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People v. Tran
Prospective waiver of Penal Code Section 2900.5 custody credits, as a condition of probation, is unreasonable and constitutes an unauthorized sentence.
Criminal Law and Procedure Mar. 31, 2000
Rashad H., a Minor
Parental termination rights may be reversed when parent doesn't receive proper notice of hearing and parties agree to reversal.
Juveniles Mar. 31, 2000
Maides v. Ralphs Grocery Co.
Under California Rules of Court, 60-day time period to file appeal is not shortened by limiting provisions of Rule 3(b).
Civil Procedure Mar. 31, 2000
Mossanen v. Monfared
Court errs in allowing plaintiff's counsel to withdraw where new attorney has not been retained and defendant's summary judgment motion is imminent.
Civil Procedure Mar. 31, 2000
People v. Sturns
Defendant's expectation that counsel will file appeal raising certificate-dependent issue doesn't necessarily constitute good cause.
Criminal Law and Procedure Mar. 31, 2000
Ostayan v. Serrano Reconveyance Co.
Negligent misrepresentation action requires actual and reasonable reliance on defendant's representation.
Torts Mar. 31, 2000
Shipman v. Boething Treeland Farms Inc.
Private property owner owes no duty to injured, recreational vehicle driver when driver was uninvited, non-paying recreational user of land.
Torts Mar. 31, 2000
People v. Beuer
Absent connection between current offense and prior arrest, defendant may not seek to suppress evidence of prior offense.
Criminal Law and Procedure Mar. 31, 2000
Renna v. County of Fresno
Board member assistant position falls within Fair Labor Standards Act's personal staff exception and is, therefore, exempt from its overtime provisions.
Labor Law Mar. 31, 2000
Greenberg v. State Bar
State Bar's mandatory continuing legal education program for practicing attorneys is constitutional.
Attorneys Mar. 31, 2000
Glass v. Najafi
Landlord, who evicts tenant under writ of possession which is later deemed invalid, is not liable for forcible entry.
Real Property Mar. 31, 2000
County of Riverside v. Burt
Child support order, brought pursuant to Welfare and Institutions Code Section 11350, may be applied retroactively.
Family Law Mar. 31, 2000
The Vons Companies Inc. v. United States Fire Insurance Co.
Insurance policy permits payment of self-insured retention amount through other valid and collectible insurance.
Insurance Mar. 31, 2000
Levi U., a Minor
Notice to Indian Affairs Bureau of dependency action involving child of alleged Indian descent complies with notice requirements of Indian Child Welfare Act.
Juveniles Mar. 31, 2000
People v. Bourquin
Challenge to impermissible hearsay at probation revocation hearing is moot where defendant pleads guilty to offense that led to revocation.
Criminal Law and Procedure Mar. 31, 2000
People v. Gutierrez
Witness' writing of license plate number of vehicle used in crime is admissible as spontaneous declaration.
Criminal Law and Procedure Mar. 31, 2000
Brown v. Williams
Plaintiff is not entitled to relief from adverse arbitration award where her attorney fails to request trial de novo.
Civil Procedure Mar. 31, 2000
McGill v. M.J. Brock & Sons, Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes.
Torts Mar. 31, 2000
KNB Enterprises v. Matthews
Human likeness is not copyrightable, even if captured in a copyrighted photograph.
Intellectual Property Mar. 31, 2000
Lorig v. Medical Board of California
Address of record filed with licensing agency is public information.
Government Mar. 31, 2000
People v. Culuko
Under natural and probable consequences doctrine, aider and abettor may be convicted of murder without malice, even where target offense isn't inherently dangerous.
Criminal Law and Procedure Mar. 31, 2000
People v. Superior Court (Mouchaourab)
Communications between prosecutor and grand jury may be obtained to prepare motion to dismiss indictment for lack of probable cause.
Criminal Law and Procedure Mar. 31, 2000
Robison v. City of Manteca
Recovery agreement between employer and employee is valid when employee cannot substantiate claims of undue influence and unconscionability.
Employment Law Mar. 31, 2000
People v. Allen
Warrantless search of bicycle driven on public streets is valid where there is probable cause to believe bicycle contains contraband.
Criminal Law and Procedure Mar. 31, 2000
People v. Garcia
Homosexuals are cognizable group whose exclusion from jury violates accused's constitutional rights.
Criminal Law and Procedure Mar. 31, 2000
People v. McFarland
Prosecution may not offer expert opinion testimony about accused's character until accused first places his character at issue.
Criminal Law and Procedure Mar. 31, 2000
Ware v. WCAB
Injured golf caddie is employee entitled to workers' compensation benefits.
Employment Law Mar. 31, 2000
Hernandez v. California Hospital Medical Center
In medical malpractice action, claimant may recover against hospital even though Medicare and Medi-Cal paid his medical expenses.
Torts Mar. 31, 2000
Taylor v. Lockheed Martin Corp.
Employee of civilian contractor operating on federal military enclave may pursue state whistleblower claim against contractor.
Employment Law Mar. 31, 2000
Brennan v. Tremco, Inc.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts Mar. 31, 2000