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Name Category Published
City of Sierra Vista v. Director, Arizona Department of Environmental Quality
When a legislative enactment amends a statute, but cannot be understood without reference to the earlier statute, then the enactment is unconstitutional. 		Government Apr. 29, 1999
Teachers Insurance & Annuity Association v. Furlotti
For mandatory preliminary injunction to issue, petitioning party must demonstrate reasonable probability of prevailing on merits at trial. 		Real Property Apr. 28, 1999
Basic Modular Facilities Inc. v. Ehsanipour
Plaintiff is entitled to recover actual amount owed on property under mechanics' lien statute. 		Real Property Apr. 28, 1999
Justin C., a Minor
Dependency petition must be dismissed where first trial occurs two years and seven months after petition is filed. 		Juveniles Apr. 28, 1999
People v. Kroncke
Requiring driver involved in injury accident to identify himself as the driver doesn't violate right against self-incrimination. 		Criminal Law and Procedure Apr. 28, 1999
People v. Leng
Prior juvenile adjudication that isn't a serious or violent felony can't be used to impose second 'strike' sentence. 		Criminal Law and Procedure Apr. 28, 1999
Bergeron v. Dept. of Health Services
California Department of Health Services doesn't violate due process by withholding Medi-Cal provider's fees without administrative hearing. 		Administrative Agencies Apr. 28, 1999
Alexis W., a Minor
Parent petitioning for child custody modification must show changed circumstances and best interest of child. 		Juveniles Apr. 28, 1999
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing. 		Criminal Law and Procedure Apr. 28, 1999
Sy First Family Limited Partnership v. Cheung
Although stipulation uses the term 'reference' in its title, parties' conduct supports finding for arbitration. 		Civil Procedure Apr. 28, 1999
Kinney v. United Healthcare Services Inc.
Arbitration clause unconscionable and unenforceable if it lacks mutuality and allows no opportunity for employee to negotiate terms. 		Employment Law Apr. 28, 1999
Conroy v. Spitzer
Act forbidding strategic lawsuits against public participation bars defamation suit based on negative campaigning statements which has reliable basis. 		Torts Apr. 28, 1999
A.M. Classic Construction Inc. v. Tri-Build Development Co.
Where essential question is inadvertently omitted during arbitration, arbitrator may amend award to resolve omitted question. 		Contracts Apr. 28, 1999
Iraheta v. Superior Court (Los Angeles County District Attorney's Office)
Due process doesn't require appointment of counsel for Indigent defendants in nuisance abatement action for injunctive relief. 		Constitutional Law Apr. 28, 1999
Fischer v. Los Angeles Unified School District
School board not required to give 24-hour written notice when evaluating performance of probationary teacher. 		Education Apr. 28, 1999
People v. Johnson
Issue of requiring supplemental probation report is waived when defendant fails to object to proceeding without one. 		Criminal Law and Procedure Apr. 28, 1999
People v. Superior Court (Ramirez)
Petition to extend commitment under Sexually Violent Predators Act is timely if filed before original commitment term expires. 		Criminal Law and Procedure Apr. 28, 1999
Zachary D., a Minor
Parental rights can be terminated without giving parent notice and opportunity to enter into kinship adoption agreement. 		Family Law Apr. 28, 1999
Conservatorship of Angela D.
Conservator must prove beyond a reasonable doubt that sterilization is in best interest of incompetent adult. 		Conservatorship Apr. 28, 1999
Cheri T., a Minor
Soliciting prostitution requires agreement to engage in prostitution plus overt act, but act can come before or after agreement. 		Juveniles Apr. 28, 1999
Schmoll v. Chapman University
Religion clauses of the First Amendment bar civil court review of employment of employment dispute between religious organization and its ministerial employee. 		Constitutional Law Apr. 28, 1999
People v. Herrera
Sentencing court can't impose eight-month gang enhancement penalty against defendant on attempted murder charge. 		Criminal Law and Procedure Apr. 28, 1999
People v. Grant
Where criminal conduct begins before enactment of statute and continues after its effective date, conviction doesn't violate ex post facto laws. 		Criminal Law and Procedure Apr. 28, 1999
Howard Contracting Inc. v. G.A. Macdonald Construction Co. Inc.
Contractor can obtain damages caused by municipality's delays via statute, despite 'no damage for delay' contractual clause. 		Government Apr. 28, 1999
People v. Cortes
Victim's inconsistent testimony regarding details of sexual assault is sufficient to support conviction when trial court's findings resolve contradictions. 		Criminal Law and Procedure Apr. 28, 1999
City of Fresno v. People
Issue of repeal may go before electorate when city isn't required to 'bargain to impasse' under Meyers-Milias-Brown Act. 		Labor Law Apr. 28, 1999
People v. Hodges
When vagueness challenge has no merit, defense counsel isn't ineffective for failing to raise issue at trial. 		Criminal Law and Procedure Apr. 28, 1999
Philip Morris Inc. v. Superior Court (U.A. Local 467 Health and Welfare Trust Fund)
Each party in coordination proceeding can exercise one peremptory challenge to assigned coordination judge. 		Judges Apr. 28, 1999
People v. Fond
Room in locked psychiatric hospital falls under definition of inhabited dwelling house for purposes of burglary. 		Criminal Law and Procedure Apr. 28, 1999
U.S. v. Green
Proof of identity is required for prior drug conviction sentencing enhancement. 		Criminal Law and Procedure Apr. 28, 1999
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