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People v. Crutcher
Defendant's contention of prejudice by prosecutor's dismissed of Hispanic jurors is rejected.
Criminal Law and Procedure May 28, 1999
Dickey v. City of Flagstaff
Recreational use statute immunizes city from liability if it didn't engage in willful, malicious, or grossly negligent conduct to cause injury.
Torts May 28, 1999
Greenwald v. Ford Motor Co.
Where offer of judgment made in wrongful death case lacks apportionment as to beneficiaries, statutory sanctions can't be obtained.
Torts May 28, 1999
Blanchard v. Show Low Planning and Zoning Commission
Rezoning is valid even though public hearing and approval occurs before the land is annexed.
Real Property May 28, 1999
State v. Panveno
Drawn blood and physical signs of alcohol impairment constitute sufficient evidence to establish alcohol level above legal limit.
Criminal Law and Procedure May 28, 1999
Hill v. Hall
Defendant is entitled to only one peremptory challenge for change of judge.
Criminal Law and Procedure May 28, 1999
People v. Rodriguez
Court must exercise its discretion to strike prior felony in presence of defendant and counsel.
Criminal Law and Procedure May 27, 1999
Polesnky v. Kyocera International Inc.
Order
May 27, 1999
Coughlin v. Owens Illinois Inc.
Order
May 27, 1999
People v. Tufono
During patdown search, officer cannot retrieve object from suspects pocket that isn't weapon or contraband.
Criminal Law and Procedure May 27, 1999
Providence Washington Ins. Co. v. Container Freight Inc.
Whether timeliness of notice to excess carrier is reasonable depends on underlying circumstances as facts.
Insurance May 27, 1999
Pfizer Inc. v. Orange County Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage.
Civil Procedure May 27, 1999
People v. Nelson
Court's withdrawal of confusing and inapplicable jury instruction during deliberation isn't prejudicial error.
Criminal Law and Procedure May 27, 1999
Planning and Conservation League v. Department of Water Resources
Notice of appeal from order in validation action must be filed within 30 days.
Civil Procedure May 27, 1999
People v. Cline
Defendant doesn't have right to unitary trial on current offenses and strike allegations.
Criminal Law and Procedure May 27, 1999
Quackenbush v. Superior Court of San Francisco County (Congress of California Seniors)
Injunction against expenditure of state funds to implement Proposition 213, restricting damage recovery, is invalid.
Insurance May 27, 1999
People v. Prevost
Statute making it illegal to manufacture, sell, or distribute unauthorized cable decoder boxes is constitutionally valid.
Criminal Law and Procedure May 27, 1999
Federal Insurance Co. v. Superior Court (Mackey)
Subcontractor's suit against prime contractor's surety must be stayed until completion of arbitration between contractors.
Civil Procedure May 27, 1999
People v. Pinedo
Order of restitution to victim for attorney fees incurred securing settlement from defendant's insurer is proper.
Criminal Law and Procedure May 27, 1999
Andreini v. Superior Court (Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home.
Torts May 27, 1999
Maxwell v. Fire Insurance Exchange
Emotional distress damages cannot be recovered in third-party bad faith claim without economic loss.
Insurance May 27, 1999
In re Parker
Probable cause to hold defendant as sexually violent predator requires more than facial review of petition.
Criminal Law and Procedure May 27, 1999
Citizens For Open Access to Sand and Tide Inc. v. Seadrift Association
Action for implied dedication of public recreational easement is barred by doctrine of res judicata.
Real Property May 27, 1999
Schabarum v. California Legislature
Funds budgeted for Legislative Counsel Bureau needn't be included in Legislature's budget for spending limitations purposes.
Government May 27, 1999
Olson Farms Inc. v. Barbosa
State court jurisdictional ruling is only appealable to U.S. Supreme Court, not federal district court.
Administrative Agencies May 27, 1999
Bolshakov v. INS
Aliens who are victims of criminal activity in another country aren't entitled to asylum.
Immigration May 27, 1999
Cisneros v. UNUM Life Insurance Co.
California and federal laws require actual prejudice from untimely proof submission to deny insurance policy payment.
Labor Law May 27, 1999
Bankruptcy of Di Giorgio
Vacation of leased premises moots appeal of order that automatic stay pre-empts unlawful detainer statute.
Bankruptcy May 27, 1999
Ramey v. Stevedoring Services of America
Summary affirmance provision of Omnibus Consolidated Rescissions and Appropriations Act doesn't violate separation of powers.
Workers' Compensation May 27, 1999
Singh v. INS
Well founded fear of persecution isn't established by evidence of repeated criminal acts against alien.
Immigration May 27, 1999