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People v. Fisher
Trial courts instruction regarding complicity was appropriate in a felony murder trial.
Criminal Law and Procedure May 2, 2000
People v. Sloan
Defendant released pending appeal not entitled to credit against sentence.
Criminal Law and Procedure May 2, 2000
Dupont v. Preston
Plaintiff in medical malpractice action may recover damages for physical impairment.
Torts May 2, 2000
People v. Munoz
Failure to advise defendant of period of mandatory parole harmless error where sentence within maximum allowed.
Criminal Law and Procedure May 2, 2000
Miller v. Rowtech, LLC
Plaintiffs to file a certificate of review is not jurisdictional.
Contracts May 2, 2000
Deighton v. The City Council of the City of Colorado Springs
Plaintiff in 42 U.S.C. 1983 action not entitled to attorney fees where no money damages were awarded.
Civil Rights May 2, 2000
U.S. v. Millet
Order
Criminal Law and Procedure May 2, 2000
Harris v. Everett
Order
Criminal Law and Procedure May 2, 2000
U.S. v. Johnson
Order
Criminal Law and Procedure May 2, 2000
Golden v. Waters
Order
Prisoners Rights May 2, 2000
Baffoe v. W.H. Stewart Co.
Opinion
Employment Law May 2, 2000
Kluksdahl v. Henderson (In the Matter of the Title, Ballot Title)
Titles to proposed initiative must unambiguously state principle of provision sought to be added, amended or repealed.
Government May 2, 2000
State v. Eagle
Kidnapping and sexual assault are not same offense and, therefore, defendant may be sentences consecutively for two offenses without violating double jeopardy principles.
Criminal Law and Procedure May 1, 2000
Schritter v. State Farm Mutual Automobile Insurance Co.
Plaintiff, who obtains judgment of costs against defendant, is entitled to cost of deposing her expert witnesses.
Civil Procedure May 1, 2000
Foster v. Irwin (Buckelew)
Defedant convicted of possession of dangerous drugs is eligible for probation.
Criminal Law and Procedure May 1, 2000
State of Arizona v. Brown & Williamson Tobacco Corp.
Counties may not intervene in state action against tobacco industry where motion to intervene is untimely and intervention would prejudice litigating parties.
Civil Procedure May 1, 2000
Provost v. Superior Court (Aetna U.S. Healthcare Inc.)
Order summarily denied by court does not constitute opinion and, therefore, need not be published.
Civil Procedure May 1, 2000
DuPont Merck Pharmaceutical Co. v. Superior Court (Newman)
Equivalence of drug and its generic counterpart is public interest issue.
Torts Apr. 28, 2000
People v. Gadlin
Expert testimony explaining Battered Women's Syndrome is admissible even though victim did not recant incidents of abuse at time of trial.
Criminal Law and Procedure Apr. 28, 2000
Mike Davidov Co. v. Issod
If defendant does not produce financial records in violation of court order, court may award punitive damages without evidence of defendant's financial condition.
Torts Apr. 28, 2000
Glen C. v. Superior Court (Alameda County Social Services)
Petition for writ challenging decision to terminate reunification and set permanency planning hearing must comply with procedural requirements.
Juveniles Apr. 28, 2000
Transworld Systems Inc. v. County of Sonoma
Goods do not have to be delivered directly to customer to qualify for business inventory exemption.
Taxation Apr. 28, 2000
People v. Leonard
Court is not required to appoint new counsel when defendant's complaints are not based on counsel's competence.
Criminal Law and Procedure Apr. 28, 2000
Lund v. Bally's Aerobic Plus Inc.
Waiver and release provision contained in gym's standard membership contract also applies to personal training services.
Torts Apr. 28, 2000
Schmier v. Supreme Court of California
Rules governing publication of appellate court opinions are constitutional and do not conflict with statutory law.
Civil Procedure Apr. 28, 2000
People v. Mendoza
Third strike defendant can be sentenced by tripling minimum parole eligibility date.
Criminal Law and Procedure Apr. 28, 2000
Friends of the Trails v. Blasius
Civil Code Section 1009 does not extinguish or otherwise affect public easements acquired before statute's enactment.
Administrative Agencies Apr. 28, 2000
George v. County of San Luis Obispo
Sheriff executing writ of possession is immune from liability for wrongful eviction.
Real Property Apr. 28, 2000
Centex Golden Construction Co. v. Dale Tile Co.
Under agreement, general contractor is entitled to indemnification for claims filed regarding subcontractor's work, even though there was no negligence on subcontractor's part.
Contracts Apr. 28, 2000
State of California v. Superior Court (Underwriters at LLoyd's of London)
State acts as supervisor and regulator of groundwater, not as possessor or proprietor.
Real Property Apr. 28, 2000