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Pfau v. Kim's Hapkido
Police officer engaging in martial arts training assumes risk of injury.
Torts Sep. 6, 1999
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial.
Real Property Sep. 6, 1999
County of Los Angeles v. Superior Court (Schonert)
California's survival statute precluding husband of deceased wife from recovering pain and suffering for state law claims also applies to federal claims.
Torts Sep. 6, 1999
Agnew v. California State Board of Equalization
Payment of accrued interest on tax deficiency is not prerequisite to administrative refund claim or action for refund of taxes.
Taxation Sep. 6, 1999
People v. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time.
Criminal Law and Procedure Sep. 6, 1999
Casey v. Overhead Door Corp.
One defendant's assignment to plaintiffs of cross-complaint against another defendant as part of settlement gives plaintiffs actual authority to proceed on cross-complaint.
Torts Sep. 6, 1999
Aliberti v. Allstate Insurance Co.
Although apartment building policy provides one-year statutory period to file suit against insurance company, period is equitably tolled if claim never formally denied in writing.
Insurance Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
People v. Newman
Defendant may stipulate to felon status, without advisement by court of rights to jury trial, confront witnesses, and against self-incrimination.
Criminal Law and Procedure Sep. 6, 1999
Associated Builders and Contractors Inc. v. San Francisco Airports Commission
Prehire agreement for large-scale, complex, public-works construction project, which includes no-strike clause, is constitutional.
Labor Law Sep. 6, 1999
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself.
Civil Procedure Sep. 6, 1999
Lavidas v. Smith
Purchaser of deed is entitled to property despite county treasurer's failure to strict adhere to statute.
Real Property Sep. 6, 1999
Kim v. WCAB
Application of statutory payment cap on vocational rehabilitation benefits to interpreter fees doesn't violate equal protection.
Workers' Compensation Sep. 6, 1999
People v. Ray
Police officers may enter unoccupied residence without warrant based on reasonable suspicion of exigent circumstances.
Criminal Law and Procedure Sep. 6, 1999
Sierra Club v. San Joaquin Local Agency Formation Commission (Califia Development Group)
When administrative tribunal 'may' rehear prior decision, petitioner isn't required to request reconsideration of agency's ruling.
Government Sep. 6, 1999
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights.
Criminal Law and Procedure Sep. 6, 1999
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function.
Criminal Law and Procedure Sep. 6, 1999
Julio L., a Minor
Juvenile's kicking of chair, ignoring principal and use of profanity while at school, constitute 'seriously disruptive behavior' warranting disorderly conduct conviction.
Juveniles Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
Bank of America National Trust and Savings Assn. v. Maricopa County
Allegations by plaintiff in voluntarily dismissed tax court action aren't binding in superior court proceeding as judicial admissions or via judicial estoppel.
Taxation Sep. 6, 1999
City of Sedona v. Devol
Findings of abandonment and bad faith are not warranted where the city is attempting to accommodate property owners in a condemnation proceeding.
Government Sep. 6, 1999
Mitroff v. United Services Automobile Association
Order
Sep. 6, 1999
Jenkins v. State Compensation Ins. Fund
Order
Sep. 6, 1999
Kallis v. Franchise Tax board
Order
Sep. 6, 1999
Arambula v. Wells
Order
Sep. 6, 1999
Hunt v. Pasternack
Actual construction of a building isn't required for protection under the Architectural Works Copyright Act.
Intellectual Property Sep. 3, 1999
Arnett v. California Public Employees Retirement System
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act.
Employment Law Sep. 3, 1999
U.S. v. Saenz
Defendant claiming self-defense in assault case can show his own state of mind by testifying to personal knowledge of victim's past violent acts.
Criminal Law and Procedure Sep. 3, 1999
Fajardo v. County of Los Angeles
Upholding practice of treating domestic violence 9-1-1 calls differently, on assumption that such calls involve less injury, is erroneous.
Civil Rights Sep. 3, 1999
Rolex Watch, U.S.A. Inc. v. Michael Co.
Unauthorized sale of reconditioned used product with generic replacement parts and manufacturer's original trademark, constitutes trademark counterfeiting.
Intellectual Property Sep. 3, 1999