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Name Category Published
Filet Menu Inc. v. C.C.L. & G. Inc. (LeVine)
Contract, induced by fraud, is voidable regardless of whether it is divisible.
Contracts Jun. 1, 2000
Avant! Corp. V. Superior Court (Nequist)
Trial court may deny corporation's motion to stay proceeding or discovery pending related criminal case when it protects employees' Fifth Amendment interests.
Civil Procedure Jun. 1, 2000
Kuns v. City of Ukiah
Whether premature cutting off of family's electrical power caused fire is question of fact for jury.
Government Jun. 1, 2000
Devon C., a Minor
Stop and subsequent search of minor is justified where minor is riding a bicycle on sidewalk without wearing a helmet.
Juveniles Jun. 1, 2000
PMC, Inc. v. Kadisha
Corporate shareholders, directors and officers may be held personally liable for misappropriation of trade secrets.
Corporations Jun. 1, 2000
People v. Green
California's Sexually Violent Predator Act is constitutional and does not offend equal protection principles.
Criminal Law and Procedure Jun. 1, 2000
Dunn v. Jurupa Unified School District
In Political Reform Act action against school board member and district, court may require plaintiff to post security in member's favor.
Government Jun. 1, 2000
People v. Spence
Good faith exception to exclusionary rule doesn't permit admission of evidence seized beyond conditions of probation search.
Criminal Law and Procedure Jun. 1, 2000
Pang v. Beverly Hospital Inc.
Employee's leave, to help elderly mother to move from home, isn't leave to care for parent under California family rights legislation.
Employment Law Jun. 1, 2000
U.S. v. Montero-Camargo
Vehicle's immediate U-turn at border patrol station is factor in determining reasonable suspicion to stop vehicle.
Criminal Law and Procedure Jun. 1, 2000
California Association of Professional Scientists v. Dept. of Fish and Game
Flat fee imposed for environmental reviews is not tax that must be approved by super-majority vote of state legislature.
Environmental Law Jun. 1, 2000
Truck Insurance Exchange v. Unigard Insurance Co.
Insurer is not entitled to indemnity when it fails to notify co-insurer of possibility of contribution.
Insurance Jun. 1, 2000
Yong v. INS
Proceedings on habeas corpus petition for detained alien may not be stayed, pending resolution of appeal in similar case, on ground of judicial economy.
Immigration Jun. 1, 2000
Small v. Superior Court
Court cannot order prison warden to alter visiting area or mandate that defendant be unshackled during court proceedings.
Prisoners Rights Jun. 1, 2000
Jones v. Union Pacific Railroad
Where plaintiff raises triable issue as to railroad's harassment it also raises triable issue of whether state tort claims are federally pre-empted.
Torts Jun. 1, 2000
Mercury Insurance Co. v. Enterprise Rent-a-Car Co. of Los Angeles
Insurance company is not entitled to subrogation when insured has not exhausted coverage of primary insurer.
Insurance Jun. 1, 2000
Arden Carmichael Inc. v. County of Sacramento
Fee imposed upon nonprofit organization, based on percentage of gross receipts from bingo games, is unconstitutional.
Corporations Jun. 1, 2000
U.S. v. Van Loben Sels
Order
Jun. 1, 2000
Washington v. Cambra
Where appellant raises constitutional claims the Dixon rule does not provide an independent state-law basis for precluding federal habeas review.
Criminal Law and Procedure Jun. 1, 2000
Williamson v. General Dynamics Corp.
Fair Labor Standards Act does not pre-empt employees' common-law fraud claims based on employer's promise of continued employment.
Labor Law Jun. 1, 2000
People v. Superior Court (Paez)
Defendant is entitled to discovery when he presents some evidence in support of his discriminatory prosecution claim.
Criminal Law and Procedure Jun. 1, 2000
People v. Williams
Jury may infer guilt from false or misleading statements made to police without Miranda warnings.
Criminal Law and Procedure Jun. 1, 2000
Muzquiz v. City Of Emeryville
Employee fails to prove that city's legitimate, nondiscriminatory reasons for eliminating her job were pretext for age-based discrimination.
Employment Law Jun. 1, 2000
Akins v. Enterprise Rent-A-Car Company of San Francisco
For attorney fee award, apportionment of attorney fees is not required if successful and unsuccessful claims are interrelated.
Civil Procedure Jun. 1, 2000
People v. Thompson
Court isn't required to instruct jury that 'unlawful killing' is killing without excuse or justification when neither defense is presented at trial.
Criminal Law and Procedure Jun. 1, 2000
In re Castro
Court must appoint director of regional center for developmentally disabled to evaluate defendant's competency before proceeding to trial.
Criminal Law and Procedure Jun. 1, 2000
Moore v. First Bank of San Luis Obispo
Court may not amend binding arbitration award to allow prevailing party attorney fees.
Civil Procedure Jun. 1, 2000
Moshonov v. Walsh
Arbitrator does not exceed powers by denying fees to prevailing party based on her interpretation of arbitration provision in parties' contract.
Civil Procedure Jun. 1, 2000
Waste Management of Alameda County Inc. v. County of Alameda (Browning-Ferris Industries of California Inc.)
Landfill operator's commercial and competitive interests are not protected by California Environmental Quality Act.
Environmental Law Jun. 1, 2000
Twentieth Century Insurance Co. v. Choong
Court may impose second monetary sanction for attorney's failure to pay first monetary sanction.
Civil Procedure Jun. 1, 2000