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Golden Day Schools Inc. v. California Dept. of Education
Organizations having contracts with Department of Education aren't shielded from records inspection by audit requirement.
Education Feb. 26, 1999
People v. Donelson
Petition for commitment as a Sexually Violent Predator isn't invalid when filed during 'hold' on defendant's release.
Criminal Law and Procedure Feb. 26, 1999
In re Richard C., a juvenile
Parent who fails to maintain visits with adjudged dependent children, isn't entitled to 'bonding study' before termination of rights.
Juveniles Feb. 26, 1999
People v. Moore
Court isn't required to advise defendant of Sexually Violent Predator Act before he pleads no contest to sex crime.
Criminal Law and Procedure Feb. 26, 1999
Schatz v. Franchise Tax Board
State income taxes aren't dischargeable until deficiency assessment notice is final.
Taxation Feb. 26, 1999
U.S. Golf Assn. v. Arroyo Software
Where there is no prevailing party, trial court doesn't abuse its discretion by not awarding costs.
Civil Procedure Feb. 26, 1999
Marriage of Barneson
Transfer of stock by one spouse to another requires express language of transmutation.
Family Law Feb. 26, 1999
Jermaine B., a Minor
Juvenile defendant is entitled to withdraw no contest plea and invoke his right to a juvenile adjudication.
Criminal Law and Procedure Feb. 26, 1999
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing.
Criminal Law and Procedure Feb. 26, 1999
Triple A Management Co. v. Frisone
Constructive knowledge is properly imputed to principal, since agent's disclosure is presumed.
Real Property Feb. 26, 1999
Transamerica Homefirst Inc. v. Superior Court (San Mateo County Public Guardian)
Change of venue isn't required in action brought by county's public guardian against non-resident defendant.
Conservatorship Feb. 26, 1999
REO Broadcasting Consultants v. Martin
Appeal from Labor Commissioner's decision filed after 10-day time limit can't be heard regardless of excuse.
Civil Procedure Feb. 26, 1999
Westamco Investment Company v. Lee
It's unnecessary to plead civil conspiracy before bringing malicious prosecution action against an attorney.
Civil Procedure Feb. 26, 1999
City of Vernon v. Central Basin Municipal Water District
Injunction provision in the Political Reform Act doesn't authorize injunctions against future conduct.
Government Feb. 26, 1999
Estate of Bonaccorsi
Administrator, who reasonably opposes a contest by beneficiaries, isn't liable to pay surcharge for attorney fees.
Probate and Trusts Feb. 26, 1999
Gonzales v. Workers' Compensation Appeals Board and Hunt-Wesson, Inc.
Injured worker isn't allowed disability benefits when there is no evidence of actual wage loss.
Workers' Compensation Feb. 26, 1999
People v. Williams
Harmful error to admit evidence that defendant had entered, and then withdrawn, a guilty plea.
Criminal Law and Procedure Feb. 26, 1999
R.J. Land and Associates Construction Co. v. Kiewit-Shea
When prime contractor lists two subcontractors for same work, substituted subcontractor can sue.
Contracts Feb. 26, 1999
Hubbart v. People
The Sexually Violent Predators Act doesn't violate due process, equal protection or ex post factor principles.
Criminal Law and Procedure Feb. 26, 1999
People v. Rigo
Prior medical approval is required before using marijuana, in order to apply the compassionate use defense.
Criminal Law and Procedure Feb. 26, 1999
Spaziano v. Lucky Stores Inc.
Pregnancy leave policy isn't discriminatory if all non-work related injuries are treated equally.
Employment Law Feb. 26, 1999
Conservatorship of Guerrero
Grave disability for reestablishing conservatorship includes conservatee who won't take medication for mental disorder.
Conservatorship Feb. 26, 1999
People v. Yovanov
Evidence of uncharged sexual misconduct can be admitted to corroborate victim's claims of abuse.
Criminal Law and Procedure Feb. 26, 1999
Roes v. Wong
Junior lienholders who pay off senior lienholders to avoid foreclosure are not protected by usury statutes.
Real Property Feb. 26, 1999
Biggers v. Workers' Compensation Appeals Board
Courtroom bailiffs are deemed 'active law enforcement' and qualify for paid leave of absence for work disability.
Workers' Compensation Feb. 26, 1999
People v. McGavock
No corroboration required for accomplice testimony in probation revocation proceedings.
Criminal Law and Procedure Feb. 26, 1999
In re James Warner Eichorn
Necessity is a valid defense to charge of violating a city ordinance banning sleeping in public areas.
Criminal Law and Procedure Feb. 26, 1999
People v. Rodriguez
Jury instruction equating 'proximately causing' and 'personally inflicting' injury is error when determining a 'strike.'
Criminal Law and Procedure Feb. 26, 1999
Berry v. Society of Saint Pius X
Articles giving incumbent leader power to appoint successor are invalid when not authorized by corporation.
Corporations Feb. 26, 1999
People v. Lynch
Legislative amendment extending statute of limitations doesn't change prior appellate ruling not allowing extension.
Criminal Law and Procedure Feb. 26, 1999