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Name Category Published
People v. Stewart
Out-of-state conviction for attempted robbery with deadly weapon does not qualify as serious felony for enhancement under three strikes law. 		Criminal Law and Procedure Mar. 3, 2000
Kroupa v. Sunrise Ford
Auto dealer violates Vehicle Leasing Act by not mentioning trade-in allowance on lease document. 		Business Law Mar. 3, 2000
People v. Young
Failure to obtain certificate of probable cause to challenge maximum sentence imposed based on plea agreement precludes constitutional challenge to sentence. 		Criminal Law and Procedure Mar. 3, 2000
People v. Phillips
Spontaneous declaration is properly excluded when there is no indication that declaration was from personal observation or repetition of someone else's statement. 		Criminal Law and Procedure Mar. 3, 2000
People v. Roundtree
Rape is committed even when victim initially consents and then withdraws consent during sexual intercourse but is forced to complete the act. 		Criminal Law and Procedure Mar. 3, 2000
People v. Stewart
Out-of-state conviction for attempted robbery with deadly weapon does not qualify as serious felony for enhancement under three strikes law. 		Criminal Law and Procedure Mar. 3, 2000
People v. Ranger Insurance Co.
Mailing of forfeiture notice extends time that summary judgment may be entered against bail bond. 		Criminal Law and Procedure Mar. 3, 2000
Fairmont Insurance Co. v. Superior Court of Riverside County (Stendell)
In case of mistrial, last date for completing discovery is 15 days before date initially set for new trial of action. 		Civil Procedure Mar. 3, 2000
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective. 		Criminal Law and Procedure Mar. 3, 2000
U.S. v. Rodriguez-Lopez
District court has authority to reduce sentence on offer to stipulate to deportation even where government fails to consent through fast track plea agreement. 		Criminal Law and Procedure Mar. 3, 2000
Hodgers-Durgin v. De La Vina
U.S. citizens engaged in innocent conduct and stopped by border patrol agents must show sufficient likelihood of injury to warrant relief. 		Civil Rights Mar. 3, 2000
U.S. v. Johnston
Failure to allow defendant to set off money forfeited to compensate victim in compliance with restitution order constitutes judicial error. 		Criminal Law and Procedure Mar. 3, 2000
Avalanche Maritime Ltd. v. Parekh (In re Parmetex Inc.)
Under pre-1994 Bankruptcy Code, statute of limitations for avoidance actions begins to run from date of interim trustee's appointment, not date of permanent trustee's qualification. 		Bankruptcy Mar. 3, 2000
Mora v. Vasquez (In re Mora)
Placing cashier's check in mail does not constitute 'delivery' for purposes of avoiding postpetition transfer. 		Bankruptcy Mar. 3, 2000
Dodge v. Superior Court (Casper's Concrete Cutting Inc.)
Once 60-day period is triggered after losing party is served with notice of judgment, court is precluded from granting new trial. 		Civil Procedure Mar. 3, 2000
Kernes v. Superior Court (People)
Absent extraordinary circumstances, appellate court must refrain from issuing preemptory writ unless it first issues notice to affected party. 		Criminal Law and Procedure Mar. 3, 2000
Weyer v. Twentieth Century Fox Film Corp.
Under Americans with Disabilities Act, employer can offer optional insurance that pays more benefits for physical disabilities than for mental disabilities. 		Insurance Mar. 3, 2000
U.S. v. Palafox-Mazon
When evidence doesn't support implicit joint scheme to sell marijuana, each defendant must be sentenced for amount of marijuana separately carried. 		Criminal Law and Procedure Mar. 3, 2000
People v. Lochtefeld
Pellet gun, which can inflict great bodily injury, is deadly weapon as a matter of law. 		Criminal Law and Procedure Mar. 3, 2000
Bjork v. Mason
Minor injured by tow rope pulled by defendant's boat doesn't entitle defendant to summary judgment verdict under assumption of risk doctrine. 		Torts Mar. 3, 2000
In re Robert E., a Minor
Admitting into evidence confession of perjury does not violate juvenile's Sixth Amendment right to counsel. 		Juveniles Mar. 3, 2000
People v. Jackson
Accused is not guilty of willful infliction of corporal punishment when victim is injured during escape, not from battery. 		Criminal Law and Procedure Mar. 3, 2000
Calprop Corp. v. City of San Diego
City's delay to resolve dispute with property owners over development of land does not give rise to inverse condemnation claim. 		Government Mar. 3, 2000
Arya Group Inc. v. Cher
Designer's failure to secure signed, written contract for residence construction doesn't preclude breach of contract claim. 		Contracts Mar. 3, 2000
Canal Street Ltd. v. Sorich
Settlement agreement tolls five-year period to reduce action to judgment. 		Civil Procedure Mar. 3, 2000
McDonald v. DMV
Because Colorado's driving while ability impaired statute is substantially similar to California's Vehicle Code Section 23152, Colorado statute's conviction can enhance sentence. 		Criminal Law and Procedure Mar. 3, 2000
People v. Sun Pacific Farming Co.
Citrus trees infected with citrus tristeza virus are public nuisance which justifies removal of all infected trees. 		Torts Mar. 3, 2000
Riverside County Community Facilities District No. 87-1 v. Bainbridge 17
County's charges levied on homeowners' properties are 'special tax' under Mello-Roos Community Facilities Act, not special assessment. 		Government Mar. 3, 2000
Carlton v. Quint
Failure to prove insufficient service of process and improper notice of summary judgment hearing requires judgment be upheld. 		Civil Procedure Mar. 3, 2000
Walker v. Allstate Indemnity Co.
Insurance commissioner's approval of rate pursuant to amended McBride Act bars excessive rate claims against insurer charging approved rate. 		Insurance Mar. 3, 2000
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