| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B139098
|
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B122853
|
Pacific Custom Pools Inc. v. Turner Construction Co. (Universal City Studios Inc.)
When contract provides for attorney fees, prevailing party is entitled to fees regardless of who initiates action. |
Civil Procedure |
|
Jun. 1, 2000 | |
|
A087191
|
Utility Cost Management v. East Bay Municipal Utility District
Limitations period of Government Code Section 66022 applies to action for refund from municipal utility district. |
Administrative Agencies |
|
Jun. 1, 2000 | |
|
B132583
|
Jessica K., a Minor
Appeal of order terminating parental rights must be dismissed as moot where parent fails to timely file appeal. |
Juveniles |
|
Jun. 1, 2000 | |
|
H019474
|
Griffith v. County of Santa Cruz
County rent control ordinance applies to recreational vehicle site where individuals have resided continuously for nine months or more. |
Real Property |
|
Jun. 1, 2000 | |
|
D033316
|
People v. Palamore
Instruction on special allegation of sex offense doesn't have to inform jury that commercial establishment be closed to public when burglary committed. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
A085349
|
International Federation of Professional and Technical Engineers, Local 21 v. City and County of San Francisco
Although Meyers-Milias-Brown Act allows local regulation, when the act imposes a standard, local divergence is not allowed. |
Labor Law |
|
Jun. 1, 2000 | |
|
D032125
|
People v. Tokash
Sentence enhancement is supported by sufficient evidence that defendant inflicted great bodily injury causing victim to become comatose. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
S012762
|
People v. Bemore
Counsel forgoing questioning of prospective jurors reduces risk that prosecution has reason to use preemptory challenge or challenge for cause. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
D032061
|
People v. Crowder
Where felony and misdemeanor charges are adjudicated separately, defendant may not be sentenced based on same information. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
D031662
|
Murray v. Oceanside Unified School District
Anti-workplace harassment law forbids harassment at work based on sexual orientation. |
Employment Law |
|
Jun. 1, 2000 | |
|
E024929
|
Thatcher v. Lucky Stores Inc.
Because local rule authorizes court to grant summary judgment based solely on absence of opposition, it is invalid. |
Civil Procedure |
|
Jun. 1, 2000 | |
|
E025975
|
Farmers Insurance Exchange v. Superior Court (Han)
Party cannot be held liable for negligently destroying or suppressing evidence that could be relevant to lawsuit. |
Torts |
|
Jun. 1, 2000 | |
|
B134955
|
Del Taco v. WCAB
Injured employee is not entitled to vocational rehabilitation benefits where he is unable to return to work solely because of immigration status. |
Workers' Compensation |
|
Jun. 1, 2000 | |
|
B134741
|
Earley v. Superior Court (Washington Mutual Bank)
Notice to proposed class, that absent class members may be held liable for attorney fees of successful defendant, is improper. |
Civil Procedure |
|
Jun. 1, 2000 | |
|
B126081
|
In re R.G., a Minor
Court may allow dissemination of information from juvenile court records regarding teacher's alleged sexual misconduct. |
Juveniles |
|
Jun. 1, 2000 | |
|
E023787
|
People v. Waples
Prior acts of molestation may be admitted as propensity evidence and to show common scheme or plan. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
A084875
|
Union Pacific Corp. v. Wengert
Comparative equitable indemnity is available only for that portion of settlement attributable to economic damages. |
Torts |
|
Jun. 1, 2000 | |
|
A086721
|
Zee Medical Distributor Association Inc. v. Zee Medical Inc.
Contract, which contains language that relationship between parties shall continue until grounds arise for termination, is valid. |
Contracts |
|
Jun. 1, 2000 | |
|
C033834
|
Reeves v. WCAB
Rebuttable presumption of industrial causation of heart trouble applies to correctional officers and other employees with duties custodial in nature. |
Workers' Compensation |
|
Jun. 1, 2000 | |
|
C031508
|
People v. Fradiue
Inmate is not entitled to Miranda warning before interrogation where no restraints are placed upon him beyond those associated with his inmate status. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
G021708
|
Mitchell v. Blue Bird Body Co.
Buyer of new motor vehicle may recover paid finance charges from manufacturer when electing refund remedy under Song-Beverly Consumer Warranty Act. |
Contracts |
|
Jun. 1, 2000 | |
|
A082687
|
Marriage of King
Appellate court may not review denial of motion to set aside dissolution judgment when appeal is untimely as to underlying dissolution judgment. |
Family Law |
|
Jun. 1, 2000 | |
|
B128478
|
Melvin J., a Minor
Court's failure to make findings required by Welfare and Institutions Code Section 777(a) is harmless error after passage of Proposition 21. |
Juveniles |
|
Jun. 1, 2000 | |
|
B139098
|
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
C029608
|
Kenneth H., a Minor
Prosecutor may not rescind plea offer where minor has detrimentally relied upon that offer. |
Juveniles |
|
Jun. 1, 2000 | |
|
B124161
|
Humberto O., a Minor
Police may search minor's backpack as incident to minor's arrest for truancy. |
Juveniles |
|
Jun. 1, 2000 | |
|
A084038
|
Duggan's Funeral Service Inc. v. Duggan's Serra Mortuary Inc.
Federal and state courts have concurrent jurisdiction over Lanham Act claims and, therefore, state court may cancel federal trademark registration. |
Intellectual Property |
|
Jun. 1, 2000 | |
|
A087632
|
Bugna v. Fike
Contract's forum selection clause applies to nonsignatories who are closely related to contract. |
Civil Procedure |
|
Jun. 1, 2000 | |
|
A087430
|
Kim v. The Regents of the University of Calif.
University employee's complaint for breach of good faith and fair dealing cannot stand where employment is by statute, not contract. |
Employment Law |
|
Jun. 1, 2000 |