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Simmons v. Ward
Order
Criminal Law and Procedure Nov. 4, 1999
People v. Gonzales
Defendant's statements needn't be suppressed if made voluntarily and in the absence of compelling influences.
Criminal Law and Procedure Nov. 4, 1999
The Board of Education of School District No. 1. v. Booth
Statute authorizing State Board of education to order local school board to approve charter school; application is valid.
Administrative Agencies Nov. 4, 1999
Colorado State Personnel Board and Department of Corrections
Agency's order awarding attorney fees but did not set amount may be a final, appealable order.
Government Nov. 4, 1999
Elzie v. Pugh
Order
Criminal Law and Procedure Nov. 4, 1999
Harrell v. A.M. Flowers
Order
Criminal Law and Procedure Nov. 4, 1999
Talbott v. Widnall
Order
Employment Law Nov. 4, 1999
Municipal Subdistrict, Northern Colorado Waster Conservancy District v. Chevron Shale Oil Co.
Economic conditions pertaining to represent feasibility up water rights may be considered in evaluating development of conditional water rights.
Government Nov. 4, 1999
In re Proposed Initiatives for 1999-2000 Nos. 172-175
Title Board needn't designate ballot initiatives with title and submission clause when the proposed initiatives are unconstitutional.
Government Nov. 4, 1999
People v. Blount
Court that fails to advise defendant of plea's penal consequences doesn't commit constitutional error.
Criminal Law and Procedure Nov. 4, 1999
Palmer v. Truck Insurance Exchange
Trademark infringement isn't 'willful' as a matter of law so as to preclude coverage under liability policy.
Insurance Nov. 4, 1999
Fairmont Insurance Co. v. Superior Court (Stendell)
Discovery that has been cut off isn't automatically reopened when judgment is reversed on appeal.
Workers' Compensation Nov. 4, 1999
Paxton v. Stewart
Treating physicians, not designated as expert witnesses, can only testify as to their personal observations.
Torts Nov. 4, 1999
Stevens v. Superior Court (API Automobile Insurance Services)
Private right of action available under Unfair Competition Act for failure to comply with licensing requirements of the Insurance Code.
Insurance Nov. 4, 1999
Stroud v. Superior Court
In a criminal case, a defendant is entitled to a 'continuous' preliminary hearing as specified in statute.
Criminal Law and Procedure Nov. 4, 1999
Charpentier v. Los Angeles Rams Football Co. Inc.
Season ticket holder successfully pleaded fraud against pro-football franchise, after alleging he renewed because franchise falsely stated team would remain local.
Torts Nov. 4, 1999
Sacramento County Fire Protection District v. Sacramento County Assessment Appeals Board II (Aerojet General Corp.)
Fire district, as recipient of property taxes, lacks standing to contest assessor's property valuation.
Civil Procedure Nov. 4, 1999
Fountain Valley Regional Hospital and Medical Center v. Director of the State Dept. of Health Services
Dept. of Health Services bears burden to prove its 10-year delay in revising final settlements regarding Medi-Cal payments to hospital was excusable.
Administrative Agencies Nov. 4, 1999
McCabe v. Reed
DMV needn't disclose taxpayer information to facilitate class tax refund claim under statute requiring written authorization from each taxpayer in class.
Taxation Nov. 4, 1999
Munoz v. City of Palmdale
Unpaid volunteer serving coffee at city's senior center is not an employee or servant of city for respondeat superior purposes.
Torts Nov. 4, 1999
Farmers Insurance Exchange v. Jacobs
Insurer with no contractual obligations, due to lapsed policy, can't be held liable for breach of implied covenant of good faith.
Insurance Nov. 4, 1999
Bennett v. Shahhal
Second 90-day notice of intent to bring medical malpractice suit doesn't toll one-year statute of limitations.
Torts Nov. 4, 1999
People v. Hoxter
Officers may rely on consent to enter the residence given by defendant's 16-year-old daughter.
Criminal Law and Procedure Nov. 4, 1999
People v. Superior Court (Perez)
Deportation of legal immigrant before receiving treatment benefits of Sexually Violent Predators Act doesn't violate equal protection clause.
Criminal Law and Procedure Nov. 4, 1999
People v. Avila
Invocation of right to counsel must be during or right before custodial interrogation, and may not be asserted in an anticipatory manner.
Criminal Law and Procedure Nov. 4, 1999
Fairbank v. City of Mill Valley (Lee)
Proposed 5,885 square-foot retail and office building is exempt from California Environmental Quality Act Guidelines.
Environmental Law Nov. 4, 1999
People v. Beltran
Blanket invocation of right to counsel may nonetheless be waived by defendant during later custodial interrogation about an unrelated crime.
Criminal Law and Procedure Nov. 4, 1999
People v. Somersall
Consultation of legal dictionary, provided by bailiff, for the definition of 'malice' is jury misconduct.
Criminal Law and Procedure Nov. 4, 1999
Jordan v. California DMV
Motor vehicle smog impact fee is unconstitutional under the commerce clause of the U.S. Constitution.
Constitutional Law Nov. 4, 1999
Redding Medical Center v. Bonta
Even if medical center's ledger doesn't directly allocate equipment costs, direct allocation according to usage is required where possible.
Administrative Agencies Nov. 4, 1999