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Name Category Published
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
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
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
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
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
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
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
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
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
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
Murray v. Oceanside Unified School District
Anti-workplace harassment law forbids harassment at work based on sexual orientation.
Employment Law Jun. 1, 2000
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
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
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
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
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
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
Union Pacific Corp. v. Wengert
Comparative equitable indemnity is available only for that portion of settlement attributable to economic damages.
Torts Jun. 1, 2000
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
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
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
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
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
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
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
Kenneth H., a Minor
Prosecutor may not rescind plea offer where minor has detrimentally relied upon that offer.
Juveniles Jun. 1, 2000
Humberto O., a Minor
Police may search minor's backpack as incident to minor's arrest for truancy.
Juveniles Jun. 1, 2000
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
Bugna v. Fike
Contract's forum selection clause applies to nonsignatories who are closely related to contract.
Civil Procedure Jun. 1, 2000
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