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Pacific Maritime Ass. v. Local 63
Public sector union isn't subject to liability for 'secondary boycott' under Labor Management Relations Act.
Labor Law Mar. 3, 2000
Bowles v. Reade
ERISA complaint against corporate trustee for breach of fiduciary duty cannot be dismissed, despite designation of wrong party plaintiff.
Labor Law Mar. 3, 2000
Marchisheck v. San Mateo County
Employee's son did not have "serious health condition" which would allow time off from work under federal and state statutes.
Employment Law Mar. 3, 2000
Neal v. The Board of Trustees of the California State Universities
University's reduction of spots on male wrestling team to achieve 'substantial proportionality' between genders doesn't violate federal law.
Constitutional Law Mar. 3, 2000
U.S. v. Juvenile (RRA-A)
Officer's delay in stating rights and his inadequate effort to contact state consulate isn't prejudicial and doesn't violate juvenile's due process rights.
Juveniles Mar. 3, 2000
Leatherman Tool Group Inc. v. Cooper Industries Inc.
Nonpatented product isn't protectable as trade dress when competitor clearly marks own product with distinct name and packaging.
Intellectual Property Mar. 3, 2000
Kendall-Jackson Winery v. Superior Court
Unclean hands defense is triggered when misconduct in particular transaction, or connected to subject matter of litigation, affects equitable relations between litigants.
Torts Mar. 3, 2000
First Nationwide Bank v. Mountain Cascade Inc.
Expert witness fees can't be included as attorney fees or recovered as 'necessary expense' under contract unless properly pled or proved.
Civil Procedure Mar. 2, 2000
Ruiz v. California Dept. of Corrections
Review of work discrimination claim by Department of Fair Employment and Housing, rather than State Personnel Board, constitutes exhaustion of administrative remedies.
Employment Law Mar. 2, 2000
Haywood v. Superior Court (Haywood)
Child born and living exclusively with mother in California has significant connection to state to warrant California custodial jurisdiction.
Family Law Mar. 2, 2000
Yergan v. Dept. of Real Estate
Brokers are not entitled to payment from Real Estate Recovery Program where judgment obtained is based on professional negligence and not fraud.
Real Property Mar. 2, 2000
Woodward Park Homeowners Assn. v. Garreks Inc.
Even though project is finished before appellate court decision, corporation's failure to prepare environmental report before completing project doesn't make case moot.
Real Property Mar. 2, 2000
Allstate Insurance Co. v. Mel Rapton Inc.
Policy holder's small claims judgment against tortfeasor bars insurance company's subrogation action.
Insurance Mar. 2, 2000
People v. Gallardo
Postjudgment order not appealable when appeal actually seeks habeas corpus relief.
Criminal Law and Procedure Mar. 2, 2000
Crystaplex Plastics Ltd. v. Redevelopment Agency of the City of Barstow
Joint payee's complaint against drawer of check contains sufficient allegations to state cause of action for recovery of lost, destroyed or stolen check.
Business Law Mar. 2, 2000
Saelzler v. Advanced Group 400
Assault victim has cause of action against owners of dangerous apartment complex who took no precautionary measures to secure against crime.
Torts Mar. 2, 2000
People v. Sanchez Madrigal
Probation department does not violate defendant's rights when it fails to locate him in prison and timely initiate probation revocation.
Criminal Law and Procedure Mar. 2, 2000
Korean Philadelphia Presbyterian Church v. California Presbytery
Issuance of injunction can't be based on future fears but rather actual evidence of realistic intent to engage in prohibited activity.
Civil Procedure Mar. 2, 2000
People v. Acuna
Defendant who is denied expungement of conviction by statute enacted after he pled guilty isn't subjected to ex post facto law.
Criminal Law and Procedure Mar. 2, 2000
Jose H., a Minor
Juvenile court does have authority to order commitment in county jail when juvenile turns age 18 during proceedings.
Juveniles Mar. 2, 2000
Ray v. Valley Forge Insurance Co.
Standard commercial general liability insurance policy does not cover bad professional advice.
Insurance Mar. 2, 2000
County of Sacramento v. WCAB
Workers' Compensation Appeals Board's failure to allow stipulation in proceeding is cause to annul decision.
Workers' Compensation Mar. 2, 2000
People v. Zaragoza
Defendant convicted of killing child is entitled to conduct credits of 15 percent of the days actually served in custody before sentencing.
Criminal Law and Procedure Mar. 2, 2000
People v. American Surety Insurance Co.
Bond is improperly forfeited when accused is unable to appear at hearing because federal immigration authorities deport him to Mexico.
Criminal Law and Procedure Mar. 2, 2000
People v. Hatch
Under Penal Code Section 1385, dismissed case can be retried if court doesn't clearly indicate that dismissal is based on insufficiency of evidence.
Criminal Law and Procedure Mar. 2, 2000
Community Redevelopment Agency of City of Los Angeles v. World Wide Enterprises Inc.
Property owner may not impeach appraiser's valuation when valuation was made in connection with a probable compensation.
Real Property Mar. 2, 2000
Rose v. Superior Court (People)
Court's denial of habeas corpus petition must include factual findings or explanation of decision.
Criminal Law and Procedure Mar. 2, 2000
People v. Rodriguez
Home office burglary constitutes burglary of dwelling even though home and office were not connected by interior door.
Criminal Law and Procedure Mar. 2, 2000
Duncan v. Dept. of Personnel Administration
Public employee isn't entitled to pre-deprivation hearing before demotion in lieu of layoff.
Employment Law Mar. 2, 2000
Brian C. v. Ginger K.
Under due process clause, conclusive presumption of paternity may not be applied to terminate existing father-child relationship.
Family Law Mar. 2, 2000