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Name Category Published
National Labor Relations Board v. Kolkka
Employer must bargain with collective bargaining representative even though some voting employees are undocumented aliens.
Labor Law May 20, 1999
Jones v. U.S.
'Carjacking' statute requires three distinct offenses be charged in indictment, proven beyond a reasonable doubt and presented to jury for verdict.
Criminal Law and Procedure May 20, 1999
Burrell v. Starr Nursery Inc.
Summary judgment is improper where presumption of employer's vicarious liability, for supervisor's act of sexual harassment, isn't overcome.
Employment Law May 20, 1999
Quarty v. U.S.
Taxpayers' constitutional rights aren't violated by retroactive application of increased estate and gift taxes.
Taxation May 20, 1999
People v. Hale
Relieving state's burden, by instructing jury that allegations of defendant's prior out-of-state felony convictions are true, requires reversal.
Criminal Law and Procedure May 20, 1999
People v. Ramirez
Defendant isn't entitled to a verbal advisement of the immigration consequences of pleading guilty.
Criminal Law and Procedure May 20, 1999
Riverside County Department of Public Social Services v. Superior Court (Mary Ann M.)
It is proper to deny reunification services to any parent whose rights to another child have been terminated.
Family Law May 20, 1999
Bolsa Chica Land Trust v. Superior Court (Bolsa Chica Land Trust)
Coastal Act doesn't permit destruction of environmentally sensitive habitat area simply based on proposed offsite mitigation.
Environmental Law May 20, 1999
Guardianship of Z.C.W.
Lesbian partner who isn't adoptive or biological parent of child conceived during lesbian relationship isn't entitled to visitation rights through guardianship.
Family Law May 20, 1999
Thompson v. Friendly Hills Regional Medical Center
Motion for new trial isn't supported by allegation of jury misconduct in adding attorney fees to an award for damages.
Civil Procedure May 20, 1999
Haley v. Dow Lewis Motors
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff.
Civil Procedure May 20, 1999
Bollinger v. San Diego Civil Service Commission
Police department employee isn't entitled to written notification of his right to a public hearing 24-hours before he is demoted.
Administrative Agencies May 20, 1999
People v. Elize
Defendant's convictions for assault and battery cannot stand due to failure to give jury instruction on self-defense.
Criminal Law and Procedure May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
General Dynamics Corp. v. WCAB
Asbestos exposure claim could be barred on res judicata grounds if injury known at time of prior settlement for asthma injury.
Workers' Compensation May 20, 1999
Farmers Insurance Exchange v. Smith
Although injured policyholder receives payments from insurer and tortfeasor, his attorney can't be forced by insurer to act as a collection agent.
Insurance May 20, 1999
Sutter's Place Inc. v. Kennedy
Fee collection practices used to collect on bets at certain card games doesn't violate 'percentage game' statute.
Criminal Law and Procedure May 20, 1999
Estate of Beard
Set aside original settlement order invalidates order for preliminary distribution of property derived from settlement.
Probate and Trusts May 20, 1999
Safeco Insurance Co. of America v. Superior Court (McKinney)
Insurer defending action is not bound by stipulated judgment entered into without insurer's consent.
Insurance May 20, 1999
Construction Industry Force Account Council v. Amador Water Agency
Agency has statutory authority to use its own personnel to complete project and isn't required to advertise for bids from outside contractors.
Contracts May 20, 1999
Paykar Construction Inc. v. Bedrosian
Creditor must apply for fair value determination on property sold pursuant to judicial foreclosure within three months of highest bid received at auction.
Real Property May 20, 1999
Owen v. Apfel
Order
Administrative Agencies May 20, 1999
James v. Scott
Order
Criminal Law and Procedure May 20, 1999
Herman v. Los Angeles County Metropolitan Transportation Authority
Limitations period for seeking judicial review of termination from employment only applies if party, rather than attorney, is served with requisite notice.
Administrative Agencies May 20, 1999
Jones v. Adams Financial Services
Arbitration provision is unenforceable where execution of entire agreement obtained by fraud.
Contracts May 20, 1999
Matthew P., a Minor
Due process rights of de facto parents are violated if they are denied the right to confrontation and the right to be heard.
Juveniles May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
Hon. Hilda L. Solis, Member of the California State Senate
Notice & voter approval necessary before municipal water district assesses standby charge at higher rate.
Administrative Agencies May 20, 1999
The California Law Enforcement Telecommunications Advisory Committee
California Law Enforcement Telecommunications System can be used by city providing parking citation management services to another city under contract.
Government May 20, 1999
Hon. Robert Westmeyer, County Counsel Napa County
Alternate member of Local Agency Formation Commission can participate in public hearings, but can't attend closed sessions unless covering for regular member.
Administrative Agencies May 20, 1999