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Name Category Published
Division of Labor Standards Enforcement v. Rhee
Prevailing party in action brought by Division of Labor Standards Enforcement may be awarded costs, despite statute prohibiting such cost awards.
Civil Procedure Sep. 2, 1999
People v. Tillman
Rape conviction may be both element of crime of failure to register as sex offender and strike under three strikes law.
Criminal Law and Procedure Sep. 2, 1999
San Diego County Clerks Association v. Superior Court
Unification of municipal court employees to one superior court does not require that employees maintain civil-service status.
Government Sep. 2, 1999
Stapper v. GMI Holdings Inc.
Offer of proof that garage-door opener was defective in design is sufficient to overcome the 'firefighter's rule.'
Torts Sep. 2, 1999
Bradley v. Breen
Statute of limitations bars cross-complaint for equitable indemnity against decedent's estate even though cause of action had not accrued at decedent's death.
Civil Procedure Sep. 2, 1999
People v. Custodio
Statute prohibiting possession of a sharp instrument by a prisoner is not unconstitutionally vague.
Constitutional Law Sep. 2, 1999
Derek W., Minor
To avoid termination of parental rights, parent must do more than just visit child, but also occupy a 'parent role' in child's life.
Family Law Sep. 2, 1999
Gagan v. Gouyd
Conveyance of marital property into trust and conveyance of trust assets to wife as part of marriage dissolution isn't fraudulent.
Real Property Sep. 2, 1999
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law.
Criminal Law and Procedure Sep. 2, 1999
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes.
Criminal Law and Procedure Sep. 2, 1999
Holt v. Regents of the University of California
Present cash value of future economic damages in medical malpractice action may be paid by an annuity or lump-sum payment.
Torts Sep. 2, 1999
People v. Bersamina
Instructing jury that it could conclude defendant molested child if it found by preponderance he committed prior sexual offense is grounds for reversal.
Criminal Law and Procedure Sep. 2, 1999
Pringle v. Chapelle
Simultaneous fee agreements doesn't automatically establish attorney's failure to obtain clients' consent to dual representation.
Attorneys Sep. 2, 1999
Hahn v. State Board of Equalization (International Business Machines Corp.)
Amendment of statute not allowing certain computer programs to be taxed as property is proper and consistent with legislative intent.
Taxation Sep. 2, 1999
Marcus G., a Minor
Minor's juvenile or dependency status must be assessed and determined in juvenile proceedings, not dependency proceedings.
Juveniles Sep. 2, 1999
Hodges v. Superior Court (Ford Motor Co.)
Statute that precludes recovery of noneconomic losses for pain and suffering doesn't apply in product liability action by uninsured motorist against car manufacturer.
Torts Sep. 2, 1999
Hoffman v. Connell
If decedent didn't own trust property under California law, estate isn't required to pay taxes on it.
Taxation Sep. 2, 1999
Reese v. Wal-Mart Stores Inc.
Refusal to certify class of male shoppers harmed by 'Ladies Day' discounts was proper after determination that substantial benefits wouldn't accrue.
Civil Procedure Sep. 2, 1999
San Rafael Elementary School District v. California State Board of Education (Russell)
State Board of Education may review de novo a county committee's findings rejecting transfer of territory from one school district to another.
Government Sep. 2, 1999
Marriage of Koester
Business begun by one spouse prior to marriage and incorporated during marriage does not become community property.
Family Law Sep. 2, 1999
People v. Superior Court (Lujan)
For lying-in-wait special circumstances allegation in murder case, the amount of time concealed must be 'substantial.'
Criminal Law and Procedure Sep. 2, 1999
Bagley v. TRW Inc.
Summary judgment motion denied by one judge and later transferred to another judge is still valid where no new facts are presented.
Civil Procedure Sep. 2, 1999
People v. Mosley
For 'Miranda' purposes, questioning a defendant while being transported in ambulance to hospital isn't custodial interrogation.
Criminal Law and Procedure Sep. 2, 1999
Leslie v. Superior Court (Southern California Edison Co.)
Although public utilities commission has jurisdiction concerning utility easements, where county adopts building code regarding grading of easement, superior court has jurisdiction.
Administrative Agencies Sep. 2, 1999
People v. Orange County Charitable Services
Failure of charitable fundraising group to account for $15 million raised for charitable organizations warrants imposition of constructive trust and civil penalties.
Torts Sep. 2, 1999
Main Fiber Products Inc. v. Morgan & Franz Insurance Agency
Opposition to good-faith settlement agreement isn't proper when it is appealed from a final judgment.
Civil Procedure Sep. 2, 1999
Glendale Federal Bank v. Hadden
Landlord's refusal to allow bank to cure forfeited lease is proper where bank isn't indispensable party and has no interest in lease once terminated.
Civil Procedure Sep. 2, 1999
Gammoh v. City of Anaheim
City's interest in protecting its 'image' isn't legitimate against citizen's interest in exercising free speech right to run adult cabaret business.
Constitutional Law Sep. 2, 1999
In re Locks
Defendant found not guilty by reason of insanity and committed to state hospital is entitled to hearing to determine competency to refuse medication.
Civil Rights Sep. 2, 1999
Argaman v. Ratan
Pro per attorney may recover only costs after successful discovery motion.
Attorneys Sep. 2, 1999