Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A087480
|
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 | |
B133778
|
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 | |
D031180
|
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 | |
B125819
|
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 | |
A086415
|
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 | |
B124192
|
Ostayan v. Serrano Reconveyance Co.
Negligent misrepresentation action requires actual and reasonable reliance on defendant's representation. |
Torts |
|
Mar. 31, 2000 | |
B126426
|
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 | |
B132060
|
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 | |
F030944
|
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 | |
A073839
|
Greenberg v. State Bar
State Bar's mandatory continuing legal education program for practicing attorneys is constitutional. |
Attorneys |
|
Mar. 31, 2000 | |
A085541
|
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 | |
E024134
|
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 | |
B120616
|
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 | |
C032196
|
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 | |
D032477
|
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 | |
B122687
|
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 | |
B128760
|
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 | |
E020452
|
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 | |
B127931
|
KNB Enterprises v. Matthews
Human likeness is not copyrightable, even if captured in a copyrighted photograph. |
Intellectual Property |
|
Mar. 31, 2000 | |
A086261
|
Lorig v. Medical Board of California
Address of record filed with licensing agency is public information. |
Government |
|
Mar. 31, 2000 | |
E020267
|
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 | |
H019369
|
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 | |
C031652
|
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 | |
C030993
|
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 | |
G022376
|
People v. Garcia
Homosexuals are cognizable group whose exclusion from jury violates accused's constitutional rights. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
B128007
|
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 | |
B129578
|
Ware v. WCAB
Injured golf caddie is employee entitled to workers' compensation benefits. |
Employment Law |
|
Mar. 31, 2000 | |
B128311
|
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 | |
B122436
|
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 | |
B125398
|
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 |