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Name Category Published
Sakotas v. WCAB
Under Labor Code Section 3208.3(b)(1), establishing test of predominance for psychiatric injury is permissible exercise of legislative power.
Workers' Compensation Jun. 1, 2000
Dimartino v. City of Orinda
City isn't liable for property damage by storm drain when it didn't participate in construction, management or operation of storm drain.
Real Property Jun. 1, 2000
People v. Jimenez
Multiple counts of forcible sodomy with person under 14 years old requires consecutive sentencing under Penal Code.
Criminal Law and Procedure Jun. 1, 2000
James G. v. Superior Court (People)
Superior court has standing to defend validity of its order and may be represented by county counsel in proceeding.
Criminal Law and Procedure Jun. 1, 2000
Roskind v. Morgan Stanley Dean Witter & Co.
Federal law does not preempt claims brought under California's Unfair Competition Law.
Civil Procedure Jun. 1, 2000
Cimarusti v. Superior Court (Dept. of Youth Authority)
Only juvenile court may compel production of certain juvenile records as requested by youth correctional officers challenging their employment termination.
Juveniles Jun. 1, 2000
Vasquez v. Superior Court (Los Angeles County Fair Association)
Collective bargaining agreement does not contain clear waiver of union member's right to sue employer for statutory claims of employment discrimination.
Labor Law Jun. 1, 2000
Beach-Courchesne v. City of Diamond Bar
City must present substantial evidence that project area is blighted to invoke redevelopment.
Real Property Jun. 1, 2000
People v. Paz
Reasonable, good faith mistake about victim's age is not defense to charge of lewd acts upon 14-year-old.
Criminal Law and Procedure Jun. 1, 2000
Bonta v. Baker
Trustee's service of notice rejecting creditor claim, and not filing date, commences 90-day limitations period to file suit to enforce claim.
Probate and Trusts Jun. 1, 2000
Davis v. Marin
Statute of limitations on medical malpractice claim is extended where notice is served within 90 days of expiration of limitations period.
Civil Procedure Jun. 1, 2000
People v. Rodriguez
Judgment may be corrected on appeal to reflect mandatory parole revocation fine even though state fails to timely object to court's ommission.
Criminal Law and Procedure 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
Mola Development Corp. v. Orange County Assessment Appeals
For tax purposes, assessed value of contaminated property is not the fair market value of property uncontaminated, minus cost of cleanup.
Taxation Jun. 1, 2000
In re Rosenkrantz
Evidence is insufficient to support prison board's finding that defendant is unsuitable for parole.
Criminal Law and Procedure Jun. 1, 2000
PM & R Associates v. WCAB
Adjunct physical therapy services rendered by medical assistants are not illegal per se and may be reimbursable.
Workers' Compensation Jun. 1, 2000
Hill v. City of Clovis
Government Code Section 66462 applies only where local body refuses or postpones approval of final map because offsite improvements are incomplete.
Government Jun. 1, 2000
Easton v. Sutter Coast Hospital
Statute intends to provide health practitioners with absolute immunity with respect to practitioners' mandatory duty to report incidents of elder abuse.
Torts Jun. 1, 2000
Curtis F. v. Superior Court (Dept. of Human Services)
Sufficient evidence exists to deny reunification services even though one mental health professional suggests that mentally ill parent may benefit from reunification.
Juveniles Jun. 1, 2000
People v. Saephanh
Liability for solicitation of murder may not attach where evidence demonstrates that intended recipient never received solicitation.
Criminal Law and Procedure Jun. 1, 2000
Zabetian v. Medical Board of California
Two negligent acts satisfy Business and Professions Code Section 2234's definition of 'repeated negligent acts.'
Torts Jun. 1, 2000
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise.
Criminal Law and Procedure Jun. 1, 2000
Alexander v. State Personnel Board
State Personnel Board may waive provisions of certain civil service statutes, but may not waive 'competitive examination' requirement.
Government Jun. 1, 2000
People v. Choi
Motion to recuse district attorney requires evidence demonstrating conflict of interest rendering it unlikely that defendant will receive fair trial.
Criminal Law and Procedure Jun. 1, 2000
Shin v. Kong
Husband does not have action against physician who artificially inseminates wife without his knowledge.
Family Law Jun. 1, 2000
Jones v. Moore
Expert's testimony is properly excluded when it goes beyond opinions expressed during his deposition.
Civil Procedure Jun. 1, 2000
Sandahl v. Beverly Enterprises Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal.
Torts Jun. 1, 2000
Matthew Z., a Minor
Court properly terminates parental rights of father who has mild retardation and does not maintain relationship with his son.
Juveniles Jun. 1, 2000
Griego v. Superior Court (People)
In civil proceeding, prosecution is bound by promise of transactional immunity and cannot pursue uncharged criminal acts against deponent.
Criminal Law and Procedure Jun. 1, 2000
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists.
Criminal Law and Procedure Jun. 1, 2000