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Name Category Published
Viad Corporation v. Superior Court (Kirkland)
Review granted
Aug. 4, 1999
People v. Hedge
Pending court review of defendant's first commitment to mental health facility, based upon sexually violent predator status, doesn't bar separate, subsequent commitment.
Criminal Law and Procedure Aug. 4, 1999
People v. Manriquez
Nongang member who fires upon gang members in drive-by shooting can be convicted of aiding and abetting in first-degree murder.
Criminal Law and Procedure Aug. 4, 1999
Premium Commercial Services Corp. v. National Bank of California
Failure to include key provision in a settlement offer is not a mistake warranting relief from judgment.
Civil Procedure Aug. 4, 1999
Flores on Habeas Corpus
Order
Aug. 4, 1999
Pruitt v. General Motors Corp.
Jury instruction on consumer expectations test isn't required where injury results from occurrence that isn't within a consumer's 'everyday experience.'
Torts Aug. 4, 1999
Sanders v. American Broadcasting Companies Inc.
Employees may enjoy a limited expectation of privacy in workplaces that are not open to the public.
Torts Aug. 4, 1999
Kroll & Kroll v. Paris & Paris
Indemnity may not be sought in a malpractice action from counsel who concurrently, but independently, also represents the client.
Attorneys Aug. 4, 1999
People v. Stanley
Search warrant isn't required for police to ask electric company to install surveillance meter on utility pole on suspect's property.
Criminal Law and Procedure Aug. 4, 1999
Smith v. Maldonado
Disseminating truthful and accurate newspaper article with 'highlighted' passages doesn't constitute defamation.
Torts Aug. 4, 1999
Miguel V. v. Superior Court (Orange County Social Services Agency)
Substantial compliance by incarcerated parent with juvenile court's reunification plan prevents it from terminating reunification services.
Family Law Aug. 4, 1999
Palm Springs Tennis Club v. Rangel
To maintain a libel cause of action, reasonable reader must impute to a statement a meaning which tended to harm reputation of plaintiff.
Torts Aug. 4, 1999
Bowen v. WCAB
Professional athlete living in California, who contracts with out-of-state team in California, is entitled to state workers' compensation benefits.
Workers' Compensation Aug. 4, 1999
Daks v. Franchise Tax Board
Pension income earned in another state, but distributed after taxpayer becomes a California resident, is taxable.
Taxation Aug. 4, 1999
People v. Thornton
Trial court abuses its discretion in striking prior convictions when it fails to consider particulars of defendant's background, character, and prospects.
Criminal Law and Procedure Aug. 4, 1999
Zachary H., a Minor
A 'showing of unfitness' is required only when it relates to the termination of parental rights, not when it involves custody of a minor.
Family Law Aug. 4, 1999
Ariel H., a Minor
Unwed biological father is the presumed father of his natural child only if he promptly assumes parental responsibilities.
Family Law Aug. 4, 1999
Hobbs v. Weiss
In an oral 'hearing' regarding critical pretrial matters, a court may determine the merits based on written and oral presentations.
Real Property Aug. 4, 1999
People v. Centers
In a kidnapping charge, 'substantial likelihood of death' includes transporting victim to several locations at gunpoint.
Criminal Law and Procedure Aug. 4, 1999
People v. Guzman
Uncharged crimes jury instruction, as given, unconstitutionally lowers prosecution's burden of proof.
Criminal Law and Procedure Aug. 4, 1999
People v. Martinez
Court isn't required to impose state and county penalty assessments pursuant to a direct victim restitution order.
Criminal Law and Procedure Aug. 4, 1999
Dowden v. Superior Court
Work-product privilege may be asserted by litigants representing themselves.
Civil Procedure Aug. 4, 1999
Britz Inc. v. Dow Chemical Co.
Joint tortfeasor who obtains good faith settlement determination can't pursue subsequent indemnity action against tortfeasors who later received good faith settlement determination.
Torts Aug. 4, 1999
Gammoh v. City of Anaheim
City's interest in protecting its 'image' isn't legitimate against citizen's interest in exercising free speech right to run adult cabaret business.
Constitutional Law Aug. 4, 1999
Fisette v. Reed
When collecting sample for urinalysis, interim voiding of bladder between first voiding and sample production is irrelevant.
Administrative Agencies Aug. 4, 1999
In re Michael Allen Hamilton
Aug. 4, 1999
La Fe Inc. v. Los Angeles County
Under the California Coastal Commission Act, a lot-line adjustment may be construed to mean 'development' within the meaning of the Act.
Real Property Aug. 4, 1999
Orlina v. Superior Court (People)
State may retry defendant on uncharged lesser-related offense after acquittal on charged offense and hung jury on lesser offense.
Criminal Law and Procedure Aug. 4, 1999
Wilson v. Phillips
Expert testimony regarding repressed memory is admissible as expert medical opinion and not subject to admissibility rules for scientific evidence.
Torts Aug. 4, 1999
Blum v. Republic Bank
Scheduling status conference with court clerk does not violate local rule limiting ex parte communication and is not sanctionable.
Attorneys Aug. 4, 1999