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Union Oil Company of California v. City of Los Angeles
Business is entitled to tax refund from city, but not attorney fees.
Taxation May 5, 2000
Valley Presbyterian Hospital v. Superior Court (Homel)
In wrongful death action, court may not order hospital to produce employees to be interviewed by plaintiff's counsel.
Civil Procedure May 5, 2000
Vo v. Las Virgenes Municipal Water District
In employment dispute, attorney fee award is proper where opposing party doesn't produce adequate record to show abuse of discretion by trial court.
Employment Law May 5, 2000
Bailey v. Reliance Insurance Co.
Workers' compensation carrier cannot file motion under Civil Procedure Code Section 877.6 that employee settled claim in bad faith.
Workers' Compensation May 5, 2000
Aloha Pacific Inc. v. California Insurance Guarantee Association
California Insurance Guarantee Association may contest whether claim is within coverage of insurance policy issued by insolvent insurer.
Insurance May 5, 2000
Lear v. Board of Retirement of the San Diego County Employees Retirement Association
County employees with favorable tier status for retirement benefits are not entitled to same tier status when later hired by reciprocal county.
Government May 5, 2000
California Medical Assn. v. Regents of the University of California
University of California, as teaching and research facility, is excluded from Business and Professions Code Section 2400.
Business Law May 5, 2000
Greene v. Cutler
Action to recover child support arrearages may brought at any time until support judgment is paid in full.
Family Law May 5, 2000
Smith v. WCAB
Police officer, who injures himself at work by punching wall, is entitled to workers' compensation benefits.
Workers' Compensation May 5, 2000
Guess? Inc. v. Superior Court (Kirkland)
Right to arbitrate is waived where defendant fails to assert arbitration as affirmative defense and participates in discovery before asserting its right.
Civil Procedure May 5, 2000
Shade Foods Inc. v. Innovative Products Sales & Marketing Inc.
In bad faith lawsuit, punitive damages award is excessive where insurer's conduct does not amount to conscious disregard for insured's rights.
Insurance May 5, 2000
Families Unafraid to Uphold Rural El Dorado County v. El Dorado County Board of Supervisors (Cook Ranch Partners)
Plaintiffs' nonfinancial interest is relevant factor to consider whether to award attorney fees under Code of Civil Procedure Section 1021.5.
Civil Procedure May 5, 2000
People v. Felix
Court may impose full term sentence enhancement on attempted murder conviction.
Criminal Law and Procedure May 5, 2000
Alford v. DMV
DMV may impose a more severe penalty than that recommended by the administrative law judge.
Administrative Agencies May 5, 2000
Lanagan v. City of El Monte
City council appointee may not serve as trier of fact at disability retirement benefits appeal hearing.
Government May 5, 2000
Wilner v. Sunset Life Insurance Co.
Order
May 5, 2000
Leone v. Medical Board of California
Statute may provide, without violating state constitution, that appellate review of physician licensing matters may only be obtained through extraordinary writ.
Administrative Agencies May 5, 2000
People v. Rizo
Defendant may be convicted of manufacture of false government documents intended for illegal aliens, but sold to U.S. citizens.
Criminal Law and Procedure May 5, 2000
Small v. Hall's Furniture Defined Benefit Pension Plan
When defendants dismiss their appeal because counsel determined that appeal would serve no purpose, parties should bear own appeal costs.
Civil Procedure May 5, 2000
People v. Andrade
Defense counsel's tactical decision not to call defendant as witness produces unjust result that merits new trial.
Criminal Law and Procedure May 5, 2000
Smith v. Laguna Sur Villas Community Assn.
Condominium associations are holders of attorney-client privilege and are not required to disclose privileged information to individual homeowners.
Real Property May 5, 2000
U.S. v. Ramon-Ortega
Defendant's Sixth Amendment rights are violated when INS agent interrogates defendant outside counsel's presence on criminal conduct not related to immigration.
Criminal Law and Procedure May 5, 2000
U.S. v. Olafson
Court may admit hearsay statement and isn't required to allow phone depositions even though it would've avoided safety and administrative concerns.
Immigration May 5, 2000
Firebaugh Canal Co. v. United States
San Luis Act requires federal government to provide drainage service for agricultural areas receiving irrigation in California's Central Valley.
Environmental Law May 5, 2000
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors.
Bankruptcy May 5, 2000
AT&T Communications System v. Pacific Bell
Exhaustion of remedies isn't prerequisite to review of California Public Utilities Commission orders by California state courts.
Administrative Agencies May 5, 2000
Flick v. Liberty Mutual Fire Insurance Co.
Private insurance company's policies are subject to National Flood Insurance Program's strict compliance rule when funds are drawn from U. S. Treasury.
Insurance May 5, 2000
Commodity Futures Trading Commission v. Topworth International Ltd.
Commodity Futures Trading Commission can regulate trades involving both foreign currency and precious metals.
Securities May 5, 2000
Greene v. Cutler
Action to recover child support arrearages may brought at any time until support judgment is paid in full.
Family Law May 5, 2000
Wasson v. Sonoma County Junior College
Public employee has no retaliation claim against employer for free speech rights violation when employee denies having made speech in question.
Employment Law May 5, 2000