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People v. Rigo
Prior medical approval is required before using marijuana, in order to apply the compassionate use defense.
Criminal Law and Procedure Feb. 26, 1999
Spaziano v. Lucky Stores Inc.
Pregnancy leave policy isn't discriminatory if all non-work related injuries are treated equally.
Employment Law Feb. 26, 1999
Conservatorship of Guerrero
Grave disability for reestablishing conservatorship includes conservatee who won't take medication for mental disorder.
Conservatorship Feb. 26, 1999
People v. Yovanov
Evidence of uncharged sexual misconduct can be admitted to corroborate victim's claims of abuse.
Criminal Law and Procedure Feb. 26, 1999
Roes v. Wong
Junior lienholders who pay off senior lienholders to avoid foreclosure are not protected by usury statutes.
Real Property Feb. 26, 1999
Biggers v. Workers' Compensation Appeals Board
Courtroom bailiffs are deemed 'active law enforcement' and qualify for paid leave of absence for work disability.
Workers' Compensation Feb. 26, 1999
People v. McGavock
No corroboration required for accomplice testimony in probation revocation proceedings.
Criminal Law and Procedure Feb. 26, 1999
In re James Warner Eichorn
Necessity is a valid defense to charge of violating a city ordinance banning sleeping in public areas.
Criminal Law and Procedure Feb. 26, 1999
People v. Rodriguez
Jury instruction equating 'proximately causing' and 'personally inflicting' injury is error when determining a 'strike.'
Criminal Law and Procedure Feb. 26, 1999
Berry v. Society of Saint Pius X
Articles giving incumbent leader power to appoint successor are invalid when not authorized by corporation.
Corporations Feb. 26, 1999
People v. Lynch
Legislative amendment extending statute of limitations doesn't change prior appellate ruling not allowing extension.
Criminal Law and Procedure Feb. 26, 1999
International Longshoremen's and Warehousemen's Union v. Los Angeles Export Terminal Inc.
Board of directors meeting of private corporation is open to the public when city is a shareholder.
Government Feb. 26, 1999
People v. Myers
No abuse of discretion to deny motion to strike prior conviction if impartial and based on facts.
Criminal Law and Procedure Feb. 26, 1999
Acceptance Insurance Company v. Syufy Enterprises
Personal injury action by contractor's employee is covered by 'additional insured' endorsement of building owner's policy.
Insurance Feb. 26, 1999
Silver v. McNamee
Notice of intent to sue by service by mail is sufficient to invoke statutory provision tolling the suit's statute of limitations.
Civil Procedure Feb. 26, 1999
Eckert v. The Superior Court of San Diego County (Tebo)
Once motions in limine are filed, trial has commenced and judge isn't required to stay trial pending disqualification motion.
Civil Procedure Feb. 26, 1999
General Motors Corp. v. City and County of San Francisco
Business tax that treats in-city and out-of-city manufacturers differently violates commerce protections.
Taxation Feb. 26, 1999
People v. Anzalone
Commitment as a mentally disordered offender is improper when crime was committed without force or violence.
Criminal Law and Procedure Feb. 26, 1999
Breneric Associates v. City of Del Mar
Regulating land use to promote structural harmony is proper where supported by substantial evidence.
Administrative Agencies Feb. 26, 1999
People v. Mendez
Defendants challenging legality of proceedings following guilty plea, must comply with all statutory requirements.
Criminal Law and Procedure Feb. 26, 1999
People v. Roybal
Continuance to wait for expert, who defendant believed would testify DNA test was invalid, is properly denied.
Criminal Law and Procedure Feb. 26, 1999
Kings Rehabilitation Center Inc. v. Premo
Incorporation by reference of ratesetting manual into published regulations is lawful.
Government Feb. 26, 1999
Nguyen v. Proton Technology Corporation
Extraneous pre-litigation statements aren't protected by 'judicial proceedings' privilege.
Torts Feb. 26, 1999
Winograd v. American Broadcasting Co.
Trial court's interpretation of an agreement stands even when multiple inferences can be drawn.
Contracts Feb. 26, 1999
Amos v. Director, Office of Workers' Compensation Programs
Injured employee faced with differing, medically reasonable treatment options may choose among them.
Workers' Compensation Feb. 26, 1999
People v. Pelayo
Defendant punishable for rape by blocking escape and issuing threats, even though co-defendant committed penetration.
Criminal Law and Procedure Feb. 26, 1999
People v. Oskins
To avoid criminalizing innocent conduct, violation of illegal weapon possession statute requires culpable mens rea.
Criminal Law and Procedure 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
United States v. Puzo
Civil forfeiture of monies seized, after defendant pleaded to making false statements, isn't double jeopardy.
Civil Procedure Feb. 26, 1999
Grant v. McDonnell Douglas Corp.
Psychologist's contention that undefined mental condition prevented pursuit of claim doesn't justify equitable tolling.
Labor Law Feb. 26, 1999