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Countrywide Home Loans Inc. v. Superior Court (HP Lemona II)
In alleged scheme to defraud involving multiple wrongdoers, plaintiff may choose which tortfeasor to sue.
Civil Procedure Feb. 26, 1999
People v. Romero
Expert testimony about street violence in Hispanic culture is irrelevant to charge of murder escalating from 'road rage.'
Criminal Law and Procedure Feb. 26, 1999
Honsickle v. Superior Court (Wysocki)
No 'attempt to purchase' exception to statute prohibiting recovery of non-economic damage by uninsured motorists.
Insurance Feb. 26, 1999
Moore v. Liu
Dismissing Strategic Lawsuit Against Public Participation case, before motion to strike hearing, doesn't prevent attorney fee award.
Civil Procedure Feb. 26, 1999
Marriage of Schaffer
For spousal support modification, there's no abuse of discretion in considering long history of spouse's actions.
Family Law Feb. 26, 1999
Jackson v. City of Los Angeles
Once disciplinary proceedings are initiated, Police Department Board of Rights is sole forum.
Government Feb. 26, 1999
County of Sacramento v. Workers' Compensation Appeals Board
No penalty for unreasonable delay in payment of benefits where eight days late due to clerical error.
Workers' Compensation Feb. 26, 1999
Westside Hospital v. Belshe
Agency's 'final decision' is issued when adopted, not when mailed.
Civil Procedure Feb. 26, 1999
National Union Fire Insurance Co. of Pittsburgh, PA. v. Nationwide Insurance Co.
When general contractor is solely at fault for injury, subcontractor and its liability insurer need not indemnify.
Torts Feb. 26, 1999
People v. Miller
Exigent circumstances for search exist where police return lost boy to home, find door ajar, and give knock-notice.
Criminal Law and Procedure Feb. 26, 1999
Lawson v. Management Activities Inc.
Airlines have no duty to bystanders who experience emotional distress after witnessing plane crash.
Torts Feb. 26, 1999
Golden Day Schools Inc. v. California Dept. of Education
Organizations having contracts with Department of Education aren't shielded from records inspection by audit requirement.
Education Feb. 26, 1999
People v. Donelson
Petition for commitment as a Sexually Violent Predator isn't invalid when filed during 'hold' on defendant's release.
Criminal Law and Procedure Feb. 26, 1999
In re Richard C., a juvenile
Parent who fails to maintain visits with adjudged dependent children, isn't entitled to 'bonding study' before termination of rights.
Juveniles Feb. 26, 1999
People v. Moore
Court isn't required to advise defendant of Sexually Violent Predator Act before he pleads no contest to sex crime.
Criminal Law and Procedure Feb. 26, 1999
Schatz v. Franchise Tax Board
State income taxes aren't dischargeable until deficiency assessment notice is final.
Taxation Feb. 26, 1999
U.S. Golf Assn. v. Arroyo Software
Where there is no prevailing party, trial court doesn't abuse its discretion by not awarding costs.
Civil Procedure Feb. 26, 1999
Marriage of Barneson
Transfer of stock by one spouse to another requires express language of transmutation.
Family Law Feb. 26, 1999
Jermaine B., a Minor
Juvenile defendant is entitled to withdraw no contest plea and invoke his right to a juvenile adjudication.
Criminal Law and Procedure Feb. 26, 1999
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing.
Criminal Law and Procedure Feb. 26, 1999
Triple A Management Co. v. Frisone
Constructive knowledge is properly imputed to principal, since agent's disclosure is presumed.
Real Property Feb. 26, 1999
Transamerica Homefirst Inc. v. Superior Court (San Mateo County Public Guardian)
Change of venue isn't required in action brought by county's public guardian against non-resident defendant.
Conservatorship Feb. 26, 1999
REO Broadcasting Consultants v. Martin
Appeal from Labor Commissioner's decision filed after 10-day time limit can't be heard regardless of excuse.
Civil Procedure Feb. 26, 1999
Westamco Investment Company v. Lee
It's unnecessary to plead civil conspiracy before bringing malicious prosecution action against an attorney.
Civil Procedure Feb. 26, 1999
City of Vernon v. Central Basin Municipal Water District
Injunction provision in the Political Reform Act doesn't authorize injunctions against future conduct.
Government Feb. 26, 1999
Estate of Bonaccorsi
Administrator, who reasonably opposes a contest by beneficiaries, isn't liable to pay surcharge for attorney fees.
Probate and Trusts Feb. 26, 1999
Gonzales v. Workers' Compensation Appeals Board and Hunt-Wesson, Inc.
Injured worker isn't allowed disability benefits when there is no evidence of actual wage loss.
Workers' Compensation Feb. 26, 1999
People v. Williams
Harmful error to admit evidence that defendant had entered, and then withdrawn, a guilty plea.
Criminal Law and Procedure Feb. 26, 1999
R.J. Land and Associates Construction Co. v. Kiewit-Shea
When prime contractor lists two subcontractors for same work, substituted subcontractor can sue.
Contracts Feb. 26, 1999
Hubbart v. People
The Sexually Violent Predators Act doesn't violate due process, equal protection or ex post factor principles.
Criminal Law and Procedure Feb. 26, 1999