle Code Section 10801.
Criminal Law and Procedure May 5, 2000
Kuykendall v. WCAB
Previously undiscovered evidence submitted after mandatory settlement conference as rebuttal to trial testimony is admissible when necessary to accomplish substantial justice.
Workers' Compensation May 5, 2000